Lake George Park Commission

Meeting #352

23 January 2007

Fort William Henry Conference Center

Lake George, NY


 Presiding:                         Bruce E. Young, Chair


 Commission Members Present:   Thomas K. Conerty
                        John A. Pettica
                        Thomas J. Morhouse
                        James T. Kneeshaw
                        John C. McDonald, Jr.
                        Roger H. Phinney
                        Shauna M. DeSantis
                        Kenneth W. Parker
                        Thomas W. Hall


 Commission Members Absent:    None
                        

 Commission Staff Present:     Michael P. White, Executive Director
                        Joseph Schneider, Law Enforcement Director
                        Roger Smith, Conservation Operations Supervisor II
                        Molly Gallagher, Environmental Analyst II
                        Michelle Way, Keyboard Specialist 1
                        Keith Fish, Director of Operations
                        Andrea L. Maranville, Director of Governmental &
                              Community Affairs


                       Commission Counsel Present:   Martin Auffredou


Others Present:

                                                                           Mary Alice Leary         Sylke Chesterfield       Madeline Farbman         Kathy Bozony
                                                                      Chris Navitsky      Donald Hart              Edward McConville        David Colomb
                                                                 John Proulx              Mark Rehm           Agnes Nolan         Anthony Hall
                                                                 Wayne Smith         Gary Smith               Graham Bailey       Daniel Belden
                                                                      Chris Ballantyne         Walt Lender              Bonnie Colomb       Dennis Lynch
                                        Ann Marie Giardenelli    Frank Passaro 



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

The 352nd meeting of the Lake George Park Commission was called to order by Chairman Young at
10:15 a.m. and the roll was taken.

Chairman Young said that the minutes of the previous meeting were distributed in advance of this
meeting to Commission members for their review.  On the motion of Kenneth Parker, seconded by
John McDonald, all Commission members present voted affirmatively to approve the minutes of the
previous meeting.

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

Application submitted by Emily Smith — Lake George Camping Equipment

Molly Gallagher read from a prepared statement explaining the Project Review portion of the meeting.
She said that the first project was submitted by Emily Smith of Lake George Camping Equipment and
her son, Wayne Smith, is present to speak on behalf of the project. 

Molly Gallagher said that the Commission will not be making a determination on this project, they are
here to collect and review the information submitted by the applicant.

Wayne Smith introduced himself to the Commission members and said that he is representing his
mother, Emily Smith, and said that he is present to answer any questions that may come up during the
review.

Thomas Morhouse asked Mr. Smith about a survey that was submitted to the members for their
review.  He said that the northern dock doesn’t look as if it is perpendicular.

Mr. Smith responded by saying that his lawyer Susan Millington is in the process of setting up an
arrangement for a new survey to be completed.

Kenneth Parker asked Mr. Smith about the discrepancies in all of the previous applications submitted
to the Lake George Park Commission with regard to the amount of lake frontage.  Mr. Parker said that
the original documents show that there is 55' of lake frontage and the deed says 30' of lake frontage.

The Commission members continued to discuss the Town owned roadway located next to the Smith
marina, a.k.a. Lake George Camping Equipment.

Wayne Smith alleges that the Town of Bolton has ignored that boat launch for as long as he can
remember.

Chairman Young asked Mr. Smith who pays for the taxes on the Town property.

Mr. Smith said that he does not believe that he pays taxes on that section of land. 

Thomas Morhouse then asked Mr. Smith how many boats are moored along the northern side of his
dock.

Mr. Smith replied and said that he believed there are about 7 boats moored on the northern side of the
dock.

The Commission members continued to discuss the previous issues with Mr. Smith.

Chairman Young asked if there was anyone else present to speak on behalf of this project or against
the project.

Mark Rehm, representing Agnes Nolan, said that his client is against this project.  He said that Ms.
Nolan’s littoral rights are adversely affected.

Mr. Rehm continued to discuss with the Commission members such issues as the Town of Bolton’s
dock, the littoral rights of Ms. Nolan, lake frontage and adverse possession.

James Kneeshaw asked Mr. Rehm if there is or was an agreement set up between Ms. Nolan and the
Smith family.

Mr. Rehm said that there was a verbal agreement that the northerly side of the dock could be used as
long as Ms. Nolan had access to rental boats.  Several years ago, Ms. Nolan decided to withdraw her
permission.  Ms. Nolan spoke and explained her decision to withdraw her permission for the marina to
use the northern side of the dock.  Ms. Nolan said that under a verbal agreement with Mr. Raymond
Smith she and her family had access to dock rental boats and guests at no charge in exchange for use
of his side of the north dock.  Ms. Nolan said that several years ago, after such use having not
occurred for sometime, she decided to discontinue the arrangement and notified Mr. Raymond Smith
of her wishes.

Mr. Smith asked if he could respond to this question.  He said that he has never been able to find
anything that indicates any contract or agreement that states this.  He also said that as far as he knows
there was never any agreement with his mother and none in the past that he knows of.

A discussion regarding the use and ownership  of the southern and northerly docks continued.

Thomas Hall asked Molly Gallagher when the marina permit was last renewed.  She said that it was
last renewed in 2001.  No comments were received.

Molly Gallagher said that the objective today is to listen to comments, request any additional
information and figure out how best to proceed with the application.

The Commission members asked Martin Auffredou, Commission counsel, whether or not the marina
can be operated with an expired permit.

Martin Auffrdou spoke about Section 645-5.10, analysis to suspend the application.  He said that the
Commission members should gather as much information as possible to determine whether there are
grounds for revocation of the permit.

Roger Phinney asked what precipitated the disagreement between the two parties (Smith & Nolan).

A discussion continued regarding what occurred between the two parties and the circumstances
surrounding the indifference.

Commission members asked about the pending court case.  Mr. Smith said that the trial date is set for
June 27, 2007 and that it is in the discovery phase.  He said that the discovery information is in the
hands of his lawyer and she is setting up a time to meet with Mr. Rehm.

Thomas Conerty asked how the actual outcome of the lawsuit will effect the permit.  A discussion with
Martin Auffredou followed.

The Commission members asked Mr. Smith to make sure that when he receives a copy of his survey
they would also like to be provided with a copy.

Application submitted by Hart Family, LLC

Molly Gallagher introduced the Hart project.  She said that Mr. Hart holds the key interest in 200 feet of
lake frontage.  The parcel id the subject of easements which convey beach and boat landing rights to
as many as 100 upland parcels.

Molly Gallagher said that Mr. Hart would like to build a 40' by 65' open sided covered sundeck.

Chairman Young asked if anyone was present to speak on behalf of the proposed project.

Edward McConville, representing the Hart family, said that he is speaking on behalf of this project.  He
said that this project is really very simple, factually.  He said that Mr. Hart would like to build a dock in
front of his house.

Mr. McConville said that Mr. Hart has 7 children and 20 grandchildren — this is not for commercial use.
He said that 50 or so people do have deeded rights to the beach.  He said this easement was created
in the 1920's.

Mr. McConville said that he was under the impression that the deed basically states that Mr. Hart could
build a dock as long as it does not block any more of the beach then what was presently there.

Edward McConville passed around simulation pictures showing where the current dock is and where
the proposed dock would be placed.  Mr. McConville said that Mr. Hart does not want to take away or
change any of the rights of the deeded parties, he simply wants a larger dock to accommodate his
boats and those of his family.

A discussion continued regarding the simulation pictures, depiction of buoys and the original dock
structure.

Mr. Hart spoke on behalf of his project to clarify some issues that have come up and said that he does
not think that there are any safety concerns.

John Proulx spoke against the proposed project submitted by the Hart family.  He said that he had
previously submitted a letter to the Commission in response to the application.  He also said that he
has complete rights to the shorefront according to his deed.  He said that he agrees with Mr. Hart that
there are currently no safety issues.

Ann Marie Giardanelli addressed the Commission members and spoke against the project submitted
by the Hart family.  She said that Mr. Hart has already attempted to rebuild his dock in the past, how
many more times will he attempt to take away their beach front.  She added that she is in complete
opposition to this project and that there are many safety concerns to consider.

A discussion continued regarding how many people have deeded rights to the beach, motel use of the
beach and what the “present” dock meant.

Daniel Columb also spoke in opposition to the project and said that he has the same beach rights as
everyone else and that he would have to agree with Ann Marie that 6 boats and a couple of Sea Doo’s
will not make the property any safer.

Mr. Columb said that this is a great beach and it is a great place for the kids.

Mr. Columb said that he believes there are safety and health concerns and that the quality of the lake
will be jeopardized.  He said that he would hate to see this area look like Green Harbour.

Chairman Young suggested that Mr. Hart and all of the interested parties try to get together to discuss
alternative plans.

Mr. Hart responded by saying that he has always considered himself a fair person and he would like to
do something that would make everyone happy.

The Commission members decided to table this matter until the following meeting.

          Note:     Chairman Young asked that Mr. Graham Bailey be pushed towards the front of the
          agenda because of the long meeting schedule.

Item # 9 — Presentation of the Lake George Open Water Swim:  Graham Bailey

Graham Bailey presented information regarding the 2007 Open Water Swim on Lake George to the
Commission members.  Mr. Bailey said that the 2007 Open Water Swim is scheduled for June 30 and
July 1.

Mr. Bailey said that his objective is to re-create the 1927 swimming marathon that started in Hague and
ended at the Fort William Henry.  He said that only one swimmer finished the race in 1927.

Graham Bailey said that the 2007 Open Water Swim will benefit Lake George in the following ways:
the swim would help to promote swimming as a competitive sport and a healthy recreational activity;
the marathon will also celebrate the 80th anniversary of this event and will celebrate Hague’s
bicentennial and would showcase Lake George to promote tourism and the pristine quality of the lake.

Mr. Bailey is looking to the Commission for some assistance from the Marine Patrol to help control the
area and make sure it is safe for the swimmers involved in the marathon.  He said that he has already
spoken with the Warren County Sheriff’s office and they have agreed to help with the swim marathon.

A discussion continued among Mr. Bailey, Lieutenant Schneider, Daniel Belden and the Commission
members regarding safety issues, communication issues, water conditions, insurance requirements
and marathon schedules.

The Commission members expressed a number of scheduling and interference concerns.  They noted
that the project relied upon volunteer escort boats that had yet to be recruited.  Also, that there was no
written details about coordination, communication, postponement due to weather, or emergency
response.  There was particular discussion of the safety of the swimmers and the difficulties in
protecting them especially in congested areas of the lake.

The Commission reserved it’s decision on support of the event and on providing marine patrol escorts.
Members indicated that they wanted to see many more answers in a written plan be developed.  They
also advised Mr. Bailey to work closely with Lieutenant Schneider to develop the specific plans and
protocols. 

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 Commission members for their review.  He asked if there were any questions on
the report.  There were none.

On the motion of Roger Phinney, seconded by Shauna DeSantis, all members present voting
affirmatively, the December Fiscal Actions Report was approved as submitted.

Resolution 2007-01 — Purchase of 2007 Annual Registration Decals

Thomas Conerty read and moved to approve Resolution 2007-01 which was seconded by James
Kneeshaw 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 2007
          annual boat and wharf decals, and

          WHEREAS   the purchase procedures for the 2007 annual boat and wharf decals have been conducted in
          accordance with the State Finance Law and the Commission’s Internal Control Program, and

NOW THEREFORE BE IT RESOLVED THAT the Commission approves the purchase of the 2007 boat and wharf
decals not to exceed five thousand dollars ($5,000.), and

FURTHER RESOLVES that the Chair is authorized to execute a purchase order for such 2007 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 2007-02 — Mailings Made Easy

Thomas Conerty read and moved to approve Resolution 2007-02 which was seconded by Kenneth
Parker and all Commission members present voted affirmatively to approve the resolution.

          WHEREAS   the Lake George Park Commission sends out Applications to Annually Register Docks, Moorings
          and Boats, and

          WHEREAS   over 10,000 applications will be mailed, and

          WHEREAS   to economically process the mailings of these notices, the use of a mail pre-sort firm is utilized, and

NOW THEREFORE BE IT RESOLVED that the Chairman is hereby authorized to approve payment not to exceed
$4,100.00 for Mailings Made Easy of Glens Falls for postage, processing and bulk mailing of the 2007 Annual
Registration forms.

Item #4 — Project Review Resolutions

Resolution 2007-03 — Acceptance of the Project Review Report

Thomas Morhouse read and moved to approve Resolution 2007-03 which was seconded by Shauna
DeSantis and all Commission members present voted affirmatively to approve the resolution.

          WHEREAS   the Commission has received and reviewed the Project Review Actions Report prepared by staff and
          dated January 9, 2007, and;

          WHEREAS   the Project Review Committee recommends acceptance of the Project Review Actions Report.

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

Item #5 — Law Enforcement Committee Report:  Thomas K. Conerty 

Thomas K. Conerty reported that there was an enforcement meeting and called upon Lieutenant
Schneider to give his report.

Lieutenant Schneider said that a discussion about the Open Water Swim for 2007 had taken place and
also a discussion involving repeated vandalism of the Lake George Park Commission repeater.

Lieutenant Schneider said that active enforcement cases were also discussed.

Resolution 2007-05 — Law Enforcement Report

Thomas K. Conerty read and moved to approve Resolution 2007-05 which was seconded by Kenneth
Parker and all Commission members present voted affirmatively to approve the resolution.

          WHEREAS   the Law Enforcement Committee met January 23, 2007 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 2007-07 — Boat Berthing at Snug Harbor Marina, Ticonderoga, NY

          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 $2,000 in total for the berthing of a single boat berthing slip at Snug Harbor Marine, Inc. in the Town of
Ticonderoga.

Item #6 — Acknowledgment of Loftus Ross Report:  Michael P. White 

Michael White addressed the Commission members and said that the Loftus Ross report was sent out
and he hoped that they had a chance to review it.  He explained that this review is an important
component of the Commission’s internal control program.  He asked if there were any questions on the
report.  There were none.

          Whereas   the Lake George Park Commission previously retained the firm of Loftus, Ross & Co., LLP to
          perform a review of the Commission’s 2005-2006 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 2005-2006.

Item #8 — Stormwater Management Report:  Michael P. White 

Michael White gave a report on the Stormwater Program and referred to a written summary of actions
which was given to each of the members for their review.

Lake Level

Michael White reported that the lake level today is 3.21

Item #9 — Please See Above for Presentation By Graham Bailey — 2007 Open Water Swim

Item #10 — Public Comments

Lake George Association

No comments.

Lake George Watershed Conference

Not present.

The FUND for Lake George, Inc.

Not Present.

Lake George Waterkeeper

No comments.




Item #8 — Adjournment

There being no further business, on the motion of Thomas Conerty, seconded by James Kneeshaw, all
Commission members present voting affirmatively, the meeting was adjourned.

                        Respectfully submitted,



                        Michelle D. Way
                        Keyboard Specialist 1




     Secretary’s Note:    The next Commission meeting is scheduled for Tuesday, February 20, 2007, 10:00
a.m. at the Fort William Henry Conference Center, Lake George, NY.