Lake George Park Commission

Meeting #375

May 26, 2009

Holiday Inn

Lake George, NY


 

Presiding: Bruce E. Young, Chair

 

Commission Members Present:

James T. Kneeshaw

Thomas J. Morhouse

Kenneth W. Parker

Thomas W. Hall

David G. Floyd

Joe Stanek

John A. Pettica

John C. McDonald

Thomas K. Conerty

 

Commission Members Absent: None

 

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:

Barry Kincaid Jim Ralston Michel Julien Tony Hall

Mary Alice Leary Buzz Lamb Chris Navitsky Dawn Koncikowski

David Cederstrom

 

 

 

 

 

 

 

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

The 375th meeting of the Lake George Park Commission was called to order by Chairman Young at 10:05 a.m. and the roll was taken.

Chairman Young introduced James Ralston who is now the Stormwater Engineer for the Park Commission on an as needed basis.

Mr. Ralston said that the Lake George basin is uniquely beautiful and he is very pleased to be working with the Commission.

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 Joe Stanek, the minutes

of the previous meeting were approved as submitted.

 

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

Chairman Young said that the Fiscal Actions Report for April 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 John McDonald, Seconded by Thomas Morhouse, all members present voting

affirmatively, the April 2009 Fiscal Actions Report was approved as submitted.

 

Resolution 2009-23 — Truck Rental

Thomas Conerty read and moved to approve Resolution 2009-23 which was seconded by Dave Floyd, all members present voting 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 Watermilfoil, and

WHEREAS the Commission has entered into a contract for the management of Eurasian Watermilfoil with Lycott Environmental, Inc. which requires that the Commission provide and deliver benthic barrier materials to various locations around the lake, and

WHEREAS the Commission has identified the need for a long term vehicle rental consisting of a 3/4 ton, 4 wheel drive pickup truck to support the 2009 milfoil program, and

WHEREAS the rental trucks suitable for Commission purposes are not available on OGS State Contract, and

WHEREAS the Commission’s Request for Quotation sent to area car dealers/rental agencies resulted in just one (1) vendor with a truck to meet Commission needs and schedule.

NOW THEREFORE BE IT RESOLVED that the Lake George Park Commission is hereby authorized to allocate funds not exceeding $995.00 per month from June1 through August 31, 2009 not to exceed $4,000.00 for the rental, and

BE IT FURTHER RESOLVED that the Executive Director is authorized to execute a rental agreement with Hertz Equipment Rental Corporation 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 #3 — Project Review — Public Comments on Pending Applications and Project Review

Resolutions: Molly Gallagher

Operation of a Class A Marina Submitted By Michel Julien, Town of Queensbury, County of Warren

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

Molly Gallagher introduced the application for a Class A Marina permit that was submitted by Michel Julien. She said that the project is located in the Town of Queensbury, all requirements have been

met and no adverse comments were received.

Thomas Morhouse said that the application seems to be straight forward and in compliance.

Kenneth Parker said that he agrees with Tom Morhouse and believes that there will be no traffic

impact since it is in close proximity to Harris Bay.

Thomas Morhouse read and moved to approve Resolution 2009-18 which was seconded by Dave Floyd, all members present voted affirmatively.

WHEREAS the applicant has applied for a permit to operate a Class A Marina offering berthing for up to 3 vessels not belonging to the owner; 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 that the project is an Unlisted action pursuant to the State Environmental Quality Review Act 6NYCRR 617.5 and, as Lead Agency for the purposes of the State Environmental Quality Review Act, has made a determination that the project will have no significant impact on the environment; 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 as required; 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 as proposed.

 

Resolution 2009-19 — Project Review Actions Report

Thomas Morhouse read and moved to approve Resolution 2009-19 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 12, 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 — Law Enforcement Committee Report: Thomas K. Conerty

Chairman Young said that a Law Enforcement Committee meeting was held where they went right into Executive Session and discussed active law enforcement cases.

Thomas Conerty read and moved to approve Resolution 2009-20 which was seconded by Jim Kneeshaw and all Commission members present voted affirmatively to approve the resolution.

WHEREAS the Law Enforcement Committee met May 26, 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.

JDQ Enterprises — Resolution 2009-21

John Pettica read and moved to approve Resolution 2009-21 which was seconded by Dave Floyd. A roll call vote was taken.

Ayes: J. Pettica, D. Floyd, B. Young, J. Kneeshaw, T. Hall, T. Morhouse, K. Parker, Joe Stanek (8)

Nays: None (0)

Abstentions: T. Conerty and J. McDonald (2)

WHEREAS the Commission administers 6 NYCRR 646-2 which among other things, sets permit requirements and standards for parasail operation on Lake George, and

WHEREAS the Commission, in the course of this administration, investigated accidents which occurred on August 10, 2008 in which separate parasail’s operated by JDQ Enterprises became detached during a wind storm while being towed aloft affecting three parasail passengers who landed in the water near a private residence after being blown over half a mile down the lake by high winds, and

WHEREAS as a result of its investigation the Commission issued a Notice of Hearing and Complaint alleging JDQ Enterprises, Inc. with seven separate violations of the Commission regulations as more fully set forth in the attached Complaint, and

WHEREAS the Commission staff and JDQ Enterprises, Inc. have reached a tentative agreement in satisfaction of the complaint subject to the approval of the Commission.

NOW THERFORE BE IT RESOLVED that the Commission having reviewed a proposed Order on Consent in the matter of LGPC v JDQ Enterprises, Inc. (attached) approves the terms of the settlement and authorizes the Chair to execute the agreement on behalf of the Commission.

 

Item #5 — Stream Corridor Protection — Adoption of Final Generic Environmental Impact Statement (FGEIS): Michael P. White

Chairman Young said that the Commission is only approving the Environmental Impact Statement. He said that there is a long road ahead before any regulations are approved or take effect.

Martin Auffredou, Commission Counsel, gave a brief time-line of what has happened thus far regarding the Stream Corridor Initiative.

Martin Auffredou and the Commission members discussed the SEQRA process and spoke about the upcoming SAPA process. Martin Auffredou said that the Commission has a long way to go and a lot

of work ahead.

Chairman Young said that all Commissioners are clear on all aspects of this. He asked if there were any questions from the members.

Kenneth Parker spoke about a proposed time-line for future processes.

Michael White said that the time-line has been completed through this action. He said that he would

be developing a tentative schedule for the Commission to consider. Mr. White said that some of the steps and their time frames are out of the Commission’s control.

Commission members discussed the time frame in which the State activates regulations.

James Kneeshaw said that he was unable to attend the public hearings but has heard that there is very strong opposition to the regulations. He spoke about the following three (3) options that the Commission may want to consider. The first option discussed is to withdraw, the second option discussed is to push forward and the final option is the develop further language in addition to what has already been provided to cooperate, aid and assist municipalities for mutual development of the rules and regulations.

Mr. Kneeshaw said that he does not view withdraw as a viable option. He urged the Commission to consider developing additional language to encourage local government acceptance of the rules.

Thomas Conerty said that he agrees with Jim on this especially with the local governments.

Chairman Young said that he started to work with the Town Supervisors some years ago on this project. "We have made a lot of progress toward accord," he said. "I think we have consulted as best we can to this point with the knowledge that additional changes can still be made."

John Pettica said that he has been a part of this process and it was certainly put on the table for the towns to get involved.

Thomas Hall said that the staff deserves credit for taking the document and making changes to it to make it clear and easier to work with.

Thomas Conerty read Resolution 2009-22 which was seconded by Thomas Morhouse. A roll call vote was taken.

Ayes: T. Conerty, T. Morhouse, J. Pettica, J. McDonald, K. Parker, B. Young, T. Hall, J. Stanek and D. Floyd (9)

Nays: J. Kneeshaw (1)

Abstentions: None (0)

WHEREAS on January 27, 2009, the Lake George Park Commission ("Commission") accepted as complete a Draft Generic Environmental Impact Statement ("DGEIS") prepared under the State Environmental Quality Review Act ("SEQRA") for the adoption of stream corridor protection regulations for the Lake George Park in order to fulfill the purposes expressed by the New York State legislature in Section 43-0112(5) of the Environmental Conservation Law; and

WHEREAS a public hearing and comment period on the DGEIS commenced on February 24, 2009 and concluded on March 15, 2009; and

WHEREAS by resolution adopted on April 21, 2009, the Commission determined that additional time was needed to prepare the Final Generic Environmental Impact Statement ("FGEIS") for this action; and

WHEREAS the Commission has reviewed the FGEIS for the adoption of stream corridor protection regulations for the Lake George Park which incorporates by reference the DGEIS and includes revisions to the DGEIS, revisions to the draft regulations, a summary and response to public comments as well as thresholds and conditions; and

WHEREAS the Commission has determined that the FGEIS is complete; and

WHEREAS the Commission has reviewed a notice of completion of the FGEIS and a proposed written findings statement for this action.

NOW THEREFORE BE IT RESOLVED that the Commission accepts the FGEIS as complete, and hereby affords agencies and the public a reasonable period of time (not less than ten (10) calendar days), in which to consider the FGEIS before issuing the written findings statement; and

WHEREAS the Commission hereby adopts the notice of completion of the FGEIS and authorizes the Chair, Executive Director and Counsel to file, publish and distribute the notice of completion in accordance with SEQRA, and to take all other actions they deem necessary to comply with the provisions of SEQRA; and

BE IT FURTHER RESOLVED that the written findings statement for this action is hereby accepted and approved, but shall not be issued until agencies and the public have been afforded a reasonable period of time (not less than ten (10) calendar days), to consider the FGEIS, and, thereafter, the Chair, Executive Director and Counsel are authorized to issue, file and distribute the written findings statement in accordance with SEQRA;

BE IT FURTHER RESOLVED that the Chair, Executive Director and Counsel are authorized to make such minor and non-substantive modifications to the aforesaid documents as they deem necessary.

 

Item #6 — Public Comments

Mary Alice Leary, Lake George Resident

Mary Alice Leary commended the Commission on initiating conversations with DOT.

Chris Navitsky, Lake George Waterkeeper

Chris Navitsky thanked the Commission for their efforts regarding the Stream Corridor Protection Initiative. He said that the right thing to do is to move forward with this.

Chris Navitsky asked about the time period after the FGEIS is accepted. He said that the SEQR regulations do not describe what exactly this means. He also asked if the Commission is still accepting comments.

Mr. Navitsky also spoke about the SAPA documents and who is preparing them, DEC stream classification maps and discussions with DPW.

Dawn Koncikowski, Lake George Resident

Dawn Koncikowski said that she was not totally prepared today because the Agenda was not on the Commission website. She said that the public should be given more than 10 days to review the documents since the Commission got an additional month to review them.

Ms. Koncikowski said that she believes that the Commission is being influenced by the Fund for Lake George.

Barry Kincaid, Year Round Resident — Bolton Landing

Mr. Kincaid asked that the agenda be on the website so that the public can be informed.

Mr. Kincaid asked if there were any other provisions in the regulations besides the 30% rule. He asked about making an allowance for thinning to take place right up to the streams edge.

Item #8 — Adjournment

There being no further business for the regular portion of the Lake George Park Commission meeting,

Thomas Conerty made a motion to adjourn which was seconded by Thomas Morhouse. 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, June 23, 2009, 10:00 a.m. at the North Queensbury Fire House, Route 9L, Cleverdale, NY.