Lake George Park Commission

Meeting #373

24 February 2009

Holiday Inn

Lake George, NY


Presiding: Bruce E. Young, Chair

Commission Members Present:   Thomas K. Conerty

                                                            Thomas J. Morhouse

                                                            Kenneth W. Parker

                                                            Thomas W. Hall

                                                            David G. Floyd

                                                            Joe Stanek

                                                            John McDonald

                                                            John A. Pettica

Commission Members Absent: James Kneeshaw

 

Commission Staff Present: Michael P. White, Executive Director

Molly Gallagher, Environmental Analyst II

Keith G. Fish, Operation’s Director

Roger R. Smith, Conservation Operation’s Supervisor II

Michelle D. Way, Commission Secretary

Thomas J. Caifa, Director of Law Enforcement

Peggy Stevens, Principal Account Clerk

 

Commission Counsel Present: Martin Auffredou

 

Others Present:

George Weinschenk, Kathy Simmes, Peter Bauer, Chris Navitsky,

David Cederstrom, Brian Nearing, Carol Collins, Walt Lender, George Greene, Tony Hall

 

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

The 373rd meeting of the Lake George Park Commission was called to order by Chairman Young at 10:10 a.m. and the roll was taken.

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

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

Item #2 — Fiscal Actions Report for January 2009: Peggy Stevens

Chairman Young said that the Fiscal Actions Report for January 2009 has been

submitted to the members for their review. He asked if any members had questions on the report.

There were none.

On the motion of Thomas Morhouse, seconded by Dave Floyd, all members present voting

affirmatively, the January 2009 Fiscal Actions Report was approved as submitted.

Resolution 2009-08 — Acceptance of Loftus Ross Report

Thomas Conerty read and moved to approve Resolution 2009-08 which was seconded by Kenneth

Parker. All Commission members present voted affirmatively.

Whereas the Lake George Park Commission previously retained the firm of Loftus, Ross & Co., LLP to perform a review of the Commission’s 2007-2008 financial statements, an evaluation of internal controls for consistency with New York State guidelines and a test of adherence to internal controls.

Whereas the report by Loftus, Ross, LLP of financial statements and internal controls has been received and has been distributed to Commission members for their review.

Now therefore be it resolved that the Lake George Park Commission acknowledges receipt of the report of Loftus, Ross & Co., LLP for the review of financial statements and review of internal controls for the Fiscal year 2007-2008.

Item #3 — Project Review — Public Comments on Pending Applications and Project Review

Resolutions: Molly Gallagher

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

Wharf Construction Submitted by Anne Reid, Town of Bolton, County of Warren

Molly Gallagher introduced the application submitted by Anne Reid in the Town of Bolton. She said

that Ms. Reid would like to construct a new 36 x 24 dock that is 14'7" in height.

Molly Gallagher discussed several issues with the dock. She discussed the fact that the dock is

located in a wetlands property and said that she contacted the DEC Fisheries Department and said that

they have no concern with the dock as long as it is a stake dock not a crib dock. The second issue

discussed was the alignment of the dock and the third issue discussed was the deed restrictions

associated with the property.

Chris Girard of the Dock Doctors spoke on behalf of the applicant. He said that Ms. Reid would like to

construct a single slip U-shaped, open sided sundeck. He also said that they are designing a stake

dock not a crib dock to be sure that there is water flow, etc.

Mr. Girard said that the Bay is very unique because of the brook in the back of the parcel. He said

that the distance from the wetlands is 35 ft.

Mr. Girard also discussed the design of the boathouse and the deed.

Chairman Young asked if any Commission members had any questions. There were none. He then

asked if anyone else was present to speak against the project. No one was present.

A discussion among the Commission members continued regarding the deed restrictions.

Martin Auffredou, Commission counsel, said that historically the Commission has tried not to try and

figure out what a deed says. He discussed Section 646-1.6, Impacts to the Park Analysis.

Thomas Conerty said that he visited the site and in his opinion it looks good.

Resolution 2009-09 — Anne Reid

Thomas Morhouse read and moved to approve Resolution 2009-09 which was seconded by Thomas

Hall. All Commission members present voted affirmatively.

WHEREAS the applicant has applied for a permit to construct a new U-shaped, stake supported wharf; 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 pursuant to 6NYCRR 645-3.6 and the State Environmental Quality Review Act 6NYCRR 617.5 that the project is a Type II action and does not require further review of potential environmental impacts pursuant to this act; and

WHEREAS the action is considered to be a Minor project pursuant to 6NYCRR 645-5.3 and public notice has been published and distributed; and

WHEREAS interested parties have brought forth concerns about the project’s conformance with regulatory standards; and

WHEREAS the Commission finds that the application complies with regulatory limits and requirements; 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 that the Lake George Park Commission hereby approves the above application as proposed.

Resolution 2009-10 — Project Review Actions Report

Thomas Morhouse read and moved to approve Resolution 2009-10 which was seconded by Thomas

Hall, all members present voting affirmatively.

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

by staff and dated February 9, 2009, and

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

NOW THEREFORE BE IT RESOLVED that the Commission directs that the Project Review

Report be incorporated in full in the minutes of the full Commission meeting.

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

Thomas Conerty said that a Law Enforcement meeting did occur. He called upon Lt. Caifa to discuss

the meeting.

Lt. Thomas Caifa said that roll call was taken and they quickly moved into Executive Session where

they discussed active law enforcement cases.

Lt. Caifa said that the Law Enforcement Committee meeting was adjourned at 9:50 a.m.

Thomas Conerty read and moved to approve Resolution 2009-11 which was seconded by Thomas

Morhouse and all Commission members present voted affirmatively to approve the resolution.

WHEREAS the Law Enforcement Committee met February 24, 2009 to review matters pertaining to the Lake George Park Commission’s Marine Patrol and the Commission's Law Enforcement Program, and

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

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

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

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

Committee.

Resolution 2009-12 — Patrol Boat Berthing, Northern Basin

Thomas Conerty read and moved to approve Resolution 2009-12 which was seconded by Joe Stanek.

All Commission members present voted affirmatively.

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 the Marine Patrol is required to respond to emergency calls for assistance, and

WHEREAS a Marine Patrol Officer regularly patrolling from the Ticonderoga area will save officer hours, patrol boat hours, gasoline and wear and tear on the vessel.

WHEREAS a Commission Marine Patrol boat kept at the northern end of Lake George will shorten response time when time is of the essence, and

 

NOW THEREFORE BE IT RESOLVED that the Lake George Park Commission is hereby authorized to allocate funds not exceeding $2,200. in total for the berthing of a single boat berthing slip at Snug Harbor Marine, Inc. in the Town of Ticonderoga.

Resolution 2009-13 — Patrol Boat Berthing, Southern Basin

WHEREAS the Lake George Park Commission’s Enforcement Committee has reviewed the status of the Marine Patrol vessels for the upcoming 2009 season, and

WHEREAS the Committee has identified the need for a boat slip to berth patrol vessel 108, and

WHEREAS Halls Marina in the Village of Lake George has agreed to supply said boat slip at a discounted rate, and

WHEREAS the presence of a patrol vessel at the south end of the lake would provide better service to boaters in what is the busiest area of the lake, and

WHEREAS both Sergeants and the Lieutenant would have more convenient access to the lake in cases requiring a quick response, and

WHEREAS the mission of the Commission requires the continued operation of the Marine Patrol, and having a patrol presence in this location is essential to that operation at its present level, and

WHEREAS Commission staff has researched other options and found none better.

NOW THEREFORE BE IT RESOLVED that the Commission is hereby authorized to allocate funds not exceeding $4,290. in total for the purchase of a boat slip at Halls Marina, and

FURTHER RESOLVES that the Executive Director is authorized to execute a purchase order 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.

Item #5 — Adjournment

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

Thomas Conerty made a motion to adjourn which was seconded by Kenneth Parker. The meeting

was adjourned at 10:40 a.m.

The Park Commission will reconvene at 11:00 a.m. for the Public Hearing on Stream Corridor

Management in the Lake George Park.

Respectfully submitted,

 

Michelle D. Way

 

 

Secretary’s Note: The next Commission meeting is scheduled for Tuesday, April 21, 2009, 10:00 a.m. at the Fort William Henry Conference Center, Route 9, Canada Street, Lake George, NY.