Lake George Park Commission

Meeting #325

24 August 2004

Ticonderoga Community Center

Ticonderoga, NY


PRESIDING:                Bruce E. Young, Chair


COMMISSION MEMBERS PRESENT:    Margaret M. Stewart
                        Anthony P. Reale
                        John C. McDonald, Jr.
                        Joan A. Robertson
                        Thomas K. Conerty
                        John Pettica, Jr.
                        Shauna M. DeSantis
                        (Erin M. Crotty, DEC Commissioner)
                         Thomas W. Hall, representing


COMMISSION MEMBERS ABSENT:    Roger H. Phinney


COMMISSION COUNSEL:        Martin D. Auffredou

                    
COMMISSION SPECIAL COUNSEL:    Robert Feller


COMMISSION STAFF PRESENT:    Michael P. White, Executive Director
                        Kathleen Ledingham, Secretary II
                        Roger Smith, Conservation Operations Supervisor I    
                        J. Thomas Wardell, Senior Sanitary Engineer
                        Peggy Sturtevant, Principal Account Clerk


DEC STAFF PRESENT:            Ron Montesi


OTHERS PRESENT:
John Salvador                 Chris Navitsky                John T. Brothers
Mike Durkin                    Greg Perschke                Richard Wray
Kenneth Engler                Susan Foster                David Decker
Joseph Napper                Dan Behan                    Laura Albert
Robert C. Dedrick Item #1 - Introductions, Roll Call, Minutes of Meeting

The 325th  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 welcomed and introduced the Honorable Robert Dedrick, Supervisor of the
Town of Ticonderoga and the Honorable Susan Foster, Supervisor of the Town of
Dresden.

Mr. Young said that meeting minutes #324 were distributed in advance of this meeting
to Commission members for their review.  He asked if there were any corrections or
discussion.  

Upon the motion of Joan Robertson, seconded by Maggie Stewart, all Commission
members present voted affirmatively to approve the minutes of Meeting #324 as
submitted.


Item #2 -  Project Review Committee Report:   Margaret M. Stewart

Bruce Young said that there are no projects before the Project Review Committee this
month.

Project Review Report

Maggie Stewart read and moved to approve Resolution 2004-45 which adopts the
Project Review Monthly Report and incorporates it into the full in the minutes of the full
Commission meeting.  The motion was seconded by Joan Robertson and all
Commission members present voted affirmatively.

Item #3 - Fiscal Actions Report

Mr. Young said that the report on fiscal affairs for the month of July 2004 prepared by
Peggy Sturtevant was distributed in advance of the meeting.  He asked if there were
any questions or additions from Commission members.

Upon the motion of Tom Conerty, seconded by Tony Reale, all Commission members
present voting affirmatively, the Fiscal Actions Report for the month of July 2004 was
accepted as submitted.


Item #4 - FY 2003-04 Financial Statement Review – Loftus, Ross & Co.:  
          Michael P. White

Michael White said that he previously sent Commission members a proposal by Loftus,
Ross & Co. to provide the annual review of the Commission’s financial statements and
internal controls for the year ending March 31, 2004.  He said that the activities
proposed by the firm are consistent with the Commission’s internal control program.

Tom Conerty read and moved to approve Resolution 2004-47:

          WHEREAS   the Lake George Park Commission desires to conduct a review of Fiscal Year 2003-2004 financial
          statements, and
 
          WHEREAS   the Commission has reviewed a proposal from the firm of Loftus, Ross + Company, P.C. setting forth the
          scope of services proposed to be provided and schedule of charges.

NOW THEREFORE BE IT RESOLVED
                    that the Lake George Park Commission authorizes the Executive Director to retain Loftus, Ross + Company,
          P.C. to perform a review of financial statements and review of internal controls in accordance with the
          attached engagement letter for an amount not to exceed $3,450.

The motion was seconded by Joan Robertson and all Commission Members present
voted unanimously to approve Resolution 2004--47.


Item #5 - Code of Ethics for Commission Members:  Martin D. Auffredou           

Martin Auffredou said that he has been working with staff on a Code of Ethics
specifically designed for the Commission.  He said that a Code of Ethics is required by
the New York State Ethics Commission governing members in accordance with the
provisions of the Public Officers Law.  

Mr. Auffredou said that a draft Code of Ethics was circulated to members a few months
ago and that the draft has undergone some revisions.  He said that the final form
addresses conflicts of interest,  prohibited activities, disclosure/filing requirements and
outside business/employment or financial interest.  He said that the code is designed as
guideposts.  He recommended that the Commission adopt the Code of Ethics today.

Bruce Young said that he thought that the only point of contention on the earlier draft
was when Commission members should recuse themselves.

Joan Robertson said that the rewording of the final draft is excellent.  She said that the
draft was very well done.

Tom Conerty said that he also thought the Code of Ethics was well done.  He read and
moved to approve Resolution 2004-48 which was seconded by John McDonald, all
Commission members present voting affirmatively.

          WHEREAS   the Ethics in Government Act in 1987 was passed and signed into law to restore the public’s trust and
          confidence in government through the prevention of corruption, favoritism, undue influence and abuses of
          official position, and
 
          WHEREAS   as part of the Act, the ethics law was amended to establish standards of conduct for state officers and
          employees, as well as certain political party chairs, and

          WHEREAS   the governing provisions are set forth in §73 and §74 of the Public Officers Law,  and 19 NYCRR 932 entitled
          Outside Activities, and

          WHEREAS   certain provisions of §73 and §74 apply to unpaid or per diem members of the Lake George Park
          Commission who are appointed pursuant to Environmental Conservation Law Article 43, Section 43-0105,
          and

          WHEREAS   the Public Officers Law prescribes that entities such as the Commission adopt a Code of Ethics, and

          WHEREAS   the Lake George Park Commission would like to adopt a Code of Ethics to be in accordance with the New
          York State Ethics Law.

NOW THEREFORE BE IT RESOLVED
                    that the Lake George Park Commission adopt the attached Code of Ethics, and

FURTHER RESOLVES  that once adopted, the Commission’s Code of Ethics be filed with the New York State Ethics     
        Commission.


Item #6 - Law Enforcement Committee Report

Tom Conerty, Chair of the Law Enforcement Committee said that the Law Enforcement
Committee met earlier this date and called on Lt. Schneider for a report.

Lt. Schneider said that several issues were discussed including the recently completed
annual boat count.  He said that also discussed were parasail inspections and marina
investigations that are on-going, and a speed and noise detail that was performed last
weekend that targeted loud and speeding boats.

Lt. Schneider said that the Committee was then adjourned to Executive Session where
active enforcement cases were discussed.  There were no votes taken in Executive
Session.  

Resolution 2004-44 - Law Enforcement Report

Tom Conerty read and moved to adopt Resolution 2004-46 which accepts the report of
the Law Enforcement Committee.  The motion was seconded by Tony Reale and all
Commission members present voted affirmatively.


Item #7 - Matter of the Adjudicatory Hearing on Huletts-on-Lake George
Marina Applications:  Robert H. Feller, Esq.

                    Secretary’s Note:   The Chair previously noted that Martin Auffredou, Counsel for the
                    Commission, has recused himself from any discussion on this
                    matter.  Robert H. Feller of Bond, Schoeneck & King is
                    representing the Commission in this matter.

The Chair said that this matter is to reconsider a decision the Commission made last
Fall on Huletts-on-Lake George marina applications.  He said that the decision was the
Commission’s intent to deny the applications.  He said that since that time, there have
been a number of hearings between the parties involved.  He said that there has been
an Adjudicatory Hearing and a recommendation from the judge has been received.  “At
this point, we are going to reconsider whether or not we change our decision on the
marina as it now is proposed,” he said.  He said that this project is not open to further
public input.

Mr. Robert Feller of Bond, Schoeneck & King addressed Commission members.  He
said that last September the Commission issued a renewal of the complete application
determination.  He said that the application had lay dormant for awhile because there
was litigation among the parties and the Commission wanted the litigation resolved.  He
said that it was brought back on the table in September and a tentative denial was
issued by the Commission in October of 2003.  He said at that point the matter was
referred to the Department of Environmental Conservation’s Office of Hearings because
the applicant had the right to have his case heard before a hearing officer.  He said that
it took a few months to set the hearing up but that the hearing date was set up in May
and that an issues conference was held in June of this year.  He said that the hearing
was scheduled to begin in early July (2004).

Mr. Feller said that prior to the hearing there was discussion among the parties as to
whether the matter could be settled among the parties subject to the Commission’s
approval.  He said that further discussion occurred and that the parties reached a
tentative agreement among themselves.  He said that the parties he is referring to are:
the applicant, the staff of the Lake George Park Commission, the Lake George
Association and a combined party of the Committee to Preserve Huletts Landing and
Huletts Landing Property Owners and Civic Association.  

Mr. Feller said that when the Commission issued their tentative denial, several reasons
were identified:  parking and traffic situation; use of support systems including whether
there would be adequate sewer hookups; and the Town of Dresden’s opposition to the
application.  He said that a letter was received in the interim from the Town of Dresden
Supervisor indicating that the Town would not take any position one way or another with
respect to the applications.  He said that the heart of the matter is that Huletts Landing
is a community that is accessible only through one road and that the area is very
congested.  “The roads are not made for a lot of traffic; the houses are very close
together and so there has been this ongoing concern about what a commercial marina
would bring in,” he said.  He said that no specific limitations were made on who could
use the marina facilities.  He said that traditionally, most of the people who had used
the facility were from the community but that, over time, it had been changing to outside
users.

Mr. Feller said that there are really two separate marina permits that are involved:  one
involves two docks that are to the north of Route 6 and are not in the congested area of
the community and that the other area is south of Route 6 and is in a congested area.
He said that latter area also includes a boat launch.  He said that the basis of the
tentative agreement is that the area south of Route 6 will only be used by people who
either own or are renting within the community.  He said that the community has been
defined on a map.  “Because of the fact that they’re going to be limited to this
community, a lot of the support facilities really become extraneous,” he said.  He said
that parking will not be much of an issue as virtually everyone in the community has
parking at their own homes and therefore additional parking will not be needed.  He
said that the applicant requested that a few people who are considered part of the
community who live up the hill be included.  He said that this was agreed to by all the
parties of interest.  He said that everyone will be using their own bathrooms as well.  

Mr. Feller said that there is also an agreement that the boat launch be limited to those
people who are in the community.  He said that all of the issues with the parties have
been resolved and have been incorporated into two agreements.  He referred to
permits which have been drafted according to the lines of the stipulations.  He said that
there is also a private agreement between the Homeowner’s Association and the
Kapusinski family and that it relates to matters which are outside of the Commission’s
jurisdiction.  He said that the private agreement is strictly designed to protect some of
the interests of the property owners and the Kapusinski family.  He said that compliance
with the Commission’s rules will be met without reference to the agreement.  “. . . the
only exception to that is going to be for this calendar year because some commitments
have already been made for dock space,” he said.

Mr. Feller said that the underlying legal issues between the parties that had originally
caused the Commission to put the application on hold were to go to trial.  “I’m pleased
to report back to you that they have been settled,” he said.

Mr. Feller said that the Commissioners have a copy of the summary hearing report from
the Administrative Law Judge and the two draft permits which contain the conditions
that would be imposed for the two marina applications.  

Bruce Young read the reasons why the Commission issued a tentative denial and said
that if those reasons have been removed, the Commission would be open to make
another decision.  He said that the reasons the Commission denied the application in
October 2003 were:  1) the adverse visual, cultural and audible effects of the proposed
facility on the character of the neighborhood; 2) the septic system problems had not
been addressed adequately; 3) the parking had not been addressed adequately; and 4)
the Town of Dresden was in opposition to the application.  

Mr. Young referred to page 4 of the draft permit (LGPC Permit #5324-2-97) and read
the following 15 special conditions:

     1.   There will be 25 slips on 10 existing docks in the configuration set forth in
     Schedule B-Wharf and Mooring Plan of this permit.  As specified in 6NYCRR
     646-1.6 (k), no vessel shall be berthed at a dock, wharf or mooring without the
     prior consent of the adjoining landowner so as to encroach beyond the adjacent
     property line.  There shall be no boats berthed at the lake-ward facing end of the
     T-shaped dock located on tax parcel 26.08-6-1.

     2.   This permit does not authorize the construction of any new docks or the
     modification of any existing ones.  Additional approvals would be required to the
     extent required by the rules of the Commission.

     3.   Except as set forth in paragraph 4, the use of all the slips will be limited to
     persons who are staying in homes within one of two designated areas of the
     hamlet of Huletts Landing.  The boundaries of these two areas are set forth in
     the map attached to and made part of this permit.  The boundaries of Phase I,
     the area closest to the docks, are designated in purple.  The boundaries of
     Phase II, the area up the hill, are colored in blue.

     4.   During the 2004 season, the Permittee may rent docks space on a seasonal
     basis to persons outside of the Huletts Landing area as defined on the attached
     map on the following conditions:

         a.  the total number of seasonal rentals to persons outside of the Huletts
     Landing area for this permit and for the one issued for Application #5324-
     3-97 will not exceed a total of 9.

         b.  The permittee will use its best efforts to move as many of these seasonal
     rentals as possible to the docks that are being approved for application
     #5324-3-97.

     5.   The use of the boat launch will be limited to persons who are staying in homes
     within the one of the two designated areas in the hamlet of Huletts Landing.

     6.   The permittee will provide the LGPC with the names, local address, boat
     registration and assigned berthing space of holders of season contracts for slip
     rentals from the marina by May 16 of each year.

     7.   The permittee will provide the LGPC with the names, address, boat registration
     and assigned berthing space of short-term slip rentals from the marina by May
     15 of each year, and those that are contracted after May 15, within two days
     after such rental agreements are made.

     8.   The areas for parking and number of approved spaces are contained in
     Schedule C - Facility Plan.  This parking can only be used by persons authorized
     to use the slips.

     9.   No portable toilets will be permitted.  Rest room facilities are designated on
     Schedule C - Facility Plan.

     10.  Boat cleaning on the premises are prohibited.

     11.  No seasonal trailer storage or dry docking of boats to be permitted at the boat
     launch site or any of the designated parking areas.

     12.  Applicant’s signed agreement with Norowal Marina satisfies the requirement for
     pump out facilities.

13.    Fuel sales are prohibited.

     14.  Rentals of boats or personal watercraft are prohibited.

15.    Boats berthed at the facility may not be occupied overnight.  

Mr. Young referred to page 4 of the draft permit (LGPC Permit #5324-3-97) and read
the following 11 special conditions:

     1.   There are 9 slips on 2 existing docks north of County Route 6 in the
     configuration set forth in Schedule B-Wharf & Mooring Plan of this permit.  The
     western side of the dock  closest to the beach is reserved for swimming area and
     there will be no boat parking on that side of the dock.

     2.   This permit does not authorize the construction of any new docks or the
     modification of any existing ones.  Additional approvals would be required to the
     extent required by the rules of the Commission.

     3.   It is explicitly acknowledged that the slips will be available to anyone in the
     general public, whether within or outside the Huletts Landing community, on
     either a short-term or seasonal basis, at the permittee’s option.  For the 2004
     season this is limited by the number of slips provided on the docks approved by
     5324-2-97 that are provided to persons outside of the Huletts Landing area.  In
     no case shall the total number of berths rented to persons outside of the Huletts
     Landing area exceed 9.

     4.   The areas for parking and number of approved spaces are contained in
     Schedule C - Facility Plan.

     5.   No portable toilets will be permitted.  Rest room facilities are designated on
     Schedule C - Facility Plan.

     6.   No seasonal trailer storage or dry docking of boats is permitted in any of the
     designated parking areas.

     7.   Boat cleaning on the premises is prohibited.

     8.   Applicant’s signed agreement with Norowal Marina satisfies the requirement for
     pumpout facilities.  Applicant will maintain this  contract in effect during the term
     of this permit unless an acceptable alternative has been approved.

     9.   Fuel sales are prohibited.

     10.  Rentals of boats or personal watercraft are prohibited.

11.    Boats berthed at the facility may not be occupied overnight.

The Chair asked Commission members if they had an understanding of the permits.  
He said that he feels the conditions of the permits have eliminated the Commission’s
main concerns of congestion, safety, and visual impacts.

Shauna DeSantis asked that the beach be pointed out to her in Schedule B.  She said
that it should probably be designated on the plan.

Michael White said that it does not actually show the beach on that drawing.  Further
discussion followed.

“I think it’s worked out well,” Maggie Stewart said.

The Chair asked if members had any changes to the permits.  There were none.

Mr. Young said that he would accept a motion to approve marina applications (#5324-2-
97 submitted by Albert J., George T. & Frank P. Kapusinski for Huletts-on-Lake-George
and #5324-3-97 submitted by Albert F., Albert J., George T. & Frank P. Kapusinski for
Huletts-on-Lake George) with the conditions as outlined above.  

The motion was made by Maggie Stewart and seconded by Joan Robertson.

Mr. Young asked if members understood the approvals being given.  There was no
further discussion.

The motion being on the floor, Commission members present voted as follows:

          AYES:     Stewart, Robertson, Young, McDonald, Conerty, Reale, Pettica, Hall,
          DeSantis
NAYS:    None
ABSTENTIONS:  None

                    Secretary’s Note:   The secretary assigned number 2004-49 to the above resolution.


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

Tom Wardell said that he previously distributed the August Stormwater Program Report
to Commission members (attached).  He said that three cases were discussed earlier
today in the Law Enforcement Committee meeting.  He said that he would like to have
these cases taken care of by the Fall of this year.

Mr. Wardell said that Roger Smith met with the Black Point Road Civic Association on
August 10th.  He said that Mr. Smith took water samples at 8 sites.  He said that he is
pleased to report that all readings were good and that there were no high counts.  

Mr. Wardell said that there was one Hot Line coliform count in Lake George that had
high numbers.  He said that it was re-sampled and cleared up.  He reported on a case
in Bolton Landing that wasn’t that high and on the following day was re-sampled and
cleared up.  “As the summer winds down, maybe we’ll get through without any real, real
bad problems like we’ve had in different years in the past,” he said.

Mr. Wardell said that from his observations and most of the people that he has talked
to, the northern Lake George turbidy is not an issue this year.  He said that the water is
about where it should be.  “The clarity is as good as normal.  Again, the hydro-soils are
clay in that area of what we used to call the clay banks and it’s always going to be
turbid in some portions of that area,” he said.  He said that the channel marker buoys
have not shifted as some people were led to believe.  He said that a year ago, Dr. Ken
Wagner (ENSR International) came up and concluded that it mostly appeared to be a
natural phenomena – a lack of vegetation on the bottom perhaps from the thick ice.  He
suggested that Dr. Wagner return at the same time as he was here last year, repeat the
same process and perhaps draw some conclusions for future occurrences.

Lake Level Reading:

Mr. Wardell reported that the reading at the Rogers Rock gauge is 3.8 today which he
said is way higher than last year.  


Item #9 - Eurasian Watermilfoil Program  Report:   Michael P. White

Michael White gave a brief update on the milfoil program.  He thanked Roger Smith and
said that he provided a tremendous amount of help and support for the program over
the course of the summer.  

Mr. White said that the Lycott crew started on the 28th of June and completed the
program under the Commission’s contract last Thursday.  He said that he met with the
Lycott crew on Friday and debriefed their operation and checked the equipment.
“We’re still in the process of trying to follow up on some of the details of their
departure,” he said.  He said that he visited approximately 40 of the locations that the
crew worked at, sometimes going behind them and checking and some days working
with them.  He said that staff was involved in the operation and placement of benthic
barriers with the crew.  He said that it looks like an additional two sites of milfoil have
been located which would bring the total number of milfoil sites in Lake George to 148.
He said that there is about the same percentage of cleared sites as there was last year.
He said that for the first time in a very long time, control efforts were taken in the largest
bed areas.  He said that there has never been any control efforts at these locations
since milfoil was first discovered in the lake.  He referred to southwest Cannon Point,
the Bay behind Tea Island, and Huddle Bay.  He said that well over an acre of benthic
barriers have been placed.  He said that this is a substantial increase over previous
years.  “The approach for these sites has been to attempt to cover about half of the
dense beds of milfoil with benthic barriers and to then have that material available in
that site to relocate it onto the second half of the bed next year,” he said.  

Mr. White said that in June of this year Governor Pataki announced a grant through the
Watershed Conference to the Commission to help in the milfoil program.  He said that
this enabled the Commission more resources.  He said that the option of the 8-week
Lycott contract (an additional 2 weeks added to the original 6-week contract) was
utilized into the effort.  “In addition, we obtained a couple of contract divers and bought
additional benthic barrier which we were able to put into the process,” he said.  He said
that it takes quite a bit of steel to hold the barriers down to the bottom of the lake bed.  
He explained that there is a great deal of methane gas that is produced under the
decomposing milfoil.  He said that the gases will bubble up the benthic barriers and
displace them if the steel is not put in place to hold the barriers down.  He said that
there may be an opportunity over the course of September-October of this year to
contract privately to install some additional benthic barriers down around Lake George
Village.  He said that Lake George Village is an area that is very difficult to work in
because of the amount of boat traffic that is in that vicinity.

Mr. White said that the milfoil report will be in numbers where the amount of milfoil bed
areas in the lake are talked about.  He said that covering 1 acre or more of 11 to 12
acres will also be reported.  “For the first time in a number of years we’re approaching a
level where we’re endeavoring and financed to control perhaps on the level of 10
percent.  I would suggest that we would want to look at a 20 to 25 percent level so that
we could have a program that is matched to the demand and could conceivably control
the milfoil beds over the course of a 4 or 5 year period,” he said.  He said that as yet,
sufficient funds for that have not been identified.  “We have the permits and we are
developing the operational capability, but we haven’t been able to identify the source of
funds,”he said.  

Mr. Young asked if the sites that have had benthic barriers in the past have been
revisited.

Mr. White said that every single site where milfoil has ever been found is checked every
single year.  He further stated that there have been studies performed by the Darrin
Freshwater Institute that demonstrate that native species are among the first to
recolonize the areas treated with benthic barriers.  He said that milfoil propagates most
commonly vegetatively whereas many of the native species propagate from seed stock
in the hydro-soil and from spores or remnants of the plants that remain.  A brief
discussion followed on this subject.


Item #10 - Public Comments

     ●    Lake George Association

Kenneth Engler, Treasurer of the Lake George Association, addressed the
Commission.  He said that over 1,000 zebra mussel information packets have been
distributed.  He said that the packets help the recipients identify zebra mussels as
opposed to a mis-identified look-alike snail.  He said this information also helps to teach
the public how to protect the lake including inspection and boat washing.  

Mr. Engler reported on delta remediation.  He said that engineering designs have begun
on seven of the major deltas.  He said that the Hague Brook project has been
undertaken in conjunction with the Warren County Water Soil and Water District and
the Town of Hague which involves bridge repair, bank stabilization, and a retention
basin upstream of the brook.  He said that Foster Brook in Huletts has also been
undertaken between the Association and the Town of Dresden which involves a pond
repair to mitigate silt runoff into the lake.


●     Lake George Watershed Conference

David Decker reported that the Zebra Mussel Task Force was reconvened three or four
weeks ago.  He said that the group resolved to rejuvenate an old proposal that called
for zebra mussel wash stations.  He said that a meeting has been set up with DEC to
revisit the opportunity to have the wash stations seasonally at Mossy Point and the
Million Dollar Beach when the boat launch is open.  He said that the intent is to have
paid, seasonal interns at the two facilities on a Wednesday through Sunday, 6 am to
mid-afternoon basis.  He said that the interns could also conduct a boat survey
ascertaining information.  The information could include questions such as when the
boater’s last boating experience at Lake George occurred, which body of water they
were previously in, how often they visit Lake George, if they are here for fishing or
pleasure, and etc.  He said that this information would be useful for a profile of the
people who use the two State launches.

Mr. Decker also spoke about upland development, the Commission’s grant from
Governor Pataki for milfoil, and an on-going hydro-dynamic study in the lake that was
performed this past season.

Mr. Decker invited Commission members and the public to the 2nd Annual Water
Quality Management and Resource Conservation Forum being held September 28th
and 29th, 2004 at the Fort William Henry Conference Center in Lake George.

Other Public Comments:

John Salvador said that the Dunham’s Bay Association recently had their annual
meeting and that a primary concern of the members present at that meeting was the
continued proliferation of milfoil in the bay.  He said that Dunham’s Bay was one of the
first three sites that was treated for milfoil.  He said that the bay was treated with
benthic mats about 15 years ago.  “Since then, the holes have been punched in the
mats to allow the gases to escape and now, of course, the mats have silted over and
the milfoil is growing on top of the mats,” he said.  He reported that the milfoil is being
fragmented by the boat traffic that occurs in the bay.

Mr. Salvador said that he is noticing the growth of algae along the shoreline in the
shallow areas, particularly where the afternoon sunshine warms the water.  He said that
this is occurring at the mouth of the brook.  “I credit this to the fact that between the
DEC and APA giving the operator in the brook the permission to dredge the area near
the docks,” he said.  He said that the macrophytes are being taken out of the bed of the
lake and that these are the plants that soak up the nutrients.

Mr. Salvador talked about upland development.  He said that the Town of Lake George
will be permitting a stormwater management plan for another mega house on the bluff
above Diamond Point.  He said that this is a house of 10,000 square feet on one level
and that the three stall garage will come sometime later.  He said that this project is
moving forward in spite of the fact that there were serious limitations placed on the
conditions under which such a project would be developed at some later date.  He said
that the conditions were placed in 1998 and that the Town has done absolutely nothing
to enforce those conditions on the developers.  He said that local government should
enforce their own regulations.

Richard Wray addressed the Commission.  He said that he lives on the northern end of
the lake opposite the Mossy Point boat launch.  He said that a major concern of his has
been the noise that has been generated by the boat traffic.  He said that he is impacted
by the fact that he is located by the end of the speed limit area.  He said that boats that
are going south on Lake George reach about the outside of his house and hit their
throttles.  He distributed a handout (attached).  He asked that a speed limit be imposed
on a trial basis for a year.

Dr. John Brothers said that he has been a property owner on the East Side of Lake
George for 33 years.  He spoke about recognition of the distance of 200 feet for
boaters.  He asked Lt. Schneider to confirm that it is a New York State requirement that
boats not exceed 5 mph within 200 feet of shore.

Lt. Schneider said that the New York State requirement is 100 feet.

Dr. Brothers said that most docks in his area of the lake are 40 feet long and that if the
40 feet were doubled, it would still be under the 100 foot limit of 5 mph.  He said that
this limit is routinely violated.  He said that he has asked that a Patrol Boat be
positioned where it would be relatively out of sight located behind his boathouse so that
the violators could be seen by the Marine Patrol.  He talked about a continued violation
of the 500 feet limit from shore of personal watercraft and suggested placing two buoys
500 feet apart to depict what 500 feet is to PWC operators.

Dr. Brothers applauded the Commission’s efforts in what they are doing to control
milfoil.  He said that he was happy that the Commission did not resort to placing a
chemical herbicide into the lake.

Dr. Brothers asked Commission members to ride with him in his antique guide boat to a
distance of less than ¼ of a mile so that he can point out the docks that do not have
any registration certificates on them.  He said that he comes up with a figure that less
than 50% of property owners are in compliance with a visible registration certificate on
their docks.

Mr. White said that he would like to make a comment on the compliance of dock
registrations.  He said that dock registrations are tracked in the office by computer
which is the primary means of enforcing the requirements.  He said that although a
decal is required on a dock it is not the primary method to see if a dock owner has
registered.  He said that if a registration is not paid, a second notice is sent out and if
that is not paid a third notice is sent.  “If you don’t pay it after the third notice, then you
are in arrears and your account is referred for collection perhaps to the Attorney
General’s Office of Civil Collection Unit or to a private attorney or to a collection agency.
We track these accounts and we collect past due dock registrations as part of our
regular procedures,” he said.


Item #11 – Adjournment

On the motion of Tom Conerty, seconded by Tony Reale, all present voting
affirmatively, the Commission adjourned at 12:00 p.m.


                        Respectfully submitted,




                                              Kathleen Ledingham
                        Commission Secretary


                    Secretary’s Note:   The next Commission meeting is scheduled for Monday,
                    September 27th, 2004 at 10:00 a.m. at the Fort William Henry
                    Conference Center (downstairs), Canada Street, Lake George,
                    NY.