Lake George Park Commission

Meeting #341

24 January 2006

Fort William Henry

Lake George, NY


PRESIDING:                Bruce E. Young, Chair


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


COMMISSION MEMBERS ABSENT:    Thomas K.  Conerty
                        Roger H.  Phinney


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    
                        Keith Fish, Operation’s Director
                        Michelle D. Way, Keyboard Specialist 1
                        Andrea L. Maranville, Director of Governmental &       Community Affairs


COMMISSION COUNSEL PRESENT:    Martin Auffredou

               
OTHERS PRESENT:

Sylke Chesterfield            Christopher Navitsky        Jim Lieberum
Tony Hall                Kathy Bozony            Joan & Lou Stone         Item #1 - Introductions, Roll Call, Minutes of Meeting

The 341st  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 Shauna DeSantis, all Commission members present voting affirmatively;  The minutes of meeting # 340 were approved as submitted.

Item #2 - Project Review - Public Comments on Pending Applications:  
         Molly Gallagher

Chairman Young said that there will be no Project Review portion of the meeting because there are no projects before the Commission today.

Resolution 2006 - 02 — Project Review Report

Joan Robertson read and moved to approve Resolution 2006-02 which directs that the Project Review Report be incorporated in full in the minutes of the full Commission meeting.  The motion was seconded by Shauna DeSantis and all members present voted affirmatively.

WHEREAS    the Commission has received and reviewed the Project Review Actions Reports prepared by staff and dated December 6, 2005, and;

WHEREAS    the Project Review Committee recommends acceptance of these Project Review Reports.

NOW THEREFORE BE IT RESOLVED    that the Commission directs that the Project Review Report
be incorporated in the minutes of the full Commission meeting.

Item #3 - Fiscal Actions Report: Peggy Stevens
 
Chairman Young said that the December 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 Hall, seconded by Thomas Morhouse, all members present voting affirmatively, the December Fiscal Actions Report was approved as submitted.

Resolution 2006 - 04 — Boat, Dock and Wharf Registration Decals

Roger Smith introduced Resolution 2006-04 authorizing the purchase of decals for annual boat, dock and wharf registrations.

Roger Smith said that the Commission purchases about 35,000 decals each year.  He said that an informal quote process was done and the low bidder this year is Processed Signs & Display Co.

John McDonald read and moved to approve Resolution 2006-04 which was seconded by Joan Robertson and all Commission members present voted affirmatively to approve the resolution.

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 2006 annual boat and wharf decals, and

WHEREAS    the purchase procedures for the 2006 annual boat and wharf decals have been conducted in accordance with the State Finance Law and the Commission’s Internal Control Program, and

WHEREAS    Processed Signs & Display Co, Inc. provided the lowest quotation and the quality of their services has been examined and documented.

NOW THEREFORE BE IT RESOLVED THAT the Commission approves the purchase of the 2006 boat and wharf decals not to exceed four thousand, one hundred dollars ($4,100.), and

FURTHER RESOLVES that the Chair is authorized to execute a purchase order for such 2006 boat and wharf decals consistent with the State Finance Law and Office of Standards and Purchase of the Office of General Services procurement guidelines.

Resolution 2006 - 05 — Cell Phones

Roger Smith said that he has compared various cellular phone companies rates and he has checked on their areas of coverage.  He believes that Nextel would be best suited for the Park Commission’s needs.

John McDonald read and moved to approve Resolution 2006-05 which was seconded by Shauna DeSantis and all Commission members present voted affirmatively to approve the resolution.

WHEREAS    the Lake George Park Commission wishes to improve communications between the Commission’s office staff, field staff and the marine patrol, and

WHEREAS    cellular telephones provide reliable communications for staff working and traveling within the Park, and

WHEREAS    Commission staff has reviewed cellular telephone equipment and service plans available through NYS contract with Nextel Partners, Verizon and Cingular, and

WHEREAS    staff has determined that Nextel Partners will provide cellular telephone equipment and service best suited to the Commission’s needs

NOW THEREFORE BE IT RESOLVED that the Commission authorizes the purchase of six (6) cellular telephones and accessories not to exceed $800.00.

BE IT FURTHER RESOLVED that the Commission authorizes the Executive Director to execute a cellular telephone service agreement with Nextel Partner’s not to exceed $1,800 per year for service for six phones.

Resolution 2006 - 07 — Authorizing Boat Dockage Charges for Marine Patrol

Michael White spoke on behalf of Lt.  Joseph Schneider.  Mr.  White said that dock space is needed in the Ticonderoga area for Marine Patrol who regularly patrol in that area of the lake.  He said that this will save officer hours, patrol boat hours, gasoline and wear and tear on the vessel.

John McDonald read and moved to approve Resolution 2006-07 which was seconded by Joan Robertson 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    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 is resolved that the Lake George Park Commission is hereby authorized to allocate funds not exceeding $2,000 in total for the berthing of a single boat berthing slip at Snug Harbor Marine, Inc. in the Town of Ticonderoga.

Item #4 - Fiscal Year 2004-2005 Financial Statement Review — Loftus, Ross & Co.:  Michael P.  White

John McDonald read and moved to approve Resolution 2006-01which was seconded by James Kneeshaw and all Commission members present voted affirmatively to approve the resolution.

WHEREAS    the Lake George Park Commission has established an Internal Control Program, one component of which is an annual review that includes: an evaluation of internal controls; testing for adherence to those controls; and a review of the financial statements provided to management and the public, and

WHEREAS    the Commission desires to complete the review for the twelve month period ending March 31, 2005, and

WHEREAS    the Commission has examined the proposal by Loftus, Ross + Company, P.C. for price reasonableness and has acknowledged that retaining a provider with prior experience with the Commission provides continuity of the control program, cost savings and strengthens the quality of the review results, and

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.

Item #5 - Law Enforcement Committee Report:  Bruce E. Young

Chairman young said that he chaired the enforcement meeting and that Lt.  Schneider could not be here today.

John McDonald read and moved to approve Resolution 2006-06 which was seconded by James Kneeshaw and all Commission members present voted affirmatively.

WHEREAS    the Law Enforcement Committee met January 24, 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 #6 - Report of Ad Hoc Committee — Selection of Provider of Services for Tree Cutting and Stream Corridor Protection Program: Michael P.  White

Chairman Young spoke of the Ad Hoc meeting that was held on January 19, 2006.  He said that the Request for Proposals had been released on December 5, 2005 and it was published in the New York State Contract Reporter on December 12, 2005.

Michael White said that five (5) proposals were received.  He said that all of the firms were highly qualified and explained the rating procedures.

Joan Robertson asked if the program would start right away or if it would start in the spring.

A discussion continued regarding this project and what affect the budget will have on the project.  The discussion included how long the contract would last.

Michael White said that the contract would run into the summer of 2007.

John Pettica read and moved to approve Resolution 2006-08 which was seconded by Shauna DeSantis and all Commission members present voted affirmatively to approve the resolution.

WHEREAS    the Commission is empowered pursuant to Article 43 of the Environmental Conservation Law to develop rules and regulations in relation to tree cutting and stream corridor protection within the Lake George Park, and

WHEREAS    the Commission proposes to prepare such regulations as part of a programmatic approach in consultation and conjunction with the public, local government and the various state and local agencies involved in the lake’s protection, and

WHEREAS    the Commission has determined that it has the need for professional services to assist in the coordination of the various stakeholders, the review of available information, the preparation of an Environmental Impact Statement and the assessment of the economic impacts of any regulations to be proposed, and

WHEREAS    the Commission prepared a Request for Proposals that was widely distributed and advertised in accordance with applicable requirements, and

WHEREAS    the Commission has reviewed and rated five qualifying proposals and has selected the highest rated proposal in accordance with the methodology established in the Request for Proposal.

NOW THEREFORE BE IT RESOLVED that the Commission accepts the recommendation of the Ad Hoc Committee to retain Saratoga Associates,  the firm with the highest rated proposal, to prepare a Watershed Protection Plan Governing Tree Cutting and Stream Corridor Protection and to authorize the Chair and/or Vice Chair to execute an agreement with the firm in the amount of $87,000 for work in accordance with the work plan and proposal, and

BE IT FURTHER RESOLVED that the Chair, Vice Chair, Counsel and Executive Director are authorized to implement the agreement and to take such actions that are reasonable and necessary to carry out the project.

Chairman Young spoke of the progress that has already taken place regarding tree cutting and stream corridor protection.
    
    Item # 7 - Water Quality Programs Report: J. Thomas Wardell

Tom Wardell said that due to some computer glitches the report that he sent out to the
Commission members wasn’t as updated as it should have been.

Tom Wardell discussed projects he has been working on with local highway
departments.  He said that interviews have started and then training will follow soon.

Mr.  Wardell said that the Westbrook Watershed project has slowed down due to some
glitches.  He said that the Charles Wood Foundation was concerned about the lack of
progress.  He said that Mayor Blais is working with them on that issue.

Tom Wardell spoke of many washed out roads due to all of the rain.  He said that
Foster Brook is totally washed out.  Chairman Young said that he would like to find time
to discuss Foster Brook with Tom.  He said that he has ideas on this and would also like
to discuss this with Chris Navitsky.

Lake Level

Mr. Wardell said that the lake level at Rogers Rock is 4.22.  He said that this is about
2/10 above flood stage.

Item #8 - Invasive Species Prevention Program Update: Andrea Maranville

Andrea Maranville addressed Commission members and spoke about the progress that
the Participating Business Program has undergone.  She spoke of the 2005 Invasive
Species Report that she sent to the Commissioners.  She said that she hoped that
everyone had a chance to take a look at it and if the report is okay she would like to
send it out to the public.

Thomas Morhouse asked Andrea if she could tell him more about the Zebra Mussel
inspection process and referred to responses received from participating businesses.
He asked if zebra mussels that were found were found prior to entering the lake or after
they were removed from the water.

Andrea said that she believed that they were found prior to launching.  

Thomas Morhouse also asked how the gas stations perform inspections when they are
not on the lake.  Andrea said that not all of the businesses perform inspections.  She
said that many of the businesses will give educational handouts and refer customers to
a facility that does do inspections.

Michael White said that these businesses are actually assisting with a self inspection.  
He said that we do encourage inspectors to go around the boat and check all areas on
the vessel but we can’t be certain that they are doing thorough inspections.

Bruce Young made a point to mention that the Participating Businesses are volunteers.
He said that he wishes that the Lake George Park Commission had enough money to
put inspectors at every launch site.

Thomas Hall asked about the nine new businesses that have joined the Commission in
eradicating these invasive species and asked what has encouraged them to join.

Andrea Maranville said that Chairman Young sent a letter to many of the
businesses around the lake that are not currently involved in the program asking them
to support the program.  She said that this letter is what prompted the nine new
businesses to join.

Michael White said that he has just seen some of the first data received from the
Cornell studies.  He said that invasive species are rated as one of the most important
problems and among commercial dock owners this is the most important problem that
Lake George faces.  He said that he believes that the word is getting out as to the
magnitude of this concern.  He said he credits the Lake George Association and other
groups that have been hammering on this issue.

Andrea Maranville said that Governor Pataki has proposed $2 million dollars statewide
for the invasive species issue.  She said that this doesn’t necessarily pertain to us at
this time but it does show that the issue is out there.

Item #9 -  Public Comments

Lake George Association

Kathy Bozony of the Lake George Association welcomed the new Commission
members, Thomas Morhouse and James Kneeshaw.  She said that the LGA is very
excited about this new Tree Cutting and Stream Corridor Protection Plan.  She said
that they would like to emphasize their recommendation that whatever regulations come
out of this two year plan that they are watershed wide and that the municipalities are
not given the option of whether or not they want to adopt it.  She said that she would
like to make sure that whatever master plans have been prepared by the Saratoga
Associates are implemented as well.

Kathy Bozony also discussed the possibility of including an informational pamphlet
along with boating decals being issued.  She said that the Lake George Association
would be happy to help with this, if it is deemed appropriate.

Lou Stone said that he wanted to congratulate the Park Commission for choosing the
Saratoga Associates for this worthwhile project.

Mr.  Stone also said that the LGA would be willing to help to the extent possible with
repairing sediment basins clean.

Lake George Waterkeeper

Christopher Navitsky said that Mr.  Morhouse had questions about inspections of
boats.  He said that The Zebra Mussel Task Force through the Lake George Watershed
Conference had an idea to set up a wash station.  He said typically there is a
registration on a Friday evening before fishing tournaments.  He said that event
sponsors were approached about setting up this wash station so that boats could be
washed and they would be ready to get into the water first thing in the morning but he is
not sure where that has gone.

Mr.  Navitsky said that he is excited that the Commission is going along with the Tree
Cutting and Stream Corridor Protection Plan.  He said he wishes the Commission the
best.

Item #12 - Adjournment

There being no further business, on the motion of Joan Robertson, seconded by
Shauna DeSantis, all Commission members present voting affirmatively, the meeting
was adjourned at 11:00 a.m.


                   
                        Respecfully submitted,



                        Michelle D. Way                                Keyboard Specialist 1


Secretary’s Note:    The next Commission meeting is scheduled for TUESDAY, February 28, 2006, 10:00 a.m. at the Holiday Inn, Canada Street, Lake George, NY.