Lake George Park Commission
23 January 2007
Fort William Henry Conference Center
Lake George, NY
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
Roger Smith, Conservation
Operations Supervisor II
Environmental Analyst II
Michelle Way, Keyboard
Keith Fish, Director of
Andrea L. Maranville, Director of Governmental &
Commission Counsel Present: Martin Auffredou
Mary Alice Leary Sylke
Farbman Kathy Bozony
Chris Navitsky Donald
Edward McConville David Colomb
Agnes Nolan Anthony Hall
Wayne Smith Gary
Graham Bailey Daniel Belden
Chris Ballantyne Walt
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
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
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
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
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
Chairman Young asked Mr. Smith who pays for the taxes on the Town
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
Mr. Smith replied and said that he believed there are about 7 boats
moored on the northern side of the
The Commission members continued to discuss the previous issues with
Chairman Young asked if there was anyone else present to speak on
behalf of this project or against
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
James Kneeshaw asked Mr. Rehm if there is or was an agreement set up
between Ms. Nolan and the
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
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
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
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
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
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
Note: Chairman Young asked that Mr. Graham
Bailey be pushed towards the front of the
of the long meeting schedule.
Item # 9 — Presentation of the Lake George Open Water Swim:
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
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
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
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
Wharf, Mooring and Boat Registrations, and
WHEREAS the Internal Control Program procedures set forth
that boat and wharf registration decals are
internal control documents necessary for the recording and audit of
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
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
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
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,
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.
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
Lieutenant Schneider said that active enforcement cases were also
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
Commission’s Marine Patrol and the Commission's Law Enforcement
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
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,
WHEREAS the Lake George Park Commission maintains an eight
(8) vessel Marine Patrol force charged with
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
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
Item #6 — Acknowledgment of Loftus Ross Report: Michael P.
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
consistency with New York State guidelines and a test of adherence to
Whereas the report by Loftus, Ross, LLP of financial
statements and internal controls has been received and
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.
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
Lake George Watershed Conference
The FUND for Lake George, Inc.
Lake George Waterkeeper
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
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,