Lake George Park Commission

Meeting #376

June 23, 2009

North Queensbury Fire House

Cleverdale, NY


Presiding: Bruce E. Young, Chair

 

Commission Members Present:
James T. Kneeshaw
Kenneth W. Parker
Thomas W. Hall
David G. Floyd
Joe Stanek
John A. Pettica
John C. McDonald

 

Commission Members Absent:
Thomas J. Morhouse
Thomas K. Conerty

 

Commission Staff Present:
Michael P. White, Executive Director
Molly Gallagher, Environmental Analyst II
Keith G. Fish, Operation’s Director
Roger R. Smith, Conservation Operation’s Supervisor II
Michelle D. Way, Commission Secretary
Thomas J. Caifa, Director of Law Enforcement
Peggy Stevens, Principal Account Clerk

 

Commission Counsel Present: Martin Auffredou

Others Present: Chris Navitsky

Kathy Bozony

Peter Bauer

Rosemary Pusateri

Buzz Lamb

Dick Gladu

Mary Alice Leary

Mark Schachner

Nancy Rogal

William Rogal

George Weinschenk

Robb Hickey

Walt Lender

Dave Cederstrom

Kathleen Simmes

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

The 376th meeting of the Lake George Park Commission was called to order by Chairman Young at 10:00 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. He asked if there were any corrections or submissions.

There being none, Kenneth Parker made a motion to approve, seconded by Dave Floyd, the minutes of the previous

meeting were approved as submitted.

Item #2 — Fiscal Actions Report for May 2009: Peggy Stevens

Chairman Young said that the Fiscal Actions Report for May has been submitted to the members for their review. He asked

if any members had questions on the report. There were none.

On the motion of Kenneth Parker, Seconded by Joe Stanek, all members present voting affirmatively, the May 2009

Fiscal Actions Report was approved as submitted.

Resolution 2009-25 — Supplemental Benthic Barrier Removal Contract

John Pettica read and moved to approve Resolution 2009-25 which was seconded by Joe Stanek, all members present

voting affirmatively.

WHEREAS the Commission desires to obtain professional aquatic plant management services to supplement the 2009

Lycott Environmental, Inc. work plan, specifically, the removal of benthic barrier material, and

NOW THEREFORE BE IT RESOLVED that the Commission authorizes the Executive Director to issue a purchase order to AE Commercial Diving Services in the amount of $12,000 for two weeks of benthic barrier/suction harvesting work in accordance with the attached proposal.

Item #3 — Project Review: Molly Gallagher

The Commission will Receive a Briefing on "Breakwaters" and Other Topics of Interest for Project Review

Molly Gallagher gave a brief presentation on some things that the Commission may be facing in the future. She spoke

about Wave Attenuators, Davit Lifts, Floating Boat Lifts, Frog Hooks and Drive-On Platforms.

Molly Gallagher said that someone has approached the Commission regarding the Wave Attenuators because their boat was being smashed into the dock.

Molly Gallagher said that some of the considerations that need to be looked at and made are the following:

Jurisdiction

Consequences

Aesthetics

Cumulative Impacts

Navigation and Safety Issues

A discussion continued regarding these devices and how they are anchored, jurisdiction, whether the square footage is

added to the dock or if they are considered a dock at all.

 

Resolution 2009-24 — Project Review Actions Report

Kenneth Parker read and moved to approve Resolution 2009-24 which was seconded by John McDonald, all members present voting affirmatively.

WHEREAS the Commission has received and reviewed the Project Review Actions Report prepared

by staff and dated June 9, 2009, and

WHEREAS the Project Review Committee recommends acceptance of this month’s Project Review Report.

NOW THEREFORE BE IT RESOLVED that the Commission directs that the Project Review Report be incorporated in

full in the minutes of the full Commission meeting.

Item #4 — Schedule for Next Steps: Stream Corridor Regulations

The Commission members had a discussion on the tentative schedule for promulgation of the Stream Corridor Regulations. They spoke about an additional public hearing and comment period that, realistically, could not be held before November 9, 2009.

Michael White said that following the public comment period the Commission must prepare a summary, assessment and respond to comments and make any necessary revisions. He said that the regulations could be in effect as early as January 13, 2010.

Resolution 2009-26 — Schedule of Next Steps

John Pettica read and moved to approve Resolution 2009-26 which was seconded by Kenneth Parker and all Commission members present voting affirmatively.

WHEREAS the Commission desires to advise the public of a tentative schedule for promulgation of Stream Corridor Protection Regulations, and

NOW THEREFORE BE IT RESOLVED that the Commission adopts the attached tentative schedule for promulgation of Stream Corridor Protection Regulations

Item #5 — Law Enforcement Committee Report: Thomas Caifa

Chairman Young said that a Law Enforcement Committee meeting was held and he called upon Lieutenant Caifa to discuss the meeting.

Lieutenant Caifa said that a brief Law Enforcement meeting was held where they went right into Executive Session and discussed active enforcement cases.

Lieutenant Caifa said that the Marine Patrol has been in operation for six weeks now. He said that they will start full time patrol with 3 shifts — all eight (8) patrol vessels will be in use as well as night time and weekend patrols.

Commission members asked about other patrol forces on the lake.

Lieutenant Caifa said that the Warren County Sheriff and the NYS Troopers will still be patrolling the lake so there should be no change.

John Pettica read and moved to approve Resolution 2009-27 which was seconded by Dave Floyd and all Commission members present voted affirmatively to approve the resolution.

Resolution 2009-27 — Law Enforcement Committee Report

WHEREAS the Law Enforcement Committee met June 23, 2009 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 — Public Comments

Kathleen Simmes, Bolton Supervisor

Kathleen Simmes requested that the Commission or a representative of the Lake George Park Commission attend a meeting of the Board of Supervisors on July 17, 2009 to discuss the proposed rules and regulations.

Supervisor Simmes read Resolution No. 457 which was passed on June 19, 2009 at the Board of Supervisors meeting regarding the above mentioned request.

Robb Hickey, Town of Lake George

Robb Hickey said that he has been involved with these regulations since the beginning. He said he has been present at

99% of the meetings and he has seen changes but no discussions on those changes.

Mr. Hickey said that in his view the regulations are still unclear and there are still unanswered questions such as what is a stream.

Dick Gladu, Hague Town Board Member

Dick Gladu said that Kathleen Simmes suggestion to have these regulations presented at the Board of Supervisor’s meeting is a good idea and he fully supports it.

Mr. Gladu spoke about other issues that are contributing to the deteriorating water quality such as faulty septic systems, milfoil problems, algae problems and geese.

Mark Schachner, Counsel to the Town of Lake George

Mr. Schachner said that he is Counsel to many of the local municipalities but is here specifically representing the Town of Lake George. He said that the Lake George Park Commission should carefully consider the timing of the SAPA process because many of the seasonal residences will not have an opportunity to attend a public hearing or submit comments.

Mr. Schachner added that some people will have ill will and will be led to believe that the time frame has been a diabolical plot from the Commission.

Bill Rogal, Seasonal Resident — Northwest Bay

Mr. Rogal said that he is a seasonal resident on Northwest Bay and wondered if runoff would have a cascading effect on brick retaining walls or would it have any effect at all?

Item #7 — Adjournment

There being no further business for the regular portion of the Lake George Park Commission meeting, Joe Stanek made a motion to adjourn which was seconded by James Kneeshaw. The meeting was adjourned at 11:20 a.m.

Respectfully submitted,

 

 

Michelle D. Way

 

 

Secretary’s Note: The next Commission meeting is scheduled for Tuesday, July 28, 2009, 10:00 a.m. at the Bolton Town Hall, Main Street, Bolton Landing, NY.