Lake George Park Commission

Meeting #330

25 January 2005

Fort William Henry Conference Center

Lake George, NY


PRESIDING:                Bruce E. Young, Chair


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


COMMISSION MEMBERS ABSENT:    Roger H. Phinney
                        John C. McDonald, Jr.


COMMISSION STAFF PRESENT:    Michael P. White, Executive Director
                        Kathleen Ledingham, Secretary II
                        Lt. Joseph H. Schneider, Director Law Enforcement
                        Roger Smith, Conservation Operations Supervisor I    
                        Molly Gallagher, Environmental Analyst I
                        Keith G. Fish, Operations Director
                        J. Thomas Wardell, Senior Sanitary Engineer
                        Peggy Stevens, Principal Account Clerk
                        Michelle Way, Assistant
                        Andrea L. Maranville, Director of Governmental &       Community Affairs

                

OTHERS PRESENT:

Juliana Motel Owners            Jeff Queen                    Dave Decker
Lorence Queen                Doren Rockhill                George Painter
Fritz Smith                    Anthony Hall                    Christina Bolton
Robert Holmes                Sharon Borgos                Rex Moon
Bud Foulke                    Mary Alice Leary                Judith Tate
Chris Navitsky                Sue Foster                    
Timothy Holmes                Dave Bolster

Item #1 - Introductions, Roll Call, Minutes of Meeting

The 330th meeting of the Lake George Park Commission was called to order by Chairman Young at 10:10 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.  He asked if there were any corrections or discussion.

Upon the motion of Tom Hall, seconded by Maggie Stewart, all Commission members present voted affirmatively to approve the minutes of Meeting #329 as submitted.

Michael White welcomed and introduced two new Commission staff members.  He said that Peg Stevens is the new Principal Account Clerk and is a lateral transfer from the Department of Environmental Conservation in Ray Brook.  He said that Ms. Stevens resides in Brant Lake.  

Mr. White said that Andrea Maranville is joining the Commission staff as the Director of Governmental and Community Affairs.  He said that Ms. Maranville who resides in Bolton Landing was the Deputy Director of Legislative Affairs in the Governor’s Office and will be working on special projects for the Commission.


Item #2 - Project Review - Public Comments on Pending Applications:  
          Maggie Stewart

The Chair explained Project Review procedures.  He said that the first portion of the Project Review is for people either for or against the project to express their comments.  He said that the second session is an open discussion and determination among Commission members to arrive at a decision.  He said that normally the only time during the second portion where there would be public participation would be if there is a need for clarification or additional information on an issue.  


Matter of Wharf Modification submitted by Harry N. Wolkin Trust, Town of Bolton, County of Warren – #5220-48-04 and #5220-49-04

Molly Gallagher introduced this project.  She said that the parcel is located in the Town of Bolton and that there is 120 feet of lakefrontage.  She said that the application was originally for a U-shaped dock and a boathouse.  Concerns regarding visual impact and safety were brought up by neighbors and the Queens (representing the Wolkin Trust) revised the project by eliminating the boathouse.

Bob Holmes of Jarrett-Martin, representing the applicant, addressed Commission members.  He explained how he determined the placement of the perpendicular extension of the property line.  

Mr. Jeffrey Queen, one of the owners of the property, said that Mr. Holmes was hired to do the technical component of the project.  He said that he wanted to make sure that he was in compliance with the rules and regulations and that he wants to live in harmony with his neighbors.  He said that he didn’t realize that his first application would cause such a commotion.

The owners of the Juliana Motel addressed Commission members.  They said that they were not opposed to the revised plans for the dock but expressed  safety concerns over their swimming area.

The owners of the Juliana Motel asked Mr. Holmes to explain how he arrived at the placement of the perpendicular line.  

Mr. Holmes explained and further discussion followed.

The Chair asked if there were any further comments on this application and received no response.


Matter of Wharf Construction submitted by Courtney & Cindy Tava, Town of Ticonderoga, County of Essex – #1548-17-04 and #1548-18-04

Maggie Stewart introduced this project which she said is located on Black Point Road in the Town of Ticonderoga.

Molly Gallagher said that the project is to remove an existing wharf and construct a new two dock wharf complex.  She said that the applicants have designed what looks like an E-shaped dock.  She said that because it exceeds the 700 square foot limit for a single dock, it is considered to be two docks.  She said that the current proposal is for a U-shaped dock plus an L-shaped dock which would be the limit for the amount of lakefrontage located there.  She said that the applicants have tried to scale the project back some because there were concerns on visual impacts to the neighborhood and neighborhood  character.  She said that a boathouse is still proposed but that it will be open-sided with a peaked roof.

Ms. Gallagher said that she received a telephone call from Brian Rice, a neighbor, who requested that a decision on this application be postponed until he has had a chance to comment on the recently revised plans.

Doren Rockhill, representing the applicant, spoke in favor of the application.  He referred to a letter he submitted dated December 27, 2004 (enclosed).

A discussion followed on the roof system including trusses and the shoreline retaining wall.

The Chair asked if there were any further comments on this application and received no response.



Matter of Class A Marina submitted by Barry & Leone Gipstein, Town of Bolton, County of Warren – #5220-45-04

Maggie Stewart introduced this project which she said is to operate a new marina offering berthing for up to three vessels.  The project is located in Northwest Bay in the Town of Bolton and there is 153 feet of lakefrontage.

Ms. Gallagher said that the applicants have said that two of the berthing spaces are intended for their neighbors.  She said that the Project Review Committee was unable to do a site inspection due to weather conditions and that a SEQRA decision needs to be made before a decision can be made on this application.  She said that plans have been received from the applicant on the septic system and referred to a memo from Mr. Wardell (enclosed).

Ms. Gallagher said that she has a verbal response from the Town of Bolton that no Town approval is needed for this activity but is awaiting a written followup statement from them.

The Chair asked if there were any further comments on this application and received no response.


Item #3 - Fiscal Actions Reports

Mr. White said that an interim report has been distributed to Commission members this morning and that a full report for approval will be submitted at a later date.

The Chair said that there are three resolutions to be read and called on Mr. Conerty to read them.

Tom Conerty read and moved to approve Resolution 2005-01 which was seconded by Joan Robertson, all Commission members present voting affirmatively.

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

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

WHEREAS    the Commission staff issued a request for quotation for the production and delivery cost of the 2005 annual boat and wharf decals, and

WHEREAS    the purchase procedures for the 2005 annual boat and wharf decals have been conducted in accordance with the State Finance Law and the Commission’s Internal Control Program, and

WHEREAS    Ultimate Screen Graphics provided the lowest quotation and the quality of their services has been examined and documented.

NOW THEREFORE be is resolved that the Commission approves the purchase of the 2005 boat and wharf decals not to exceed four thousand, one hundred and thirty dollars ($4,130.), and

FURTHER RESOLVES that the Chair is authorized to execute a purchase order for such 2005 boat and wharf decals consistent with the State Finance Law and Office of Standards and Purchase of the Office of General Services procurement guidelines.

Tom Conerty read and moved to approve Resolution 2005-02 which was seconded by Maggie Stewart, all Commission members present voting affirmatively.

WHEREAS     the management of Eurasian Watermilfoil is an important program of the Lake George Park Commission, and

WHEREAS     the Lake George Park Commission requires the services of an outside professional aquatic control firm to continue its management efforts, and

WHEREAS     as a part of the agreement with said control firm the Commission is responsible for providing berthing for two vessels, and

WHEREAS     publicly owned berthing facilities are not available, and

WHEREAS     the staff researched all possible commercial facilities meeting the prescribed criteria, and

WHEREAS     only one facility met all the requirements, and

NOW THEREFORE BE IT RESOLVED THAT  the Lake George Park Commission selects the facility owned and operated by  Larry Fogelson to provide berthing for two vessels involved in the physical control of Eurasian Watermilfoil for the 2005 season for an amount not to exceed $4,500.
 
Tom Conerty read and moved to approve Resolution 2005-03 which was seconded by Tony Reale, all Commission members present voting affirmatively.

WHEREAS    the Commission has established a network of personal computers to integrate functions and achieve program goals, and

WHEREAS    this equipment must be dependable and technologically adequate for the efficient administration of Commission programs, and

WHEREAS    due to wear and tear associated with everyday use these personal computers must be periodically replaced, and

WHEREAS    various personal computers in current use have performed well beyond their scheduled replacement period and are in need of replacement.

NOW THEREFORE BE IT RESOLVED that the Chairman is hereby authorized to approve the expenditure not to exceed $3,000 for two computer systems purchase off State contract, consistent with State Finance Law and subject to pre-audit by the Office of the State Comptroller.

The Chair asked Commission members if a break was needed at this time.  It was not.


Item #4 - Project Review:  Resolutions

Resolution 2004-04 Project Review Report

Maggie Stewart read and moved to approve Resolution 2005-04 which directs that the Project Review Report be incorporated in full in the minutes of the full Commission meeting.  The motion was seconded by Joan Robertson and all members present voted affirmatively.

The Chair explained that there are usually two resolutions for each project, one to approve and one to deny.  The reading of one does not necessarily mean that will be the resolution voted upon, he said.


Resolution 2004-05 - Harry N. Wolkin Trust

Maggie Stewart read Resolution 2004-05 which was seconded by Joan Robertson.

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    the applicant has applied for a permit to remove an existing wharf and construct a new U-shaped wharf; and

WHEREAS    the Commission finds that the proposed project will have no adverse impact on the health, safety or welfare of the public, the environment or the resources of the Park; and

WHEREAS    the Commission finds that the project will not alter the essential character of the area in which it is proposed and will not lead to congestion in the Park; and

WHEREAS    the Commission finds that the project 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 approves the above application with the following modification:
         only one (1) boat will be allowed on the north side of the north pier  

The Chair recognized Mr. Queen.

Mr. Queen asked that a kayak or a waverunner be included in addition to the one boat restriction.  A discussion followed on motorized and non-motorized boats.  

The Chair allowed further comments from the public.

Commission members agreed to modify the restriction to read that only one (1) motorized boat will be allowed on the north side of the north pier for safety reasons.  

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

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

Resolution 2005-06 - Courtney & Cindy Tava

Commission members were in agreement to table this application for additional information and to extend the comment period.

Maggie Stewart read Resolution 2005-06 which was seconded by Joan Robertson, all Commission members present voting affirmatively.

WHEREAS    the neighbor has requested that the application be tabled to allow an opportunity to comment on the final plan.

NOW THEREFORE BE IT RESOLVED    that the application is tabled until the next Commission meeting.

The Chair said that there is no further discussion on tabled resolutions.


Resolution 2005-07 - Barry & Leone Gipstein

Maggie Stewart said that this application will be postponed until the February 2005 meeting.  She said that the Project Review Committee would like to see what the site is like.

Maggie Stewart read and moved to approve Resolution 2005-07 which was seconded by Joan Robertson, all Commission members present voting affirmatively.

WHEREAS    further information is required for the Commission to act on this application, specifically the status of the application before the Town of Bolton and a site inspection.

NOW THEREFORE BE IT RESOLVED that the Lake George Park Commission hereby resolves to table this application until the February 2005 Commission meeting.


Item #5 - Law Enforcement: Thomas K. Conerty

Mr. Conerty said that there was a Law Enforcement Committee meeting this a.m. and called upon Lt. Schneider for his report.

Lt. Schneider said that a number of enforcement issues were discussed this morning including the Log Bay day event and the on-going deliberations.  He said that the annual Marine Patrol Report was discussed and asked if the Board had any questions or comments.  He said that the replacement of a 150 horsepower engine was discussed as well as the problems in securing four-stroke engines.

Lt. Schneider said that there was an Executive Session where on-going enforcement cases were discussed.  No votes were taken in Executive Session.

Lt. Schneider said that the ice season was discussed and that the Commission will again endeavor with various enforcement agencies that work on the lake to coordinate their efforts.  He said that ENCON Law Enforcement and the M.O.R.E team will be in operation on the lake as well as the Warren County Sheriff’s Office who report that they have a snowmobile patrol who will regularly patrol Lake George as well as the snowmobile trails.  “We have re-implemented our education and awareness campaign,” he said.  He said that posters will again be posted at access points around the lake and that he will be issuing a news release on how to contact the various agencies in regard to pollution, fishing violations, hazardous operation and etc.

Tom Conerty read and moved to approve Resolution 2005-09 which accepts the report of the Law Enforcement Committee.  The motion was seconded by Tony Reale and all Commission members present voted affirmatively.

Tom Conerty read and moved to approve Resolution 2005-08 which was seconded by Tony Reale, all Commission present voting affirmatively.

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

WHEREAS    the Director of Law Enforcement has submitted the Lake George Park Commission Annual Marine Patrol Report for the 2004 year, and

WHEREAS    the Law Enforcement Committee recommends acceptance of this report.

NOW THEREFORE BE IS RESOLVED that the Commission accepts the report of the Annual Marine Patrol Report for 2004.

Secretary’s Note:    Copies of the 2004 Marine Patrol report was distributed to the public.

Tom Conerty read and moved to approve Resolution 2005-10 which was seconded by Tony Reale, all Commission members present voting 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 of Lake George will shorten response time when time is of the essence, and

NOW THEREFORE be is resolved that the Lake George Park Commission is hereby authorized to allocate funds not exceeding $1,900 in total for the berthing of a single boat berthing slip at Snug Harbour Marine, Inc. in the Town of Ticonderoga.

Tom Conerty read and moved to approve Resolution 2005-11 which was seconded by Tony Reale, all Commission members present voting affirmatively.

WHEREAS    the Lake George Park Commission’s Enforcement Committee has reviewed the status of the Marine Patrol equipment for th 2005 season, and

WHEREAS    the Committee has identified the need for a one (1) 150 horsepower replacement outboard engine, and

WHEREAS    the mission of the Commission requires the continued operation of the Marine Patrol, and this outboard engine is essential to that operation at its present level, and

WHEREAS    Commission staff has prepared a purchase requisition for a new outboard engine that is available under New York State contract.

NOW THEREFORE BE IT RESOLVED that the Commission is hereby authorized to allocate funds not exceeding  seven thousand two hundred thirty dollars ($7,230.) in total for the purchase of a new outboard engine, and

FURTHER RESOLVES that the Executive Director  is authorized to execute a purchase order for such replacement outboard engine 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 #6 - Presentation of Facility Strategic Plan for Camp Chingachgook YMCA:  George Painter, Executive Director

George Painter gave a slide presentation on a proposed master plan for Camp Chingachgook.  He said that 15,000 people are served each year at Camp Chingachgook and emphasized the Camp’s need for wheelchair accessibility to boats and docks.   

Mr. Painter said that he would like to proceed with further fund raising and asked the Board for their recommendations in proceeding with their proposal.

Mr. Young thanked Mr. Painter for his presentation.  He said that he was not sure of the legalities of this proposal as the Commission attorney was not in attendance today.  He suggested that he work with Mr. White and Commission staff.

Several of the public spoke in favor of the Camp Chingachgook proposal.


Item #7 - Water-Based Recreation Study Plan Update: Draft Final Scope Presentation by Timothy Holmes, Holmes Associates

Mr. Timothy Holmes of Holmes Associates distributed a project summary of an assessment of water-based recreation, trends, impacts and economic factors for Lake George, New York (attached) to the Board and the public in attendance.

Mr. Holmes talked about the purpose of the project which he said is to collect relevant information, sample user perceptions, and develop a flexible study plan to assist the Commission in fulfilling its legislative mission to provide reasonable public access to Lake George without congestion, over-crowding or safety hazards.  He also talked about key tasks to be completed, deliverables, timeline and the budget.

Mr. Holmes said that letters were mailed last week to Lake George water recreation stakeholders inviting their participation of a study plan for Lake George held February 9, 2005, 10:00 o’clock, at the Fort William Henry Conference Center.  

Mr. White said that this meeting is being coordinated with the Lake George Watershed Conference.  He invited all the Conference members, additional groups that may be stakeholders and the public to kick the first meeting off.   


Resolution 2005-12 - Stormwater Planning

Mr. Young said that the following resolution concerns the West Brook Stormwater Infiltration project which he said is in its embryo stages.  He said that the Watershed Conference has pledged $80,000 of an eventual bill of $120,000 for the cost of completing an environmental study.  He said that the Commission will guarantee the next $40,000 to start the Environmental Impact Statement.  He said that he hopes that other advocacy groups will follow.

John Pettica read and moved to approve Resolution 2005-12 which was seconded by Shauna DeSantis, all Commission members present voting affirmatively.

WHEREAS     the Lake George Park Commission is established pursuant to Article 43 of the Environmental Conservation Law to preserve, protect and enhance the unique natural and scenic resources of Lake George, and

WHEREAS     Article 43-0112 establishes that the Commission shall preserve and protect the water quality of Lake George by developing rules and regulations for the preparation of local stormwater plans and local stormwater regulatory programs, and

WHEREAS     the Commission has promulgated the rules and regulations for Stormwater Management within the Lake George Park at 6 NYCRR 646-4, and

WHEREAS     Section 646-4.6 (b) of the regulations continues the Lake George Park Local Stormwater Assistance Program with so much funds as are available for that purpose, and

WHEREAS     the West Brook Stormwater Infiltration Project, presently at the conceptual phase offers the prospects to significantly reduce the impact of contaminants and sediments from the urbanized area of the Lake George Park on the water quality of Lake George consistent with the purposes of Article 43 of the regulations and of the Stormwater Planning Assistance Program, and

WHEREAS     there is presently a critical need for local matching funds to plan and complete the environmental review of the project.

NOW, THEREFORE, BE IT RESOLVED, that the Lake George Park Commission allocate $50,000 to the Lake George Park Stormwater Planning Assistance Program, and

BE IT FURTHER RESOLVED, that the Chair is authorized to award a grant in the amount necessary to fulfill the balance of the local funding match up to $40,000 for the West Brook Stormwater Infiltration Project and shall also be authorized to enter into an agreement with the appropriate governmental entities for the use of the funds in accordance with the purposes of Article 43.


Item #8 - Water Quality Programs Report:  J. Thomas Wardell

Tom Wardell referred to his January Stormwater Program Report which was previously distributed to the Board.  He said that there are three new enforcement cases on this month’s report.  He said that two of the cases were construction without a permit and one on an expired permit and some erosion problems.

Mr. Wardell said that the new permits that are going out contain a clause which states construction cannot begin until an erosion control inspection is performed by the Commission.  

Mr. Wardell said that Sandy Stragnell, a contractor from Huletts Landing, was selected as the stormwater inspector.  He said that an engagement/contract letter was recently reviewed by the Commission attorney.  

Mr. Wardell reported on a previous enforcement case in Bolton Landing.  He said that the property is now in a stabilized condition for the wintertime.

Lake Level

Mr. Wardell reported that the lake level at Rogers Rock is 3.32.  


Item #9 - Public Comments

The FUND for Lake George, Inc.

Chris Navitsky, Lake George Waterkeeper, made several comments on stormwater management.  He said that the Towns are not enforcing their stormwater regulations and referred to a problem of a failing system in the Town of Lake George.

Lake George Watershed Conference

David Decker reported on the upcoming Conference, stream corridor management plans, zebra mussels, boat wash station and a Sea Grant.


Item #10 - Adjournment

There being no further business, on the motion of Tom Conerty, seconded by Tony Reale, all Commission members present voting affirmatively, the meeting was adjourned at 12:30 p.m.


                        Respectively submitted,




                        Kathleen Ledingham
                        Commission Secretary


Secretary’s Note:    The next Commission meeting is scheduled for TUESDAY, February 22, 10:00 a.m. at the Fort William Henry Conference Center, Canada Street, Lake George, NY.