Lake George Park Commission

Meeting #343

25 April 2006

The Holiday Inn

Lake George, NY


PRESIDING:                Bruce E.  Young, Chair


COMMISSION MEMBERS PRESENT:    Thomas K.  Conerty
                        Joan A. Robertson
                        John A. Pettica, Jr.
                        Roger Phinney
                        (Denise Sheehan, DEC Commissioner)
                        *Thomas W. Hall, representing
                        John C.  McDonald, Jr.
                        Thomas Morhouse
                        James T. Kneeshaw
                        Shauna DeSantis

COMMISSION MEMBERS ABSENT:    None Absent


COMMISSION STAFF PRESENT:    Michael P. White, Executive Director
                        Molly Gallagher, Environmental Analyst 2
                        Lt. Joseph H. Schneider, Director of Law Enforcement
                        J. Thomas Wardell, Director of Engineering   
                        Roger Smith, Conservation Operations Supervisor 1
                        Michelle Way, Keyboard Specialist 1
                        Peggy Stevens, Principal Account Clerk
                            Andrea L. Maranville, Director of Governmental &
                        Community Affairs


COMMISSION COUNSEL PRESENT:    Martin Auffredou

               
OTHERS PRESENT:

Sylke Chesterfield            Christopher Navitsky        Anthony Hall
Catherine “Cappy” Dillingham    Laura Bibler                Vincent  Andretta   
Bob Cella                Joseph Primavea            Andrea Birkenstock
James Laundree            Jeff Provost                Kathy Bozony
Carol Collins                Rick Gage                Sarge Condit
Michael Shelkun            Mitchell Perdue            Scott Simmons
Mary Alice Leary            Timothy Holmes            Ken Parker
David Cederstrom            David Decker            John Augstell       
                    Item #1 - Introductions, Roll Call, Minutes of Meeting

The 343rd meeting of the Lake George Park Commission was called to order by
Chairman Young at 10:00 a.m. and the roll was taken. 

Mr.  Young said that the minutes of the previous meeting were distributed in advance of this meeting to Commission members for their review.  On the motion of Joan Robertson, seconded by James Kneeshaw, all Commission members present voting affirmatively; the minutes of meeting # 342 were approved as submitted.

Item #2 - Election of Officers — Report of Nominating Committee: John C.  McDonald

John McDonald reported that the Nominating Committee did meet and are nominating the following officers:

Bruce E. Young, Chairman
Thomas K. Conerty, Vice-Chair
John Pettica, Secretary/Treasurer

Bruce Young asked if there was any nominations from the floor.

John McDonald made a motion to approve the nominations of the Nominating Committee and elect the named individuals as 2006-07 officers of the Commission , the motion was seconded by Joan Robertson and all Commission members present voted affirmatively.

Item #3 - Project Review - Public Comments on Pending Applications: 
         Molly Gallagher

Chairman Young explained the Project Review portion of the meeting.  He said that the first portion is an information gathering session for the Commission members.  He said anyone that has anything to say (pro or con) regarding the projects, this is the time to say it.  He said that the second portion of Project Review is the Commission’s chance to discuss the application and no public in attendance will be taking part in this session unless they are asked to clarify a point they had previously made.

Molly Gallagher read a prepared statement explaining the role of the Project Review Committee and the application process (attached).
   
Class A Marina Renewal submitted by Patrice Shelkun, Town of Fort Ann, County of Washington # 5328-19-05

Molly Gallagher introduced the project.  She said that this is an existing marina that came up for renewal this year.  Molly said that when she went out for the site inspection they found that the project site had been changed.  A new residence has been built and the parking spaces that were there are no longer available.  She said that the site was under construction so you could not really make heads or tails of where everything was located.

Molly Gallagher said that Dr. Michael Shelkun requested that the Park Commission suspend or inactivate his marina permit. 

Chairman Young asked Molly if their discussion will be about approving the marina permit or suspending the marina permit.

Molly Gallagher said that is a two part answer and said that Martin Auffredou, Commission counsel could answer the question better than she could.

Martin Auffredou said that from what he understands, Dr. Shelkun has made a request to staff that the Commission suspend or inactivate his marina permit.  He has indicated that he is the owner of the property and has no intention of operating a marina at the property but would like to preserve the marina status.  He said that Commission staff have informed Dr. Shelkun that there is no mechanisms in the regulations that allow for a permit to be suspended or inactivated.

Martin Auffredou said that Dr. Shelkun is here today to appeal the decision made on behalf of the Commission staff.

Dr. Shelkun said that he owns property on Echo Bay.  He said that his property is just shy of one acre and that the previous owners operated a 12 slip marina for many years.  He said that he purchased the property approximately three years ago and one of the main reasons he bought the property was because of the value of the lake frontage and the value of the ability to rent the boat slips if they ever decide to do so.

Dr. Shelkun said that he has no intention of renting out any boat slips or operating this property as a marina.

Dr. Shelkun spoke of the significant changes that he has made to his property such as maintenance to the boat house, the taking down of two existing buildings, and maintenance to the macadam drive.  He said that his new driveway is being put in now and he spoke of proposed parking areas for dock renters.

Dr. Shelkun said that he has demonstrated on the property that there is enough parking spaces to be in accordance with the rules and regulations in regards to a Class A marina permit.  Dr. Shelkun said that he has no intention of renting the dock spaces but would like to maintain the permit.  He said that he would like to maintain the value of the property and continued to speak about the value of the docks.

Dr. Shelkun requested that the Commission members either inactivate his marina permit for a period of time definitely or indefinitely or suspend his permit so that in the future when he retires he can rent some of the dock spaces.

Chairman Young said that there are two issues before the Commission today and the first issue is can you suspend a marina permit and it is clear that there is no provision for that in the regulations.  Chairman Young said that the second issue is if the marina permit can’t be suspended or inactivated does Dr. Shelkun want to go ahead with his application.

Chairman Young asked Dr. Shelkun if he can’t suspend the marina permit does he want to go ahead with an application for a marina permit.

Martin Auffredou, Commission counsel, advised the members and said that there is no mechanism in the regulations to suspend or inactivate a permit.  He said that he thinks that the Commission shouldn’t grant permits knowing that they will not be utilized.  He said that this can cause problems ten to twenty years down the road with the character of the neighborhood and the bay.

Dr. Shelkun said that the property has had a marina permit since the Commission first started issuing permits.  He said that he is trying to protect the lake by not renting the dock spaces and eliminating boat traffic on the lake.

Martin Auffredou said that under the Commission’s regulatory program his position is that if you are going to be granting a permit or a permit renewal than it should be for a real, live marina operation it should not be for a future marina.

Chairman Young asked if any of the Commissioners wanted to speak about this project.

James Kneeshaw asked Dr. Shelkun if there was anything that prohibits the future buyer from getting a permit as long as they know that the value of having a marina is there and they are willing to comply and satisfy the requirements of the Commission.

Dr. Shelkun said that he spoke to Mr. White and it was his understanding that if he eliminates his marina permit to a residential dock permit it may not be possible in the future on Lake George to obtain a marina permit.  He said that the only thing that is preventing him from renewing his marina permit is the parking area.

Michael White addressed Mr. Shelkun and said that they spoke on the telephone regarding the marina permit and said that while there is nothing in the Commission’s regulations expressly limiting marina’s to commercial docks he didn’t want to give Mr. Shelkun the impression that it is easy to re-instate a marina permit in a residential area after operations have been suspended for a number of years.  He said that in such a case there is a tremendous amount of uncertainty in the future approval.

Chairman Young said that there is no advantage of maintaining the marina permit because it is looked at as if it is a brand new application.  He said they would have to go through the whole process.

Dr. Shelkun said that his point of view is that, that would be something for the subsequent owners to worry about.  He said that the marina permit has a significant value associated with it based on the fact that it constitutes income for certain people.  He said to restrict this is almost like restricting commerce.  He said that this is one of the reasons that he purchased the property.  He said there is a specific value associated with the permit.  He said that the feeling he has gotten from being on the lake for the past ten years is to reduce the number of docks on Lake George and to reduce the boat traffic and that is what he is doing by not renting out these docks.

The Commissioners continued to discuss the project.

Roger Phinney asked if the Commission actually goes out and checks to see that a person who is issued a marina permit actually operates a marina.  He said that there is no requirement that says that all of the spaces have to be rented.

Molly Gallagher said no, this is a unique situation that we have never encountered before.

Chairman Young said that he would doubt that someone would go through the expense of obtaining a marina permit and not use it.

John Pettica asked when the marina comes up for renewal.  He was informed that the renewal has already expired.

Thomas Hall asked about the status of the renewal that was sought.

Molly Gallagher informed Mr. Hall that he applied for a renewal and it was denied.  She said that he is here to appeal the decision of the Commission.

Dr. Shelkun wanted to let the Commission know that he has never let the permit expire.  He said that he was in the process of renewing the permit when he received a letter from Molly Gallagher stating that because the footprint of the property has changed, the renewal was denied.  He said at that time construction was going on and nobody could tell where the parking spaces would be.

John Pettica commended Dr. Shelkun on the beautiful home he built.  Mr. Pettica said that his home has enhanced the character of the neighborhood.  John Pettica asked if Dr. Shelkun would be able to support as much parking as is being proposed.  He has also made mention to the fact that there is a lot of issues with stormwater runoff in that area and he said that neighbors would probably be upset with the off street parking that is being proposed.

Joan Robertson said that she has concerns with the marina permit being dormant for 10 to 15 years.  She said that down the road when someone wants to run the marina it will cause more congestion than what is there now.

Thomas Conerty asked about how long it has been since the slips have been rented.

Dr. Shelkun responded and said that the slips have not been rented out in about 4 seasons.

Thomas Morhouse asked if Mr. Shelkun was to abandon the marina would he also have to abandon his docks.

Martin Auffredou said that he would not have to abandon the docks, they would become residential use rather than commercial use.

Chairman Young said that he doesn’t see an advantage to maintaining a marina permit that is not going to be used.  He said that the dock structure is there and the marina history is there and if someone wants to run a marina again they would have to come in and the application would be looked at as if it was a brand new application.

Thomas Wardell, Commission Engineer, was asked to review the site plans.  He said that the septic system is built for a five bedroom home — not 12 additional families.

A discussion continued among the Commission members and Dr. Shelkun regarding the use of the dock complex and the requirements of having a marina.  Dr. Shelkun decided to withdraw his marina permit renewal based on the discussion with the Commission members and he asked to have his dock complex changed to residential use.

The Commission members thanked Dr. Shelkun for attempting to keep the boat traffic down and reassured him that he could reapply for a marina permit at a later time.

Joan Robertson said that there is no guarantee down the road that a marina permit would be granted.

Application for New Class A Marina submitted by Rose Gage, Town of Bolton, County of Warren # 5220-35-05

Molly Gallagher introduced the project.  She said that the applicant, Rose Gage, submitted an application for a permit for a Class A Marina offering berthing for up to 6 vessels not belonging to the owner.  Molly Gallagher said that this family has offered these spaces for rent for many, many years.

Molly Gallagher said that this family was unaware of the marina requirements and have been paying commercial fees for years.  She said that she inspected the site and found that he does meet all of the requirements.

Richard Gage spoke to the Commission members regarding the submission of this application.  He said that he is here today on behalf of his mother, Rose Gage.  He said that this application is to bring into compliance what has existed since the early 80's.  He said what is proposed doesn’t include any expansion and they have owned the property since 1968. 

Mr. Gage said that his deceased father had been handling all of the affairs and then his mother and now it has fallen to him.

Mr. Gage said that they have been paying for commercial dock fees all along and mistakenly thought that all of their permits were in order and apparently they were not.  He said that they are seeking a Class A Marina Permit and a permit to relocate the dock, which is out and would be put back in the same spot.

Mr. Gage thanked the Commission on behalf of himself and his family for being allowed to speak and present their side of the application.

Chairman Young asked if there was anyone else present to speak on this project.  There was no response.

Application for New Wharf Construction submitted by Mitchell Perdue, Town of Dresden, County of Washington # 5324-1-06

Molly Gallagher introduced a project for new wharf construction submitted by Mitchell Perdue.  She said that the project is located on Meadow Point and has approximately 620 feet of lake front.

Molly Gallagher said that this application was looked at during the February meeting and Commissioners were concerned that the dock complex was too large for the bay that it is proposed to be in.  Molly Gallagher said that Mitchell Perdue has responded to that and decreased the proposal and Jeff Provost is here to speak on behalf of Mr. Perdue.

Molly Gallagher said that she has received many new communications since she sent out her packet to Commissioners.  She said that the Commissioners may have not had a chance to read the comments letters yet since they were given to them this morning.

Molly Gallagher said that she originally prepared a Draft Negative Declaration for this project because it needed to be considered for SEQRA but with the reduction it is no longer subject to SEQRA review so the Negative Declaration can be ignored and the project can be looked at as a minor project.

Jeff Provost, agent for Mitchell Perdue, said that he has been working on the project for quite some time.  He said that Mitchell Perdue researched the property and that one of the main reasons that he purchased the property was because of the frontage and the opportunity to put a dock complex on the property in a protected bay.

Mr. Provost said that he reviewed the letters from the neighbors and he went back to the site and did some more review.  He said during this review he discovered that the frontage from the tax map and the licensed surveyor had a difference of about 134 feet.  Mr. Provost said that the original tax map shows 486 feet and the licensed surveyor shows 620 feet of frontage.

Mr. Provost said that there is a point on the property that was not calculated on the tax map and was also not shown on the tax map and this is where the difference in lake frontage is found.

Jeff Provost said that as the application is proposed, it does meet all of the Park Commission regulations.  Mr. Provost continued a discussion with the Commission members regarding a packet of pictures that he provided to the members.  They also discussed how the boathouse would be laid out including the height of the structure and maximum number of boats that would be located there.

Laura Bibler spoke against the project.  She said that she is a neighbor that lives across the bay.  Laura Bibler read from a letter that she had sent to the Park Commission office in opposition to the Perdue project.  In her letter she states that her concerns have not changed since the last meeting and that Mr. Perdue’s revised application does not address the major concerns such as, the environmental quality of this small bay and that the facility, as proposed, would create unreasonable and unacceptable navigational, environmental, visual, audible, and health and safety impacts in the small bay.

Laura Bibler said that “the boathouse has been reduced by two feet in width and according to Mr. Perdue’s calculations the combined square footage has only been reduced by 368 feet.  That is a far cry from the 50% reduction that the Commissioners suggested during their Project Review on February 28th”.

Laura Bibler said that she and her family are concerned that Mr. Perdue will consume all of the boat space that is available in the bay.  She said that she still has not heard of anything that states the proposed use of the dock.  She said that it is a lot of dock space for one person.

Laura Bibler asked that the Commission formally note on Mitchell Perdue’s application where the rock is located if he is going to pursue moving the rock.

Thomas Hall asked Laura Bibler about the dock structure that she owns on her portion of the bay.

Cappy Dillingham spoke against the project.  She said that her comments are the same as at the last meeting.  She said that she wanted to emphasize her concerns about congestion in the bay.  She said that she doesn’t know that there is a picture of the whole bay so that the Commissioners can see what goes on in the bay during the summer months when all of the docks and the swimmers are out.  She asked the Commissioners to visualize the bay in July.

Jeff Provost asked Chairman Young if he could speak again.  He said that the dock is totally residential use and he said that the rock is not in Mitchell Perdue’s way but they offered to move the dock so that it would make navigation easier for everyone else in the bay.

Application for Wharf Modification submitted by David & Nancy Mc Carey, Town of Ticonderoga, County of Essex # 1548-1-06 & 1548-2-06

Molly Gallagher introduced the project.  She said that the property is located in Ticonderoga, just south of Mossy Point.  She said they are looking to construct a U shaped dock with an open sided peak roof boat cover.

Molly Gallagher said that there have been a number of responses sent back in opposition of the project.  She said that she and several Commission members visited the site and she passed around information on the work that was done at the site and she explained the areas where she reviewed the site.

Sarge Condit, agent for the Mc Carey’s, said that he submitted the first proposal in February which was for the covered dock structure to be 24 feet wide and 52 feet long.  He said after the first submission and the neighbor’s comments they took another look at the design and made some changes.  He said that they shortened the dock and narrowed the width of the covered roof structure which allowed them to drop the roof pitch and were able to lower the entire structure.

Mr. Condit spoke of the variations of the mean low water mark findings.  He said that he found a different mean low water mark than the Commissioners which he attributes to a shelf in the lake and a dip that is close to the south near the existing dock.  He said that on the north side there is a dip that shelves back up and doesn’t drop off until about 5 to 7 feet from the north side of the existing dock which is where the measurements were taken.

Mr. Condit said that one of the reasons the Mc Carey’s purchased this property was because of the waterfront and land size.  He said that they anticipated that they would be able to have an enclosed boat house but finding that this doesn’t fit well with the neighborhood or the Commission’s feelings they have proposed a boat house that is covered but open sided.

Chairman Young asked if anyone had any questions for Sarge Condit or if anyone wanted to speak for or against the project.

Bob Cella spoke against the project.  He said that he does not want to see any structure there, if any structure is there it will block his view. (Mr. Cella passed pictures around to the Commission members to show them the view that he would lose if a structure is built).

Mr. Cella said that if the structure is allowed to be built it will devalue his property and that of his neighbors and it would also devalue marketability of the property.

Mr. Cella said that the Mc Carey’s are building a huge garage that can hold 4 boats.  He said that a boat launch is only a block away so this boathouse isn’t necessary.

Andrea Birkenstock said that she lives two doors north of Mr. Mc Carey.  She said that Mr. Mc Carey knew that the property was shallow when he purchased it because she had discussed that with him.  Ms. Birkenstock said that her property is shallow and she owns a 32 foot Baja and has no problem getting in and out.

Ms. Birkenstock said that she loves the lake and has been coming to Lake George for 16 years.  She said that she would not want to see another boat house go up in the area.

James Laundree spoke in opposition to the project.  He said that he lives 3 camps down from Mr. Mc Carey.  He said that he doesn’t know why Mr. Mc Carey wants to build a boathouse so large and is wondering why he wants to go out so far on the lake.  He said that if the boathouse is placed as far out on the lake as proposed then it will destroy his view and that of his neighbors.

Mr. Laundree said that his objections to this boathouse is that he will lose his property value and his view of the lake if it is approved.

Application for Seaplane Berthing submitted by Vincent Andretta, Jr., Town of Queensbury, County of Warren # 5234-4-06 

Molly Gallagher introduced the project.  She said that Vincent Andretta, Jr. Submitted an application to berth a seaplane and that the Commission has not seen an application to berth a new seaplane on Lake George since the regulations went into effect besides a couple that are already established on the lake.  

Molly Gallagher said that Mr. Andretta would like to berth his seaplane in a small bay within Warner Bay.  She said that she has some pictures that she took during the site inspection and a picture that was submitted with the application.

Chairman Young asked if there was anyone present to speak on the application.

Mr. Andretta said that the application is very straight forward.  He said that he and his son both co-own a Cessna 182 Skyline aircraft which is a single engine aircraft and they have thought a lot about purchasing floats for the plane and putting it on the lake.  He said that he just recently purchased the property next door which has afforded them the opportunity to berth the plane in a small cove which is a very good protected area.

Mr. Andretta said that he then found out that he had to obtain a permit from the Lake George Park Commission to berth the seaplane.  He said that he lives in Kingston so that he probably wouldn’t use it any more than 6 to 8 times a year.  He said that the floats would have wheels on them so that he could land the plane at the Warren County Airport or the airport in Kingston.

Mr. Andretta said that he would not land in the bay but would rather land in Kattskill Bay and taxi the plane into the bay.  He said that he would only do this when the traffic wasn’t heavy either around 8 a.m. or sometime before sundown.

James Kneeshaw asked Mr. Andretta if he owned both boathouses and he also asked about the wingspan of the plane.

Mr. Andretta said that the wingspan of the plane is 35 feet and that when he is landing and berthing the plane he needs to have someone on shore to provide assistance.  He said that this is one of the reasons that he would not use it very often because he would need other people there to help dock it.

Thomas Hall asked Mr. Andretta what the visibility out to the lake is while taxiing a plane that size, he asked if it is safe to say that there is about 1 mile of visibility.

Mr. Andretta said that it could be that far but it depends on wind direction, wind speed, lake chop, and lake traffic.  He said that he would absolutely be able to see small boats and people in the lake.  He said that he has flown aircraft that when it sits on the runway the nose is so high that you have to zig zag to see what is in front of you but with this plane you have a clear view directly in front of you.

John Pettica asked how powerful of a plane this would be on the lake.

Chairman Young asked if there was anyone present to comment on this application.

John Augstell said that he is in the neighborhood where Mr. Andretta would like to berth his plane.  He said that he did submit comments to the Park Commission that had to do with the fact that he has safety concerns with a plane landing and taking off in the bay.  He said that Warner Bay and Kattskill Bay have very heavy boat traffic on the weekends and he can’t imagine a plane landing and taking off in that area.

John Pettica asked Mr. Andretta to comment on the safety concerns that Mr. Augstell has mentioned.

Mr. Andretta said that he cares about his safety just as much as he cares about the safety of anyone on the lake and he certainly will not land or take the plane off on a busy weekend when there are boats all over.  He said that Mr. Augstell is absolutely correct when he says that there is heavy boat traffic on the weekends.

Mr. Andretta said that he would pick times when boat traffic is at an absolute minimum because he cares about the safety of others as much as the safety of himself.

Chairman Young said that there is a much bigger Commission called the FAA that controls when he is going to land on the lake.

Item #4 - Fiscal Actions Report: Peggy Stevens
 
Chairman Young said that the February and March Fiscal Actions Report was distributed with the meeting package to all of the members.  Everyone should have received a copy, he said.  He asked if there were any questions on the report.  There were none.

On the motion of Thomas Conerty, seconded by John McDonald, all members present voting affirmatively, the February and March Fiscal Actions Reports were approved as submitted.

Resolution 2006-23 — Authorizing Expenditure — Sandy Bay Anchorage Area

Michael White said that the Sandy Bay anchorage area is now about 15 years old.  He said that the Lake George Park Commission maintains this area and there were originally 55 buoys, chains and anchors that are in need of a good overhaul.
           
Thomas Conerty read and moved to approve Resolution 2006-23 which was seconded by Joan Robertson and all Commission members present voted affirmatively to approve the resolution.

WHEREAS    the Commission administers 6 NYCRR 646-2, Special Recreation Regulations for Lake George which establishes, among other requirements, limits and facilities for anchoring in Sandy Bay, and

WHEREAS    the Commission administers a system of special moorings in Sandy Bay which is in need of maintenance and repair, and

WHEREAS    the Commission wants to restore the Sandy Bay mooring system necessitating the purchase of additional mooring buoys, hardware, chains and contractual services to raise, drill and reposition the anchor blocks, and

WHEREAS    the Commission proposes to undertake the work on a time and material basis and has reviewed a proposal for contractual services by the Dock Doctors.

NOW THEREFORE BE IT RESOLVED that the Commission allocates $14,000, $11,000 in estimated expenses and $3,000 contingency for goods and services associated with the restoration of the Sandy Bay Special Anchorage Area.

AND BE IT FURTHER RESOLVED that the Executive Director is authorized to issue purchase orders to the Dock Doctors and Rolyan Buoy Company and to expend part or all of the allocation for the purposes set forth here in.
           
Resolution 2006-24 — Authorizing Expenditure — Eurasian Watermilfoil Management Program 2006

Michael White said that in November of 2005 the Commission authorized renewal of the contract with Lycott Environmental, Inc. for an additional two years which is now at the Comptroller’s office awaiting approval. 

Michael White said that this contract provides an option for the Commission to elect an additional six, seven, eight, or nine weeks of service for an additional cost.  He said that we are under the required under the contract to notify Lycott of our election by May 15, 2006.

Mr. White said that there is some uncertainty at this point as to what may be coming in the way of additional grants, if any that may help our program.
 
Thomas Conerty read and moved to approve Resolution 2006-24 which was seconded by John McDonald and all Commission members present voted affirmatively to approve the resolution.

WHEREAS    the Commission has entered into an agreement with Lycott Environmental, Inc.  regarding the management of Eurasian Watermilfoil for 2006, and

WHEREAS    under the terms of the agreement, the Commission has the option to select a six, seven, eight, or nine week program for 2006 by May 15, 2006, and

WHEREAS    the Commission is awaiting word on the status of certain funding opportunities that might affect the availability of funds, and

WHEREAS    the Commission generally wants to maximize the amount of milfoil control completed, mindful of the Commission’s budget constraints.

NOW THEREFORE BE IT RESOLVED that the Commission authorizes the Chair to decide on the amount of milfoil control work, i.e., six, seven, eight, or nine week option for 2006 and to report back to the Commission on the decision and the result of funding initiatives.

Resolution 2006-25 — Adirondack 2-Way Radio — Maintenance Agreement

Thomas Conerty read and moved to approve resolution 2006-25 which was seconded by James Kneeshaw and all Commission members present voted affirmatively to approve the resolution.

WHEREAS    the Lake George Park Commission maintains an eight (8) vessel Marine Patrol force charged with ensuring the safety of the public as they use the waters of Lake George, and

WHEREAS    each marine vessel is equipped with a multi-channel law enforcement radio which enables officers to communicate with each other, the Commission office, other police and fire agencies and the Warren County Sheriff’s dispatcher, and

WHEREAS    the Patrol is required to respond in all conditions to calls for assistance including storms, fog and in darkness and that adequate radio communication is imperative for officer and public safety, and

WHEREAS    it is essential that the marine patrol radios be kept in good working order through a radio maintenance contract.

WHEREAS    the subject maintenance agreement would ensure that all regular maintenance and service activities required on both a scheduled and emerging basis are provided by competent personnel for a single fixed fee, and

WHEREAS    the cost of the agreement represents a savings over charges for service calls which might be expected over the course of a season.

NOW THEREFORE BE IT RESOLVED that the Commission hereby allocates funds in an amount not to exceed $1120.00 for the purchase of a radio maintenance contract with Adirondack 2-Way Radio, Inc. for the period of May 2006 through October 2006, and

FURTHER RESOLVES that the Executive Director is authorized to execute a purchase order for a radio maintenance contract consistent with the findings and requirements of the State Finance Law and Office of Standards and Purchase of the Office of General Services procurement guidelines.
           
Resolution 2006-27 — Cash Management Resolution — Glens Falls National Bank
   
Thomas Hall read and moved to approve Resolution 2006-27 which was seconded by Joan Robertson and all Commission members present voted affirmatively to approve the resolution.

WHEREAS    the Chairman, Bruce E.  Young, is hereby authorized, on behalf of the Lake George Park Commission and in its name to execute and deliver said forms, and to thereby bind the Lake George Park Commission to the Cash Management Agreement and Enrollment Forms (attached), as amended from time to time, for the purpose of enabling representatives of the Lake George Park Commission to obtain account information through the use of one or more passwords, and

WHEREAS    Peggy Stevens is Lake George Park Commission “Administrator” and is hereby authorized to act on the Lake George Park Commission’s behalf in all matters relative to Lake George Park Commission passwords, including but not limited to the right to:

        (i)    establish additional Password ID’s on the Company/Entity’s behalf;
        (ii)    terminate or cancel any or all existing passwords;
        (iii)    change the Company’s/Entity’s account(s) associated with password ID;
        (iv)    change the activity level of an account associated with any password,
        (v)    name additional persons who will have maintenance authority over Company’s/Entity’s/Passwords, or terminate the authority of any person with maintenance authority over Company’s/Entity’s password. 

BE IT FURTHER RESOLVED that  this Resolution shall remain in full force and effect and the authority herein given to all of said persons shall remain irrevocable as far as Bank is concerned until three (3) business days after Bank is notified in writing of the revocation of such authority and that receipt of such notice shall not affect any action taken by Bank prior thereto; and

BE IT FURTHER RESOLVED that this authorization supplements any resolution, signature card or other document currently on file with Bank that limits authority over any specific account or over Company’s/Entity’s accounts with Bank.  This authorization shall remain in force and effect notwithstanding any subsequent change in such specific or general account resolution, signature card or related documentation.  Any notice of a termination or change with respect to the identity of the Primary Administrator or the authority of any person to use passwords must specifically state that it relates to passwords and must specifically describe the termination or change requested.
       
Item #5 - Project Review — Resolutions

Resolution 2006-33 — Acceptance of the Project Review Report

Joan Robertson read and moved to approve Resolution 2006-33 which was seconded by Tom Hall and all Commission members present voted affirmatively to approve the resolution.

Resolution 2006-28 — Patrice Shelkun

Resolution 2006-28 was withdrawn by Mr. Shelkun.  His marina application has been withdrawn and is now strictly residential use.

Resolution 2006-29 — Rose Gage

Chairman Young asked the Commission if they wanted to discuss the Gage application.

Thomas Conerty said that he has no problem with this marina but just had one minor question.  He was wondering if the Gage pump out agreement with Norowal Marina was still in effect.

Roger Phinney responded and said that the marina is still Norowal and it should be fine.

Joan Robertson read and moved to approve Resolution 2006-29 which was seconded by Thomas Morhouse and all Commission members present voted affirmatively to approve the resolution.

WHEREAS    the Lake George Park Commission has reviewed the application, supporting documents, comments received and other information which appears in the record; and

WHEREAS    the Commission has made a determination that the project is an Unlisted action pursuant to the State Environmental Quality Review Act 6NYCRR 617.5 and, as Lead Agency for the purposes of the State Environmental Quality Review Act, has made a determination that the project will have no significant impact on the environment; and
                           
WHEREAS    the action is considered to be a Major project pursuant to 6 NYCRR 645-5.3 and public notice has been published and distributed as required; and

WHEREAS    the applicant has applied for a permit to modify a dock and operate a Class A Marina offering up to 6 berthing spaces; and

WHEREAS    the applicant has demonstrated that the dock modification meets all regulatory limits and that the facility complies with the Class A Marina requirements of 6 NYCRR 646-1.2; and

WHEREAS    the Commission finds that the project will have no adverse impact on the health, safety or welfare of the public, the environment or the resources of the Park; will not alter the essential character of the area in which it is proposed; will not lead to congestion in the Park and will not have an undue visual, cultural or audible impact on the neighborhood or the Park.

NOW THEREFORE BE IT RESOLVED
        The Lake George Park Commission hereby resolves to approve the above application, with the following conditions:

        No more than five vessels shall be kept on the dock at this facility.

        The existing mooring that has been removed shall not be replaced.

Resolution 2006- 30 — Mitchell Perdue

The Commissioners had a discussion regarding this application and went around the table and stated the issues they have with this application, if any.

Thomas Conerty said that he has an issue with the navigation in the bay and he said that it is very windy there.

James Kneeshaw said that times are changing and people need to realize that but he said that he has sympathy for the others involved.

Thomas Morhouse said that he believes that this is still too large a project and it should be scaled back.  He also said that there are too many boat slips for the area, it is congested and there are so many rocks, docks and islands.  He believes that it is very unsafe.

Shauna DeSantis said that she concurs with Thomas Morhouse and added that it would be a huge visual impact if approved.

John Pettica said that he is for the project but only without the boathouse.

Roger Phinney said that he has no problems with the dock but he does have a problem with the congestion in the area.  He said that he doesn’t have an issue with the boathouse unless there are visual impacts.

John McDonald asked about the whip lines and moorings.  He suggested that the number of boats be limited.  Possibly no more than three.  He said that he is still wondering if the boathouse will maintain the integrity of the area.

Thomas Hall said that safety, congestion and character of the area are all concerns for him regarding this project.  He said that the boathouse is not problematic, perhaps bigger than he would like to see it but the height has been reduced to the minimum that could be constructed there.

Thomas Hall said that he is suggesting that the applicant take a good, hard look at the total dock structure and possibly change it to an E shaped structure.

Joan Robertson said that she believes this dock structure should be changed to an E shaped dock and be placed as far north as is functional.  She said that she is not sure about moving the rock and she doesn’t see the boathouse as a problem.

Chairman Young said that at first glance he thought that the boathouse was going to be a visual obstruction but does not believe that to be the case.  He said that he agrees with the comments that Joan Robertson had made.

Thomas Hall said that the advantage of an E shaped dock does not preclude the option of coming back to modify the structure if it proves that the bay can accommodate it in terms of safety and maneuverability.

The Commissioners continued to discuss the project regarding where Mr. Perdue will dock his boats and what areas of the dock will be functional.

Joan Robertson said that she thinks the congestion can be relieved by moving the dock northward.  She asked Mr. Provost to examine the possibility of moving the whole complex but only so far as is practical.  Mr. Provost agreed and said that he would go back in the water and take all of the depths to determine where the best spot would be to place the complex.

Chairman Young suggested that Mr. Perdue wait until next month for a decision.  On confirmation of that decision Joan Robertson moved to table the application until the May 23, 2006 meeting.  The resolution was seconded by Thomas Hall and all Commission members present voted affirmatively to accept the resolution.

WHEREAS    the Project Review Committee has reviewed the application, supporting documents, comments received and other information which appears in the record; and

WHEREAS    the applicant has requested that the application be tabled to allow an opportunity to provide additional information or revised plans;

Therefore, The Lake George Park Commission hereby resolves to table this application until the April meeting.

Resolution 2006- 31 — David & Nancy Mc Carey

Joan Robertson said that Molly Gallagher has done a lot of work on this project.  She said that Molly and Thomas Morhouse both put on their waders and checked the water depth because they did find a different mean low than what was shown on the plans.

Molly Gallagher said that at this time she does not have any plans that are approvable.  She said that a discussion should still continue because the real concern is the boathouse and the impact.

Chairman Young said that the application before us does not meet the limits.

Molly said that the project should be discussed so that we can let them know how we would want them to modify their plans.

Joan Robertson spoke about some of the letters that were received from the neighbors in regard to the boathouse.  She said that the boathouse that is proposed is open sided but the loss of view could be minimized by moving the dock into the little cove.

Joan Robertson said that no matter what the boathouse will look like or where it will be located it is going to affect someone’s view shed.

Thomas Morhouse explained how he placed the stakes in the water.  He said that he placed the stakes 40 feet from the property line and then he placed another stake at 47 feet along the shore.  He said that he also took pictures of views from three different homes and they extended the lines visually to try to determine what views would be blocked.

Thomas Hall spoke about the possibility of moving the boathouse into the cove.  He said that based on the worksheets that he is looking at if the structure was to be moved into the bay a bit more than the lines of sight would be much improved.  He said that the structure be moved accordingly so that the visual impact is minimized.

The Commissioners continued to discuss the project regarding the area where the project is located which included the boat traffic and the characteristic of the area.

Sarge Condit said that he and the applicant are both unaware that they have something before the Commission that is unapprovable.

Molly Gallagher spoke about the revised drawing that she designed which is not included in the application that is before the Commission.

Bruce Young let Sarge Condit know that at this time the drawing he submitted with the application is unapprovable and as proposed would require a variance.  He said that the drawing Molly revised is not included with the application.

Chairman Young recommended tabling the application until the next meeting on May 23, 2006.  He said that Sarge should submit a new drawing with the correct figures.  He asked Mr. Condit if he would like to have the application tabled and he could come in the office and work with Molly to make sure everything is in order, taking into consideration the thoughts of his neighbors.

Chairman Young asked what type of modifications should be made to the application so that Mr. Condit has some type of guidelines to follow.

Shauna DeSantis said that she would like to see a dock with no roof that would be keeping in character with the area. 

Thomas Morhouse said that he agrees with Shauna DeSantis.  He said he would be okay with just a dock but no other structure.

James Kneeshaw said that he concurs with Shauna DeSantis and Thomas Morhouse.

Thomas Conerty said that he also agrees.

John Pettica said that he agrees with the visual comments that have been stated but it is not fitting with the area.

Roger Phinney said that he agrees with everyone’s comments on the boathouse but bringing it back into the dimensions or the locations that Molly suggested will make it so that the boathouse will not stick out anymore than the boathouse down the shore a little way.

Mr. Phinney also mentioned the possibility of minimizing the peak on the boathouse.  He said that it would be hard to make a decision without seeing what it will look like and where it will be located.

John McDonald said that he is not sure that a guarantee could be made that there would be no visual impact.  He also spoke of boat traffic on the lake and doesn’t know if this boathouse would be keeping in the character of the lake.

Thomas Hall said that he is going to go so far as to recommend that the applicant provide a simulation of the boathouse relocated so that they could see what the impact would be.  He suggested a 3 dimensional simulation be submitted to the Commission members.

Joan Robertson said that the shoreline is quite irregular and she feels that the visual impacts will be different for each person involved.  She said that the least amount of structure would be best.

Sarge Condit thanked the Commission for their input and said that he now has a sense in what direction to go.

Joan Robertson moved to table the application which was seconded by Thomas Hall and all Commission members present accepted the resolution.

Resolution 2006-32 — Vincent Andretta, Jr.

Thomas Conerty said that the only complaints that he has heard are congestion and safety and he would rather deal with a trained pilot rather than all of the boaters on the lake.

John McDonald asked about the size of the plane and asked if the permit would be specific to the airplane.

Chairman Young said that the permit is specific to the type of aircraft.  He said that Mr. Andretta couldn’t go out and get a larger plane and berth it on the lake.

Martin Auffredou let the Commission members know that they still have to go through the 646-1.6 analysis for review on this application.  He said that this is the same analysis that has to be done for docks and boathouses and it applies equally to seaplanes.

Roger Phinney asked what the decibel levels are when he starts the engine up.

Chairman Young stated that when he is taxiing out it is not very loud but when he takes off it will be quite loud.

Joan Robertson made the comment that sound travels over water tremendously.

A discussion continued among the Commission members regarding time limitations, visibility while taxiing a plane and taking off or landing.

Chairman Young said that the only authority that the Park Commission has is if he can berth and taxi the seaplane to a certain location on the lake.  He said that the FAA has the authority to say where he can land.

Thomas Morhouse said that he has many safety and noise concerns.

Martin Auffredou said that the Commission is required to look at the proposed use which is to land the seaplane, take off from Lake George and berth the seaplane in a designated area.  He said that the Commission must take into consideration congestion, overcrowding, safety hazards or impair water quality or other environmental resources of the Park. 

Molly Gallagher showed the Commission members the area where she sent out comment letters relating to the Andretta application.

Lieutenant Schneider was asked to give his opinion.

Lieutenant Schneider said that the Park Commission would require that a user fee decal be placed on his seaplane.  He said that he has not seen the application but it is a congested area but he thinks that at certain times he thinks it would be okay for him to take off and land his plane.

The Commission members had a discussion regarding the decibel levels of seaplanes. 

Thomas Morhouse said that the decibel levels of the planes are usually put out by the manufacturer.

Joan Robertson said that we have 24 letters stating that this is something they do not want to see in the bay.

Thomas Hall asked Mr. Andretta if he has landed his plane on Lake George and suggested the possibility of issuing a permit for a temporary period of time.

Lt. Schneider said that from his experience the boaters on the lake are more of a safety hazard to the plane than the plane is to boaters because when people see that a plane is going to land they crowd around and want too watch the plane land.

Shauna DeSantis said that she has safety concerns bringing a seaplane into Warner Bay.

Secretary’s Note: The application before the Commission for approval is printed here but was not read aloud.

WHEREAS    the applicant has applied for a permit to berth a seaplane at a residence pursuant to 646-1.4(b); and

WHEREAS    the Lake George Park Commission has reviewed the application, supporting documents, comments received and other information which appears in the record; and

WHEREAS    the Commission has made a determination that the project is an Unlisted action pursuant to the State Environmental Quality Review Act 6NYCRR 617.5 and, as Lead Agency for the purposes of the State Environmental Quality Review Act, has not yet made a determination of significance; and
                           
WHEREAS    the action is considered to be a Major project pursuant to 6 NYCRR 645-5.3 and public notice has been published and distributed as required; and

WHEREAS    the applicant has demonstrated that the facility complies with the requirements of 6 NYCRR 646-1.5; and

WHEREAS    the Commission finds that the project will have no adverse impact on the health, safety or welfare of the public, the environment or the resources of the Park; will not alter the essential character of the area in which it is proposed; will not lead to congestion in the Park and will not have an undue visual, cultural or audible impact on the neighborhood or the Park.

NOW THEREFORE BE IT RESOLVED
        The Lake George Park Commission hereby directs staff to prepare a Negative Declaration under the State Environmental Quality Review Act; and

FURTHER    resolves to approve the above application.

Chairman Young took a roll call vote regarding the application to grant a berthing space for a seaplane on Lake George.

Ayes: B. Young, T. Conerty, J. Kneeshaw, J. Pettica, R. Phinney, J. McDonald
Nays: T. Morhouse, S. DeSantis, T. Hall, J. Robertson
Abstentions: None
 
Item #6 - Law Enforcement Committee Report: Thomas K. Conerty

Chairman Young said that there was an enforcement meeting and he called upon Lt. Schneider to give the report.

Lt.  Schneider discussed the fact that the radio repeater is working.  He said they also discussed navigation school that will take place from May 8th to May 12th at the Georgian Hotel.  The discussion also included the Queens Boat Race and patrol activities.

Lt.  Schneider said that they did have an executive session where they spoke about on-going, active enforcement cases.

Resolution 2006-26 — Law Enforcement Report

Thomas Conerty read and moved to approve Resolution 2006-16 which was seconded by John McDonald and all Commission members present voted affirmatively to approve the resolution.

WHEREAS    the Law Enforcement Committee met April 25, 2006 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.
 
Item # 7 - Presentation on Draft Report — Assessment of Water- Based Recreation, Trends and Impacts: Timothy Holmes, Holmes and Associates

Timothy Holmes from Holmes and Associates said that he has been working on the draft report with the Cornell Human Dimensions Unit.  He said that it has been just about a whole year since he last stood before the Commission with draft questionnaires. He said that he is moving into Phase 4 of the study plan.

He said that during the year he conducted a lot of research, designed the questionnaires and did a lot of field work.  He said that he has spent the last few months analyzing, evaluating and reporting on the data they found.
Mr. Holmes proceeded to hand out a preliminary draft report for the Commission members and staff.  He said that he hopes to have feedback in the next seven to ten days.  He said that if there are any questions or any errors found let Mike White know.

He said that he should have the final draft report completed by May 10, 2006 and then he hopes to get some feedback.

Mr. Holmes said that the next stakeholder meeting will be held on May 25, 2006 at 1 p.m. at the Fort William Henry.  He said that the meeting will be facilitated and anyone interested is welcome to attend.

Timothy Holmes said that there are about 36 separate actions identified in the plan that need to be done.  He said that there needs to be some more public outreach to do with pollution, overcrowding and nuisance aquatic species because the tourists don’t seem to see these things as a problem like the locals do.

Mr. Holmes said that the next steps to take will be the final draft plan which will go out to the full public audience in the summer and he will coordinate some more meetings for the public, lake groups and different individuals that are involved.  He said he will release the final report in the fall and again have another public meeting.  He said this is what he meant by Phase 4 which is a public participation activity that is lengthy because it lasts until fall but it is not intensive.

Mr. Holmes said that during the summer months he will be attending meetings and giving presentations to get some feedback.

Michael White said that the schedule for release of the report was now over due but that due to delays, the members have not had long to review it.  He recommended releasing the report with caveat that the representations found in the draft report are not that of the Lake George Park Commission.  He said these are the conclusions of the authors and the Lake George Park Commission has made no findings in regard to the recommendations.

Shauna DeSantis read and moved to approve Resolution 2006-21 which was seconded by Joan Robertson and all Commission members present voted affirmatively to approve the resolution.

WHEREAS    the Lake George Park Commission has reviewed a draft report on Assessment of Water-based Recreation, Trends and Economic Impacts prepared by Cornell University, Human Dimensions Unit and Holmes & Associates, and

WHEREAS    the Commission wants to provide for wide distribution of notice of the draft report and ample opportunity for public comment and debate, and

WHEREAS    the Commission has determined the report to be complete in so far as necessary to begin public review and comment on the draft report, and

WHEREAS    the draft report represents the results of a survey and the recommendations of the authors.  The Commission wants to collect comments on these from stakeholder groups and the public before considering any of the recommended actions in the draft, and

NOW THEREFORE BE IT RESOLVED that the Commission authorizes release of the draft report for public comment until September 15, 2006, and

BE IT FURTHER RESOLVED that the Commission directs that notice of the report be sent to each person in the Commission’s database of names and addresses - approximately 10,000 residents and boaters and such other nature and distribution as can be practically made.  

Item # 8 - Designation of Lead Agency — Watershed Protection Program Governing Tree Cutting & Stream Corridor Protection: Michael P. White

Michael White said that the Commission allocated some resources in August of 2005 and in December put out an RFP and in January selected the Saratoga Associates to prepare a Program Plan and Environmental Impact Statement (EIS) Governing Tree Cutting and Stream Corridor Regulations pursuant to the Commission’s enabling legislation Article 43.  He said that this is really a procedural step where the Commission formally assumes the role of Lead Agency under the State Environmental Quality Review Act (SEQRA) and will then oversee Saratoga Associates in the preparation of the EIS and plan that are really companion documents governing these programs.

Thomas Conerty read and moved to approve Resolution 2006-34 which was seconded by James Kneeshaw and all Commission members present voted affirmatively to approve the resolution. 

Item # 9 - Water Quality Programs Report: J. Thomas Wardell

Mr. Wardell said that stormwater applications are picking up along with enforcement actions.  He said that he has sent more notices of conditions of erosion of late.  These are notices that construction has resulted in a condition where erosion can wash into a water body.  In these cases he gives them a reasonable amount of time to redress the situation.

Mr. Wardell said that his case load is much heavier than it has ever been and he relates this to all of the rainfall that we received in June and February when there were a lot of washouts.

Mr. Wardell also spoke about the Forest Bay Stream Bank restoration project.  He said that he had a meeting scheduled but had to cancel and it is being rescheduled.  He also spoke about runoff issues in Washington County, the Westbrook Watershed project and Million Dollar Beach parking lot upgrade.
  
Lake Level

Mr. Wardell said that the lake level at Rogers Rock is 3.88.

Item #10 - Invasive Species Prevention Program Update: Andrea Maranville

Andrea Maranville said that she sent a packet to the Commission members which everyone should have received. She said that the Commission is rolling out the new educational material to the participating businesses and decal vendors around the lake.  Andrea said that the participating businesses and decal vendors seem to be very receptive to the new material and are very happy to have received it.

Andrea Maranville said that she and Roger will be going to Mossy Point to update the kiosk that is located there.


Item #11 -  Public Comments

Lake George Association

Kathy Bozony from the Lake George Association said that she had two questions for the Commission.  She asked Lieutenant Schneider if the law enforcement boats that were going into the water were going to be washed before they go into the lake.

Lieutenant Schneider said that all of the boats will be washed and he said that they have been out of service for the winter.

Kathy Bozony also asked about the boat washing stations.  She said that many people in the Adirondacks think that Lake George has these boat washing stations and that we should pursue it this summer.

Chairman Young responded and said that we have been trying to help get the boating stations up and running.

Lake George Watershed Conference

Dave Decker said that he met with Dan Belden to start a process to look at the projects and initiatives to include for state funding that is due at the end of May.  He said that the results of the meeting will be distributed to all of the conference members and the Chairman is looking for a meeting for the 10th or the 17th of May for the full conference to take a look at that review. 

Mr. Decker said that if the Commission is looking for a good forum to get the Draft Recreational Study Plan out this would be a good meeting to attend.

Dave Decker spoke about the boat washing stations.  He said that the first is scheduled to open up on the 16th of May at Norowal Marina and the second is scheduled to open up on the 18th of May at the Mossy Point boat launch and the third will open up in Huletts Landing.

Mr. Decker said that the crews at the boat washing stations will have both a cell phone and a navigational radio.  He said that they will have questionnaires in hand and will determine which boats are in need of washing.  He also said that the boat washing station is not mandatory.

The FUND for Lake George

Carol Collins said that she is officially rolling out the Upland Protection Manuals to all of the towns and municipalities.  She proceeded to hand out manuals to the Commission members.  She asked that the Commission members and staff review the manuals and add any additional information that may be pertinent to the program.

Carol Collins said that the Lake George Park Commission staff need to be more attentive to the applications that are being submitted.

Lake George Waterkeeper

Christopher Navitsky spoke about the lack of stormwater management being conducted at the Town of Lake George.  He said that the Town of Lake George is approving plans that do not meet the regulations.  He also said that the Town of Lake George does not have an engineer to go over the plans and deem them to be accurate or in compliance.

Mr. Navitsky referred to some washouts that have occurred in the area, including Lake George, Bolton Landing and Queensbury.

Item #12 - Adjournment to Executive Session to Discuss Personnel Matter — Upgrade of Conservation Operations Supervisor Position: Michael P. White 

Bruce Young said that the Commission is going to adjourn to executive session which ends the public portion of the meeting.

Martin Auffredou said that the Commission will need a motion for executive session to discuss the employment history, employment performance, and employment of an unidentified person.

Shauna DeSantis made a motion to adjourn to executive session for that purpose.  The motion was seconded by Thomas Conerty, all Commission members present voting affirmatively to adjourn to executive session.

While in executive session the members discussed a personnel issue of an unnamed individual.

Shauna DeSantis made a motion to adjourn back to public session which was seconded by Thomas Conerty and all Commission members present accepted to adjourn back to the public portion of the meeting.

Michael White read resolution 2006-22 which was moved by Thomas Conerty and seconded by Joan Robertson and all Commission members present voted affirmatively to approve the resolution. 

WHEREAS    the Commission has received and reviewed an employee request for reclassification of the position title of Conservation Operations Supervisor 1 to Conservation Operations Supervisor 2 (COS 2), and

WHEREAS    the Commission has reviewed a duty statement of the current tasks and duties of the position, and

WHEREAS    the Commission has determined that the COS 2 title more closely corresponds to the current tasks and duties of the position.

NOW THEREFORE BE IT RESOLVED that the Commission approves the position upgrade request and authorizes the Executive Director to submit it as an agency requested position reclassification to the Department of Civil Service, and

BE IT FURTHER RESOLVED that the Executive Director is authorized to appoint incumbent, Roger Smith, to the position in the event it is approved by the Department of Civil Service.








There being no further business, on the motion of Joan Robertson, seconded by
Roger Phinney, all Commission members present voting affirmatively, the meeting
was adjourned.
               
                        Respectfully submitted,



                        Michelle D. Way
                        Keyboard Specialist 1


Secretary’s Note:    The next Commission meeting is scheduled for TUESDAY, May 23, 2006, 10:00 a.m. at the Bolton Town Center, Lakeshore Drive, Bolton Landing, NY.