Lake George Park Commission

Meeting #374

21 April 2009

Fort William Henry

Lake George, NY


PRESIDING: Bruce E. Young, Chair

COMMISSION MEMBERS PRESENT: James T. Kneeshaw

Thomas J. Morhouse

Kenneth W. Parker

Thomas W. Hall

David G. Floyd

Joe Stanek

John A. Pettica

COMMISSION MEMBERS ABSENT: John C. McDonald

Thomas K. Conerty

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

Thomas J. Caifa, Director of Law Enforcement

COMMISSION COUNSEL PRESENT: Martin Auffredou

OTHERS PRESENT:

Peter Bauer Chris Navitsky Peter Leyh Janie Green

George Greene Tony Hall Mary Alice Leary J.T. Moran

John Kearney Walt Lender Lina Klami Rod Klami

 

ITEM #1 - INTRODUCTIONS, ROLL CALL, MINUTES OF PREVIOUS MEETING: BRUCE E. YOUNG

The 374th meeting of the Lake George Park Commission was called to order by Chairman Young at

10:15 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 one minor name correction, Thomas Morhouse made a motion to approve, seconded by

Kenneth Parker, the minutes of the previous meeting were approved with the noted change.

ITEM #2 — REPORT OF NOMINATING COMMITTEE AND ELECTION OF OFFICERS: THOMAS W. HALL

Thomas Hall said that himself and the other members of the Nominating Committee met to discuss

the nominations and they are prepared to offer a resolution for the following:

Chairman: Bruce E. Young

Vice-Chairman: Thomas K. Conerty

Secretary/Treasurer: John A. Pettica

On a motion by Thomas Hall, seconded by James Kneeshaw the Nominating Committee submitted

the names for election as the officers of the Commission.

The vote on the resolution was unanimous and all members present voted affirmatively to approve the

resolution with all members present voting affirmatively.

ITEM #3 — FISCAL ACTIONS REPORT FOR JANUARY 2009: PEGGY STEVENS

Chairman Young said that the Fiscal Actions Report for February and March 2009 have 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 Kenneth Parker, Seconded by Thomas Morhouse, all members present voting

affirmatively, the February and March 2009 Fiscal Actions Reports were approved as submitted.

Resolution 2009-17 — Approval of Engineering Services

Michael White said that the Commission administers a Stormwater Management Program that

requires review of stormwater control reports and project plans.

Mr. White spoke about the need for the Commission to hire an Engineer for the review of plans,

preparation of technical comments and the drafting of recommendations on permit decisions.

John Pettica read and moved to approve Resolution 2009-17 which was seconded by James

Kneeshaw, all members present voting affirmatively.

WHEREAS the Commission administers a stormwater management program that requires, under certain circumstances,

review of stormwater control reports and project plans prepared by a licensed professional engineer, and

WHEREAS the Commission requires engineering services on a regular basis for the review of plans, preparation of

technical comments and the drafting of recommendations on permit decisions, and

WHEREAS the Commission has established certain guidelines for the employment of consulting engineers that are

designed to avoid the appearance of a conflict of interest relative to projects that may come before the

Commission, and

WHEREAS the Commission has evaluated prevailing hourly rates for engineering services

NOW THEREFORE BE IT RESOLVED that the Commission authorizes the Executive Director to issue a purchase order for

consulting services of James Ralston, P.E. for the amount of $15,000 to cover a term of April 2009 through March 2010

subject to the attached conditions.

ITEM #4 — PROJECT REVIEW — PUBLIC COMMENTS ON PENDING APPLICATIONS AND PROJECT REVIEW

RESOLUTIONS: MOLLY GALLAGHER

THERE ARE CURRENTLY NO PROJECTS PENDING BEFORE THE COMMISSION.

Resolution 2009-14 — Project Review Actions Report

Thomas Morhouse read and moved to approve Resolution 2009-14 which was seconded by Joe

Stanek, all members present voting affirmatively.

WHEREAS the Commission has received and reviewed the Project Review Actions Report prepared

by staff and dated April 7, 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 #5 — LAW ENFORCEMENT COMMITTEE REPORT: THOMAS K. CONERTY

Chairman Young said that a Law Enforcement Committee meeting was held where they went right into

Executive Session and discussed active law enforcement cases.

John Pettica read and moved to approve Resolution 2009-15 which was seconded by Joe Stanek and

all Commission members present voted affirmatively to approve the resolution.

WHEREAS the Law Enforcement Committee met April 21, 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.

ITEM #6 — STREAM CORRIDOR PROTECTION — EXTENSION OF TIME TO PREPARE AND FILE THE FINAL

ENVIRONMENTAL IMPACT STATEMENT: MICHAEL P. WHITE

Michael White spoke about a provision in SEQR that indicates the amount of time that can be taken in

between the public comment period.

Mr. White said that the Commission is not quite ready to consider adopting an Environmental Impact

Statement (EIS). He suggested that the Commission push this back one month. He said that the

Commission members would have a copy of the regulations in advance of the May meeting.

Chairman Young said that there were over 300 written comments received, both for and against the

regulations, and over 8 hours of oral comments that need to be taken into consideration. He said that

he wants to make sure that we get this right.

WHEREAS on February 24, 2008 and extending through March 15, 2009, the Lake George Park Commission

(“Commission”) conducted a public hearing and comment period (“public hearing”) on a Draft Generic Environmental Impact

Statement (“DGEIS”) for the adoption of Stream Corridor Protection Regulations for the Lake George Park, and

WHEREAS the public hearing was closed on March 15, 2009, and

WHEREAS the Commission received numerous comments on the DGEIS and is in the process of preparing a summary

and response to those comments which will be incorporated into a Final Environmental Impact Statement (“FEIS”), and

WHEREAS the Commission has determined that additional time is needed to prepare and file the FEIS.

NOW THEREFORE BE IT RESOLVED that pursuant to 6 NYCRR Part 617, Section

617.9 (a)(5)(ii), the Commission hereby extends the time period for the preparation and

filing of the FEIS to May 31, 2009 in order to prepare the FEIS adequately.

Thomas Hall said that this does not end the rule-making process — this is just one more step in the

process. He said that many steps will be taking place throughout the summer months.

Kenneth Parker said that this continues our process in drafting the regulations.

Martin Auffredou, Commission Counsel, said that this is, essentially, ending the SEQRA process. He

said that the next step would be the SAPA process. He added that this does keep us on track.

ITEM #7 — PUBLIC COMMENTS

Chris Navitsky, Lake George Waterkeeper

Chris Navitsky handed out copies and apologized that he was unable to have more available for the

members due to the power outage. He spoke about the review process at the Town of Lake George

(review, enforcement and maintenance issues), issues at the Lake George Forum building and a

lawsuit against Truesdale Hill which he ended up winning.

John Kearney, Year Round Resident — Lake George

John Kearney, a year round resident of the Lake, spoke about the Lake George Park Commission

regulations regarding PWC’s. He asked that the Commission also include snowmobiles, four-wheelers

and ATV’s in the regulations. He said that they should be included in the regulations for several

reasons such as safety issues, noise concerns and pollution of the lake.

A discussion followed among Mr. Kearney and the Commission members regarding the regulations and

the possibility of changing them.

Peter Leyh, Year Round Resident — Putnam Station

Peter Leyh, a year round resident of the Lake, spoke about safety issues concerning lake users who

are not certified to drive a boat. He said that NYS should pass a law to make sure that everyone who

drives a boat has a license. He asked if this was possible to look into as an entity. He said that he

does not know how you would manage or enforce this.

Mr. Kearney asked if he could address this concern. He said that there are currently a couple bills

floating around in Legislation regarding this very concern. He said that the Governor’s office has to

accept this as a “Legislative Issue.”

Janie Green, Year Round Resident — Lake George

Janie Green spoke on behalf of herself and her husband. She asked that the Commission address all

comments and concerns that have been raised on the Stream Corridor Protection initiative.

ITEM #8 — ADJOURNMENT

There being no further business for the regular portion of the Lake George Park Commission meeting,

Joe Stanek made a motion to adjourn which was seconded by James Kneeshaw. The meeting

was adjourned at 10:50 a.m.

Respectfully submitted,

Michelle D. Way

Secretary’s Note: The next Commission meeting is scheduled for Tuesday, May 26, 2009, 10:00

a.m. at the Holiday Inn, Route 9, Canada Street, Lake George, NY.