Lake George Park Commission

Meeting #365

20, May 2008

Holiday Inn

Lake George, NY


 

Presiding: Bruce E. Young, Chair

Commission Members Present: Thomas K. Conerty

John A. Pettica

Thomas J. Morhouse

Kenneth W. Parker

Roger H. Phinney

Thomas W. Hall

James T, Kneeshaw

 

Commission Members Absent: John C. McDonald

 

Commission Staff Present: Michael P. White, Executive Director

Lt. Thomas J. Caifa, Law Enforcement Director

Molly Gallagher, Environmental Analyst II

Keith G. Fish, Operation’s Director

Roger R. Smith, Conservation Operation’s Supervisor II

Peggy Stevens, Principal Account Clerk

 

Commission Counsel Present: Martin Auffredou

 

Others Present:

Mark DelSignore Lenny Chiriboga Francine Nemer Kathy Bozony

Robert Sinnott Dave Floyd Peter Bauer Mary Alice Leary

David Cederstrom

 

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

The 365th meeting of the Lake George Park Commission was called to order by Chairman Young at 10:10 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 were none.

On the motion of John Pettica, seconded by Ken Parker, all Commission members present voted affirmatively to approve the minutes of the previous meeting.

 

Item #2 — Fiscal Actions Report for April 2008: Peggy Stevens

Chairman Young said that the Fiscal Actions Reports for April 2008 was submitted to the members for

their review. He asked if any members had questions on the report. There were none.

On the motion of Thomas Morhouse, seconded by Kenneth Parker, all members present voting

affirmatively, the April 2008 Fiscal Actions Reports was approved as submitted

Item #3 — Project Review — Public Comments on Pending Applications and Project Review

Resolutions: Molly Gallagher

Molly Gallagher read from a prepared statement regarding Project Review Procedures (attached).

Resolution 2008-23 — Project Review Actions Report

Thomas Morhouse read and moved to approve Resolution 2008-23 which was seconded by Kenneth

Parker, all members present voting affirmatively.

WHEREAS the Commission has received and reviewed the Project Review Actions Report prepared by staff and dated May 5, 2008, 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.

Class A Marina Renewal submitted by Thunderbird Motel of Lake George, Town of Lake George,

County of Warren

Molly Gallagher introduced this project. She said that this is an existing Class A Marina that is up for

renewal.

Mark DelSignore spoke on behalf of the Thunderbird Motel of Lake George, Inc. He said that he and

his client are opposed to the modification. He said that there is already no permitted docking on the

south side and no change in the number of docks. He also said that there has never been any

enforcement action against the Thunderbird Motel.

Mr. DelSignore said that they would like to keep the dock open. He said that the access road that has

been referred to has been documented as a historical use. He also said that Mike Muller and Kathy

Simmes are happy with where the dock is located.

Mr. DelSignore also added that the dock is important for safety issues and would like to make

sure that no barriers are put in place. He asked that the Commission members reconsider the

placement of a barrier and said that the barrier placement would be extreme.

Robert Sinnott spoke about the access road issue. He said that the Town of Bolton has a reserved

right to that area on Brereton Road. He added that the road has been used as a town access road

since 1974.

Mr. Sinnott said that the dock located at the Thunderbird Motel interferes with the emergency access.

He also said that in the May 6 minutes of the Town of Bolton they are reserving their riparian rights.

Chairman Young asked if anyone from the Town of Bolton was present to speak or if they sent in any

correspondence regarding this application. He also asked if the Town of Bolton had any legal actions

to remove the dock.

Mr. Sinnott spoke again and said that he objects to the whole dock but if a permit is issued he would

like to see that the permit not include the dock on the south side.

Martin Auffredou said that he is unsure what Bolton meant by saying that they are "reserving their

riparian rights." He also said that this issue is between the Town of Bolton and the property owner

and he is not comfortable with excluding the dock.

Chairman Young said that the last time this marina was brought up for renewal they considered the

safety aspect. He said that he was under the interpretation that there was no berthing on the south

side at all.

Roger Phinney spoke about the sign at the Thunderbird regarding boat rentals.

Lenny Chiriboga said that the sign is just for customers staying at the resort. He said that the rentals

are not for the public - only for guests of the motel. He added that the sign was there to list the

amenities found at the motel.

John Pettica spoke about the fact that he does like the idea of a physical barrier.

Thomas Conerty said that he also does not like the idea of a barrier.

Jim Kneeshaw discussed the boathouse located on the property. He said that the boathouse has been

there for at least 100 years.

Thomas Hall said that he is not in favor of use on the south side of the dock and thinks that a physical

barrier is a bad idea. He also said that it should be made very clear that there is absolutely no use of

the south side of the dock.

Lenny Chiriboga said that nothing has changed at the motel. He spoke about putting up a barrier

versus not putting up a barrier. He also spoke about the liability issues if a barrier is put up.

Mr. Chiriboga said that if they are vigilant then they can keep people off of the dock.

Chairman Young said that he agrees with Mr. Chiriboga but does not believe that, that will work.

Kenneth Parker made a suggestion that there be no physical barrier and said that there should be a

sign that the dock is not allowed to be used.

A discussion continued regarding physical barrier elimination in the resolution, the explanation of

"rafting."

Resolution 2008-24 — Thunderbird Motel of Lake George

Thomas Morhouse made a motion to approve the application which was seconded by Thomas Conerty

and all Commission members present voted affirmatively with the following three conditions:

1. No use of the south side of the southern most dock.

2. Permittee shall post signs on the dock which are acceptable to staff.

3. The "No rafting allowed." is removed from the permit conditions.

WHEREAS the applicant has applied for a permit to renew an existing Class A Marina; and

WHEREAS the Lake George Park Commission has reviewed the application, supporting documents, comments received and other information which appears in the record; and

WHEREAS the Commission has made a determination pursuant to 6NYCRR 645-3.6 and the State Environmental Quality Review Act 6NYCRR 617.5 that the project is a Type II action and does not require further review of potential environmental impacts pursuant to this act; and

WHEREAS the action is considered to be a Major project pursuant to 6 NYCRR 645-5.3 and public notice has been published and distributed; and

WHEREAS the applicant has demonstrated that the facility complies with the Class A Marina requirements of 6 NYCRR 646-1.2; and

WHEREAS the Commission finds that the project will have no adverse impact on the health, safety or welfare of the public, the environment or the resources of the Park; will not alter the essential character of the area in which it is proposed; will not lead to congestion in the Park and will not have an undue visual, cultural or audible impact on the neighborhood or the Park.

NOW THEREFORE BE IT RESOLVED that the Lake George Park Commission hereby resolves to approve the above application and

authorize staff to issue a permit based on the May 5, 2008 draft permit with the following modified condition:

34. There shall be no use of the south side of the southern most dock. The permittee shall post signage on the south side of the dock advising boaters of this prohibition and make structural changes designed to preclude berthing, the design of which is subject to approval by Commission staff.

 

Item #4 — Internal Control Update: Michael P. White

Thomas Conerty read and moved to approve Resolution 2008-25 which was seconded by James

Kneeshaw and all Commission members present voted affirmatively.

WHEREAS the Internal Control Program of the Lake George Park Commission is enacted in accordance with the Governmental Accountability, Audit and Internal Control Act of 1992. It includes management objectives, training and written procedures, and

WHEREAS the internal controls have been developed and implemented in the context of a range of New York State financial and human resource controls, procedures and requirements, and

WHEREAS in order to carry out the effective management of the agency on a day-to-day basis, the Commission has enacted authorization limits for its officers to approve payments by the State Comptroller — $2,500.00 for the Chair and Vice-Chair and $1,000.00 for the Executive Director, and

WHEREAS payments are processed through the Commission’s Principal Account Clerk and OSC who have separate audit and reporting responsibilities. Each month, expenditures and revenues are reconciled with the Office of the State Comptroller reports. Each payment is reported monthly to the Commission by vendor name and amount, and

WHEREAS the Commission finds that increasing the expenditure limits to $1,500.00 for the Executive Director and $3,000.00 for the Chair and Vice-Chair would allow for the prompt handling of several types of regular expenses for the agency.

NOW THEREFORE BE IT RESOLVED that the Commission hereby amends its internal control program to raise expense authorization limits

as follows:

Chair & Vice-Chair û $3,000.00

Executive Director û $1,500.00

Item #5 — Law Enforcement Committee Report: Lt. Thomas J. Caifa

Thomas Conerty said that a Law Enforcement Committee meeting was held and turned to Lieutenant

Caifa to speak about the meeting.

Lieutenant Caifa said that the Law Enforcement Committee meeting was called to order at 9:00 a.m.

where they discussed on-going enforcement cases and boat lift issues.

Lieutenant Caifa also discussed interviews to be held on May 30th at the Commission office and said

that Raymond VanAnden has been promoted to Marine Patrol Sergeant.

Thomas Conerty read and moved to approve Resolution 2008-26 which was seconded by Roger

Phinney and all Commission members present voted affirmatively to approve the resolution.

WHEREAS the Law Enforcement Committee met May 20, 2008 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 2008-27 — Purchase of Engines for Patrol Vessels

Thomas Conerty read and moved to approve Resolution 2008-27 which was seconded by Roger

Phinney and all Commission members present voted affirmatively.

WHEREAS the Lake George Park Commission’s Enforcement Committee has reviewed the status of the Marine Patrol vessels for the upcoming 2008 season, and

WHEREAS the Committee has identified the need for a replacement outboard engine for patrol vessel 106 and an additional outboard engine for the new patrol vessel, and

WHEREAS the mission of the Commission requires the continued operation of the Marine Patrol, and this Patrol unit is essential to that operation at its present level, and

WHEREAS Commission staff has prepared specifications for two outboard engines and has submitted those specifications to various suppliers of such engines.

NOW THEREFORE BE IT RESOLVED that the Commission is hereby authorized to allocate funds not exceeding $25,000 in total for the

purchase of two new Marine Patrol vessel engines, and

BE IT FURTHER RESOLVED that the Commission is authorized to solicit cost estimates from the suppliers of such engines, and

BE IT FURTHER RESOLVED that the Executive Director is authorized to execute a purchase order for said engines consistent with the

findings and requirements of the State Finance Law and Office of Standards and Purchase of the Office of General Services procurement

guidelines.

Resolution 2008-28 — Purchase of Replacement Vessel

Thomas Conerty read and moved to approve Resolution 2008-28 which was seconded by Jim

Kneeshaw and all Commission members present voted affirmatively.

WHEREAS the Lake George Park Commission’s Enforcement Committee has reviewed the status of the Marine Patrol vessels for the upcoming 2008 season, and

WHEREAS the Committee has identified the need for a replacement Marine Patrol vessel, and

WHEREAS the mission of the Commission requires the continued operation of the Marine Patrol, and this Patrol unit is essential to that operation at its present level, and

WHEREAS Commission staff has prepared specifications for a replacement vessel and has submitted those specifications to various suppliers of such vessels.

NOW THEREFORE BE IT RESOLVED that the Commission is hereby authorized to allocate funds not exceeding $36,000 in total for the purchase of a new Marine Patrol vessel to Edgewater Power Boats of Florida, and

FURTHER RESOLVES that the Commission is authorized to solicit cost estimates from the above mentioned supplier of such vessels, and

FURTHER RESOLVES that the Executive Director is authorized to execute a purchase order for such replacement patrol vessel consistent with the findings and requirements of the State Finance Law and Office of Standards and Purchase of the Office of General Services procurement guidelines.

Resolution 2008-29 — Boat Slip at Hall’s Marina

Thomas Conerty read and moved to approve Resolution 2008-29 which was seconded by Kenneth

Parker and all Commission members present voted affirmatively.

WHEREAS the Lake George Park Commission’s Enforcement Committee has reviewed the status of the Marine Patrol vessels for the upcoming 2008 season, and

WHEREAS the Committee has identified the need for a boat slip to berth patrol vessel 108 now that Sergeant Rooney has retired and his dock space is no longer available, and

WHEREAS Halls Marina in the Village of Lake George has agreed to supply said boat slip at a discounted rate, and

WHEREAS the presence of a patrol vessel at the south end of the lake would provide better service to boaters in what is the busiest area of the lake, and

WHEREAS both Sergeants and the Lieutenant would have more convenient access to the lake in cases requiring a quick response, and

WHEREAS the mission of the Commission requires the continued operation of the Marine Patrol, and having a patrol presence in this location is essential to that operation at its present level, and

WHEREAS Commission staff has researched other options and found none better.

NOW THEREFORE BE IT RESOLVED that the Commission is hereby authorized to allocate funds not exceeding $4,000 in total for the purchase of a boat slip at Halls Marina, and

FURTHER RESOLVES that the Executive Director is authorized to execute a purchase order for said engines consistent with the findings and requirements of the State Finance Law and Office of Standards and Purchase of the Office of General Services procurement guidelines.

Resolution 2008-30 — Purchase of Replacement Radios

Thomas Conerty read and moved to approve Resolution 2008-30 which was seconded by Kenneth

Parker and all Commission members voted affirmatively.

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 each marine vessel is equipped with a multi-channel law enforcement radios which enables officers to communicate with each other, the Commission office, other police and fire agencies and the Warren County Sheriff’s dispatcher, and

WHEREAS the Patrol is required to respond in all conditions to calls for assistance including storms, fog and in darkness, and

WHEREAS adequate radio communication is imperative for officers and public safety, and

WHEREAS the radios on the marine vessels have survived the rigors of many years of use and are due for replacement, and

WHEREAS the Commission’s Enforcement Committee concurs with the recommendation for 3 replacement radios.

NOW THEREFORE BE IT RESOLVED that the Commission hereby allocates funds in an amount not to exceed four thousand one hundred

dollars ($4,100.00) for the purchase and installation of 3 multi-channel law enforcement mobile radios, and

FURTHER RESOLVES that the Executive Director is authorized to execute a purchase order for the mobile radios consistent with the findings

and requirements of the State Finance Law and Office of Standards and Purchase of the Office of General Services procurement guidelines.

Item #6 — Public Comments

Lake George Association

No comments.

The FUND for Lake George, Inc.

Peter Bauer spoke about a discussion he had with DOT regarding stormwater issues from roads and

highways. He also spoke about the need for an engineer.

Lake George Waterkeeper

Not present.

Lake George Watershed Conference

Not present.

Public Comments

No comments.

Item #6 — Adjournment

A motion was made by Chairman Young to adjourn to Executive Session which was seconded by

Kenneth Parker.

A motion was made by Thomas Conerty to reconvene back to the regular Commission meeting.

Chairman Young said that there were no resolutions in Executive Session.

There being no further business, on the motion of Kenneth Parker, seconded by Thomas Conerty

the meeting was adjourned at 12:35 p.m.

 

Respectfully submitted,

 

 

Michelle D. Way

 

 

 

 

Secretary’s Note: The next Commission meeting is scheduled for Tuesday, June 24, 2008, 10:00 a.m. at the North Queensbury Fire Hall, Cleverdale, NY.