Lake George Park Commission
28 June 2005
Canoe Island Lodge
Diamond Point, NY
Bruce E. Young, Chair
COMMISSION MEMBERS PRESENT: Thomas K. Conerty
Joan A. Robertson
Margaret M. Stewart
John C. McDonald, Jr.
Roger H. Phinney
Shauna M. DeSantis
John Pettica, Jr.
Thomas K. Conerty
(Denise Sheehan, DEC
COMMISSION COUNSEL PRESENT: Richard Bartlett
COMMISSION STAFF PRESENT: Michael P. White, Executive
Lt. Joseph H. Schneider,
Director Law Enforcement
Keith Fish, Operation’s
Roger Smith, Conservation
Operations Supervisor I
Environmental Analyst I
J. Thomas Wardell, Senior
Michelle Way, Keyboard
Mary Alice Leary
Michael J. O’Connor
Item #1 - Introductions, Roll Call,
Minutes of Meeting
The 334th 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. He asked if there were any corrections or additions.
Upon the motion of Maggie Stewart, seconded by Tom Conerty, all
Commission members present voted affirmatively to approve the minutes
of Meeting #333 as submitted.
Item #2 - Project Review - Public
Comments on Pending Applications:
Molly Gallagher read a prepared statement (attached) on Project Review
procedures and noted that two of the applications on the agenda have
Class A Marina submitted by Barry & Leone Gipstein, Town of Bolton,
County of Warren – #5220-45-04
Maggie Stewart introduced the first project. She said that the
project is located in the Town of Bolton, County of Warren.
Molly Gallagher said that this is an application submitted by Barry and
Leone Gipstein to obtain a permit for a Class A Marina. She said
that the Gipstein’s have 153 feet of lake frontage and they are looking
to operate a marina offering berthing spaces for up to three vessels.
Chairman Young asked if there was anyone here to speak for the project.
Mr. O’Connor, from the law firm of Little & O’Connor spoke on
behalf of the applicant. Mr. O’Connor said that his clients,
Barry & Leone Gipstein would like to obtain a permit to operate a
Class A Marina. Mr. O’Connor said they would offer berthing
spaces for up to three vessels in addition to Mr. Gipstein’s
sailboat. He said that the dock has been used at the same
intensity for many years.
Mr. O’Connor said that he does not believe there is an issue with the
docks because they are pre-existing. He said that he is not sure
that the mooring is conforming but his client is willing to bring it
into compliance for use by a 26' sailboat owned by Juniper Hills
resident, Mr. Donahue.
Mr. O’Connor said there have been some objections to this project from
the neighbors to the south because they are in a small cove. Mr.
O’Connor said this is not correct and that Molly Gallagher had provided
him with some aerial photos. The photos show that this property
is on the main part of the lake. He believes that this project
should not present a problem.
Mr. O’Connor brought up another issue, the capacity of the septic
system. Mr. O’Connor said that he was told the septic system was
built for the equivalent of five bedrooms or a four-bedroom house and
Mr. O’Connor said that there is another issue that was raised a
covenant in Mr. Gipstein’s deed restricting use of the septic system.
He said it is their position that people other than the occupants of
the house can use the septic system.
Mr. O’Connor said that this would not be a public marina. He said
they would not offer any additional services other than being able to
dock the boat there and allow the boat owners to use the bathroom
facilities. He said that if they are not allowed to use the
facilities in the house then they are willing to get a port-a-potty for
the use of the customers.
Bruce Young asked if any of the Commissioners had a question for Mr.
O’Connor or Mr. Gipstein.
John Pettica referred to and asked about a picture that was included
with the application. He asked where Mr. Gipstein’s sailboat is
in relation to the mooring.
John Caffry, speaking on behalf of the Jacobi Point Owners Group, said
that the Jacobi Point Owners are a family owned corporation with
approximately sixteen members.
Mr. Caffry said he believes there is going to be a safety hazard and a
crowding hazard, particularly to the south side of the dock if this
application is approved.
Mr. Caffry brought up some other concerns of the Jacobi Point Owners
Group that included discussion about the location of the Gipstein’s
mooring, the use of the septic system, angle of the docks, and the use
of the dock.
Roger Phinney asked Mr. Caffry how many boats are located at the Jacobi
Point Owners Group and how they access the dock.
Mr. Caffry said he is not sure that the Jacobi Point Owners Group own a
powerboat, he said at the most they only have one small powerboat.
Mr. Bartlett asked Mr. Caffry about the language in the easement.
A discussion followed among the Commission members and Mr. O’Connor
about the use of the septic system.
Mr. Caffry said he believes that Mr. O’Connor is misreading the
language in the easement. He said that the easement definitely
doesn’t allow use by any other people or by commercial use.
A further discussion followed. Thereafter their were no
additional public comments on the application and the public comment
period was closed.
Moment of Silence - Honorable Ronald Stafford
Chairman Young requested that a moment of silence be taken by the
Commission and the public to honor the late Senator Ronald Stafford.
Item #3 - Fiscal Actions
Reports: Peggy Stevens
Chairman Young said that the report was sent out to all Commission
members. Mr. Young asked if there were any questions on the
Fiscal Actions Report. There was no response.
Tom Conerty moved to approve the Fiscal Actions Report for the month of
May 2005 which was seconded by Maggie Stewart. All Commission
members present voted affirmatively to approve the Fiscal Actions
Item #4 – Project Review Resolutions
Resolution 2005-40 Project Review Report
Joan Robertson read and moved to accept Resolution 2005-40 which
directs that the Project Review Report be incorporated in full in the
minutes of the full Commission meeting. The motion was seconded
by Maggie Stewart and all members 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 2005-41 – Barry & Leone Gipstein
Commission members were individually polled on this application and
were in agreement that there are still too many outstanding issues to
vote on this application today.
Maggie Stewart said that due to the increase in taxes this year more
and more mini marinas are going to be popping up. She said she
would like to see the Gipstein’s come back with another plan with only
one boat at the dock and one boat at the mooring.
Maggie also said that there would be congestion and safety concerns if
this project were approved. She said she is not in favor of this
project. She said she did not want to approve berthing space on
the south side of the dock.
Joan Robertson also agreed with Maggie. She said she believes
that if the application is approved it will cause congestion and safety
Mr. Bartlett said that it seems clear to him that with all the
discussion going on that we cannot vote on the project at this
time. Mr. Bartlett recommends tabling the application to the July
Maggie Stewart made a motion to table the Gipstein application until
the July 2005 Commission meeting and set a deadline 10 days prior to
the meeting for the submission of additional information. The
motion was seconded by Joan Robertson, all Commission members present
Item #5 – Law Enforcement: Thomas K.
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 In-service training is going on now for Marine
Patrol Officers. He said we are having repeater problems again on
Black Mountain. He hopes to have that back up by the Fourth of
Lt. Schneider said that he hopes to have the new Marine Inspectors out
by this weekend.
Lt. Schneider said that there was an Executive Session where on-going
enforcement cases were discussed.
Thomas Conerty read and moved to approve Resolution 2005-44 which
accepts the report of the Law Enforcement Committee. The motion
was seconded by John McDonald, all Commission members voting
WHEREAS the Law Enforcement Committee met June 28,
2005 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,
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 – Aquatic Plant Management:
Michael P. White
Joan Robertson read and moved to approve Resolution 2005-45 that allows
the Lake George Park Commission to update the Eurasian Watermilfoil
Management Plan. The resolution was seconded by Maggie Stewart,
all Commission members voted affirmatively.
WHEREAS the Lake George Park Commission Is
established by Article 43 of the Environmental Conservation Law to
provide a means for people who visit and reside at Lake George to
preserve, protect and enhance the unique natural and scenic resources
of the Lake George Park, and
WHEREAS the Commission has entered into a memorandum
of understanding with the New York State Department of Environmental
Conservation (1986) to convey to the Commission, specific authority for
the management of nuisance aquatic plants including Eurasian
WHEREAS to fulfill its mission to preserve the lake
and to undertake effective aquatic plant control under the
aforementioned delegation, the Commission has obtained requisite
permits, allocated funds, and retained contractors for hand harvesting,
suction harvesting, and matting of Eurasian watermilfoil, and
WHEREAS the current Eurasian watermilfoil management
plan was prepared in 1996-97 and the program would benefit from an
update of the information contained in the plan.
NOW THEREFORE BE IT RESOLVED the Commission authorizes an expenditure
of up to $5,000, to update the Eurasian watermilfoil management plan
and authorizes the Executive Director to retain appropriate contractual
services to implement the Commission’s desire in this regard.
Item #7 – Acceptance of legal counsel
for the Commission: Michael White
Tom Conerty read and moved to approve Resolution 2005-46 which was
seconded by Joan Robertson, all Commission members voted affirmatively.
RESOLUTION 2005 - 46
WHEREAS the Commission retains legal counsel under a
contractual arrangement based upon an evaluation of competitive
WHEREAS the term of the current two year agreement
expires on September 30, 2005, and
WHEREAS the Commission prepared a Request for
Proposals which was distributed to a number of area law firms and
notice of which was published in the New York State Contract Reporter,
WHEREAS four proposals were received in response to
the RFP and were reviewed by the Ad Hoc Committee on June 17, 2005 in
accordance with the methodology set forth in the RFP, and
WHEREAS the firm of Bartlett, Pontiff, Stewart and
Rhodes received the highest rating by the Ad Hoc Committee and the
Committee has forwarded its recommendation to the Commission.
NOW THEREFORE BE IT RESOLVED that the Commission accepts the proposal
of Bartlett, Pontiff, Stewart and Rhodes to provide legal services to
the Commission for the period October 1, 2005 to September 30, 2007, and
BE IT FURTHER RESOLVED that the Chair is authorized to execute a
contract with the firm to provide legal services at the hourly rates
specified in the proposal for a maximum of $51,000 per year and
$102,000 for the two year term of the agreement and is also authorized
to take such other steps in his judgement are reasonable and necessary
to implement the agreement.
Dick Bartlett wanted to mention to the Commission that it has been an
honor for him to represent and work with the Commission.
Item #8 - Water Quality Programs
Report: J. Thomas Wardell
Tom Wardell discussed a handful of enforcement cases. Mr. Wardell
discussed some of the problems that occurred because of the onset of
rain that started on June 13, 2005. He said that from June 9 - 17
we received about 10 - 15 inches of rainfall. Tom Wardell also
discussed some of the zoning ordinances for the Village of Lake George.
Lake George Village recently under went some revision’s recently,
Commission staff have reviewed the zoning provisions as they relate to
the Commission approved local stormwater regulatory program and found
that there were no substantive changes affecting stormwater.
Mr. Wardell reported that the lake level at Rogers Rock is
4.17. He said that the level of the lake is decreasing,
about an inch a day.
Item #9 - Public Comments
Lake George Association
Walt Lender, Executive Director for the Lake George Association
introduced a new employee, Kathy Bazony who will be the new Land Use
Mr. Lender also said that he commends the Lake George Park Commission
for their thoroughness and the dynamics between the Commission members.
Chris Navitsky for the Fund spoke of the recent storms in June
2005. He said he walked the streets of Bolton and did an
assessment for the Town to get an idea of the damage caused by these
Chris Navitsky said that New Vermont Road in Bolton Landing was
severely washed out. He said that the bridge has shifted about
ten feet. He said the damage represents a good reason to get the
Stream Corridor Buffer regulations in place as quick as possible.
Item #10 - Adjournment
There being no further business, on the motion of Joan Robertson,
seconded by Roger Phinney, all Commission members present voting
affirmatively, the meeting was adjourned at 11:45 a.m.
Secretary’s Note: The next Commission meeting is
scheduled for TUESDAY, JULY 26, 2005, 10:00 a.m. at the HAGUE TOWN
HALL, Route 8, Hague, NY.