Lake George Park Commission

Meeting #328

30 November 2004

Fort William Henry Conference Center

Lake George, NY


PRESIDING:                Bruce E. Young, Chair



COMMISSION MEMBERS PRESENT:    Margaret M. Stewart
                        Anthony P. Reale
                        Roger H. Phinney
                        Thomas K. Conerty
                        Joan A. Robertson
                        John Pettica, Jr.
                        Shauna M. DeSantis
                        John C. McDonald, Jr.
                        (Erin M. Crotty, DEC Commissioner)
                         Thomas W. Hall, representing


COMMISSION MEMBERS ABSENT:    None


COMMISSION COUNSEL:        Martin D. Auffredou



COMMISSION STAFF PRESENT:    Michael P. White, Executive Director
                        Kathleen Ledingham, Secretary II
                        Roger Smith, Conservation Operations Supervisor I   
                        Molly Gallagher, Environmental Analyst I
                        Keith G. Fish, Operations Director
                        J. Thomas Wardell, Environmental Engineer II
                       

DEC STAFF PRESENT:            Ron Montesi


OTHERS PRESENT:

                              Anthony Hall                      Mary Alice Leary                Brian Rice
John Alden Beals                Sharon Borgos                Frank DeNardo
Courtney Tava                Cindy Tava                    Carol Collins
John T. Brothers                Susan Barden                Chris Navitsky
Doren Rockhill                Alexander Gabriels
Item #1 - Introductions, Roll Call, Minutes of Meeting

The 328th meeting of the Lake George Park Commission was called to order by
Chairman Young at 10:10 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 discussion.

Upon the motion of Maggie Stewart, seconded by Joan Robertson, all Commission
members present voted affirmatively to approve the minutes of Meeting #327 as
submitted.


Item #2 - Project Review - Public Comments on Pending Applications: 
          Maggie Stewart

Molly Gallagher read a prepared statement on project review procedures (attached).

Bruce Young said that this session of the Project Review Committee is the time for
members of the public who are either for or against a project to express their
comments.  He said that the second portion of the Project Review is reserved for
deliberation among Commission members.


Matter of Wharf Modification submitted by Bill Creighton, Town of Fort Ann,
County of Warren - #5328-6-04 and #6328-7-04

Maggie Stewart introduced this project.  The proposed project is to replace an existing
wharf with a 30' wide, 38' long, U-shaped wharf with an open-sided boatcover/sundeck
and supporting timber cribs.  The project is located in Pilot Knob in the Town of Fort
Ann and there is 91 feet of lakefrontage.  Maggie Stewart, Joan Robertson and Molly
Gallagher visited the site recently.

Frank DeNardo, representing the Creightons, addressed Commission members.  He
said that the proposed boathouse will be centered on the property and that the
applicant is looking for five feet of relief on the south side of the property.  He said that
this would make the adjoining neighbor on the north side happy. 

Michael White said that Mr. DeNardo had originally proposed a conforming dock.  He
said that the neighbor to the north has an F-shaped boathouse that is approached from
the south.  He said that a letter was received from the neighbor’s attorney asking that
the location of the boathouse be changed in order to reduce the interference that would
result. 

A discussion followed on the number of non-conforming boathouses in that area of the
lake.  Mr. DeNardo said that one-quarter of the Creighton’s boathouse is currently
located on the neighbor to the south’s property line.

The Chair asked if there were any additional comments on the project.  There were
none.


Matter of Wharf Construction submitted by Courtney & Cindy Tava, Town of
Ticonderoga, County of Essex - #1548-17-04 and #1548-18-04

Maggie Stewart introduced this project.  The project is for the proposed construction of
a new 37' wide, 46' long, U-shaped wharf, closed-sided, peak roof boathouse,
supporting timber cribs and new retaining walls.  The project is located on Black Point
Road in the Town of Ticonderoga and there is 156.60 feet of lakefrontage.

Mrs. Stewart said that she went on a site visit with Joan Robertson, Molly Gallagher and
Tony Reale to look at the project.  She said that the owners were not present.

Mrs. Stewart distributed pictures of the sites of the two applications (Creighton and
Tava) to Commission members.

Molly Gallagher said that there have been a couple of new developments on this project
in the past few days.  She said that she has been talking with the Department of
Environmental Conservation (DEC) and the Adirondack Park Agency (APA) and that
the Commission’s jurisdiction has slightly changed.  She said that she was not aware of
the fact that the applicants had applied to DEC for the seawall as well as to the
Commission.  She said that the Commission will look at the boathouse only as DEC has
assumed jurisdiction on the seawall.  She said that the APA has further jurisdiction over
the seawall as it will require a variance and that there is also a potential APA violation.

Mr. Hall asked if the APA has an interest in the boathouse.

Ms. Gallagher said that the APA has not expressed any interest in the boathouse and
that it is in the hands of their enforcement agent.  She said that it is not being looked at
as an application as the applicants have not applied to them yet.

Doren Rockhill said that he is representing the Tavas and that he is also an adjoining
neighbor.  He said that he has two interests in this project - one as a neighbor and the
other as a contractor helping the Tavas obtain their permits.

Mr. Rockhill said that he supports the project as an adjacent land owner and that the
proposal will not obstruct any of his views.  He said that the proposed project will not
have an impact to the adjacent neighbors as the shoreline is fairly straight. 

Maggie Stewart asked what the purpose of the walkway is.

Mr. Rockhill said that the purpose of the walkway is based on the very shallow depth of
the water.  “We needed to get out as far as the law would permit in order to get the
proper depth for boat storage in there - that was our main reasoning for positioning the
boathouse offshore as we did,” he said.




Mr. Young asked what the water depth is at the far outside edge of the boathouse.

Mr. Rockhill said that he believes it to be about 4 feet.

Mr. Young asked what the distance is from shore to the first pier.

Mr. Rockhill said 8 feet and then a walkway out to that.  He said that there is an
application for some shoreline work which will alter the shoreline slightly.  He said that it
is not the intent to really do much but to straighten it out a little bit.  “It looks as though
somebody had shored it up with big boulders and it’s rather unsightly.   There’s also an
erosion problem which takes place because of the size of the rocks,” he said.  He said
that he is trying to address that issue from an aesthetic point of view and also from a
practical point of view.

Tony Reale asked if the current wooden dock would be removed.

Mr. Doren said that it is not a priority for the Tavas and that under the current
regulations, it is legal.  He said that the intention is to remove it but that they don’t have
to.  He said that there are plans to remove it when their new boathouse is constructed
and that they plan to swim at the location of the old dock.

Maggie Stewart asked if the boathouse is to be close-sided.

Mr. Doren said yes.  He said that the applicants want to store boats out of the water in
the boathouse in the winter.

Mrs. Stewart said that there was a large garage on the property and asked what the
total number of boats is.

Mr. Doren said that the applicant’s hobby is restoring boats and that there are various
numbers of boats at different times.

Brian Rice, in opposition to the project, said that he owns property located to the south
of Mr. Rockhill.  He said that the project is too big, will ruin the shoreline features and
that there are no enclosed boathouses of that magnitude in that area of the lake.  He
said that he objects to concrete being poured for a retaining wall.  He said that there is
a clay base in that area of the lake and that a building of this structure will disturb the
ecological habitat.

Mr. Rice said that he would have no objection if the project were smaller and the
boathouse open-sided with perhaps with a flat roof.  He said that he does not
understand why the boathouse needs to be 8 feet off the shoreline.

The Chair asked if there were any additional comments on the project.  There were
none.
Item #3 - Fiscal Actions Report:  Peggy Sturtevant

Mr. Young said that the report on fiscal affairs for the month of October 2004 prepared
by Peggy Sturtevant was distributed in advance of the meeting.  He asked if there were
any questions or additions from Commission members.

Upon the motion of Tom Conerty, seconded by Tony Reale, all Commission members
present voting affirmatively, the Fiscal Actions Report for the month of October 2004
was accepted as submitted.

Resolution 2004-62 - Computer

Mr. White read the following resolution:

          WHEREAS   the Commission has established a network of personal computers to integrate functions and achieve
          program goals, and

          WHEREAS   this equipment must be dependable and technologically adequate for the efficient administration of
          Commission programs, and

          WHEREAS   due to wear and tear associated with everyday use these personal computers must be periodically replaced,
          and

          WHEREAS   various personal computers in current use have performed well beyond their scheduled replacement period
          and are in need of replacement.

NOW THEREFORE be is resolved that the Chairman is hereby authorized to approve the expenditure not to exceed $3,000 for
two computer systems purchased off state contract, consistent with State Finance Law and subject to pre-audit by the Office of
the State Comptroller.

Tony Reale made a motion to approve Resolution 2004-62 which was seconded by
Tom Conerty, all Commission members present voting affirmatively,


Item #4 - Stream Corridor Management and Tree Clearing:  Michael P. White

Michael White said that he previously distributed a memorandum to Commission
members recommending the engagement of a professional planner to help in the
development of rules and regulations governing stream corridor management and tree
clearing.

Mr. White said that the purpose of a senior planner would be to basically establish
contacts and gather information through local elected officials and local planning and
zoning officials relative to the Commission’s responsibilities in stream corridor
management and tree clearing.  He said that the planner would also conduct a literature
review of example studies, programs and ordinances. He said that the planner would
gather information and opinions from the Lake George Watershed Conference
members and prepare a written report including an assessment of needs, opportunities
and strategic action alternatives for Commission consideration.  He approximated a
timeframe of six to seven months running through June 2005.  He said that the amount
being requested including disbursements would be a total of $7,500.

Mr. White said that a request for quotations was sent to area firms to provide a
quotation and resume of planners who could provide these services.  He said that three
proposals were received and that it is his recommendation to accept the services of the
Chazen Companies, specifically Chris Round, Senior Planner for this task.

The Chair said that it is pretty obvious that this issue is a very major one.  He said that
although this is going outside the proposed budget, there is not sufficient manpower
within house to coordinate this.  He said that he feels that a little professional help at
this rate is important.  He said that he will certainly entertain any comments on fiscal
restraints from members.

Maggie Stewart said that Chris Round is a very good choice and that he has a lot of
experience in Queensbury.

Joan Robertson said that stream corridor management has been talked about for as
long as she has been on the Commission.  “I’m just glad that we’re getting to the point
where we can find the money to do it.  It’s very important,” she said.

Shauna DeSantis asked if staff has worked with other principal investigators in any
other firms and also asked why the Chazen Companies is being recommended above
the others.

Mr. White said that he has not worked with any other principal investigators.  He said
that he feels that the Chazen proposal is competitive and that the provider brings some
experience, not only with some personal relationships with people from the basin but
also is someone who knows the issues.

John Pettica said that he hopes that this is the first step in providing some direction
around the lake and also to the towns around the lake that are going to be affected.  He
said that he would hope that more dollars would be allocated and that the Commission
remain open to providing those dollars above what is currently proposed.

Joan Robertson said that problems such as deltas may be alleviated by the
management of the steam corridors.

Tom Hall asked if it is implied that there would actually be a strategic action plan
prepared some time after June 2005 and that whoever is hired would actually
participate in the development of that plan for approval by the Commission.

Mr. White said that there obviously are a number of next steps.  He said that what is
needed at this point is for the Commission members, together with the people in the
communities who deal with the upland issues all the time, to look for the opportunity for
a shared vision on how to proceed. 

Tom Conerty read and moved to approve Resolution 2004-60 which was seconded by
Joan Robertson.

          WHEREAS   the Lake George Park Commission is empowered pursuant to Article 43 of the Environmental Conservation
          Law to develop rules and regulations governing tree clearing and stream corridor management in order to
          preserve and protect the resources of the Lake George Park especially the superior water quality of Lake
          George, and

          WHEREAS   the Commission desires to work with local elected officials, zoning and land use officials and the public to
          assess current conditions relative to these topics and to develop a shared vision for resource protection, and

          WHEREAS   the development of a strategic action plan in close collaboration with local government officials could
          advance community capabilities and improve present conditions, and

          WHEREAS   the Commission has reviewed proposals from four planning firms to provide the services of a senior planner
          to assist the Commission in this undertaking, and

          WHEREAS   the proposal by Chris Round of the Chazen Companies offers professional services of a senior planner with
          first hand experience with the people and issues of the Lake George region at a competitive price thereby
          representing the best value.

NOW THEREFORE BE IT RESOLVED

                    that the Commission authorizes the Chair and Executive Director to retain Chris Round, Senior Planner,
          Chazen Companies to assist the Commission in preparing a strategic plan to advance community objectives
          relative to tree clearing and stream corridor management for an hourly rate of $81.00 plus disbursements for
          a total of $7,500 for the period through June 2005.

The motion on the floor, all Commission members present voted affirmatively.


Item #5 - Contractual Stormwater Management Program Inspector:                  
       J. Thomas Wardell

Tom Wardell referred to a recent memorandum sent to Commission members which
explained the need for a contractual stormwater management program inspector. 
Travel time from the Commission office to Huletts Landing, Putnam, Glenburnie, Black
Point Road, etc. costs up to 4 hours of staff time per inspection since multiple
inspections can’t always be coordinated.  Staff availability limits the number of
inspections that are performed especially in the summer when other water quality and
operation demands are present.  A locally-based, contractual service provider could
improve the program in the following ways: reduce the cost of each inspection by
significantly reducing travel time and gas costs; increase the frequency of inspection
and improve program and permit compliance; identify projects started without a permit
earlier and help abate potential water quality events; and be a contact for local builders
and improve service for contractors and applicants.  In brief, a contractor with suitable
experience, vehicle, liability insurance, camera and computer would be retained on a
combination task/hourly basis.  The deliverables would include:  a detailed inspection
report with photographs; a site check back or contractor inquiry; and a field investigation
report.
 
Roger Phinney asked if the inspector would be developing any kind of relationship with
the Town’s building permit officer to review permits that have been issued.

Mr. Wardell replied yes and said that this would alleviate some of the work that Roger
Smith performs.  He said that Mr. Smith looks over every permit that has been issued in
the Park every month and tries to make a decision whether it is jurisdictional or not.  He
said that another phase of the inspector could be making the contact at the local
offices.  Further discussion followed.

Mr. Young said that this almost ties in with the previous resolution just passed and that
it is an added budget item.  He said that the Law Enforcement Executive sessions have
been running long because of stormwater violations.  “We’re short of personnel quite
frankly.  We have restrictions on hiring permanent personnel and this is another way of
getting more help,” he said.

Tom Conerty read and moved to approve Resolution 2004-66 which was seconded by
Maggie Stewart, all Commission 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   to fulfill its mission to preserve the lake the Commission has provided in the current year budget a long-
          sought goal to retain a stormwater management program inspector.

          WHEREAS   travel time from the Commission office to Huletts Landing, Putnam, Glenburnie, Black Point Road and etc.
          costs up to four hours of staff time per inspection since multiple inspections can’t always be coordinated, and

          WHEREAS   staff availability limits the number of inspections that are performed especially in the summer when other
          water quality and operation demands are present, and

          WHEREAS   the Commission desires to retain and outside consultant with suitable experience, vehicle, liability insurance,
          camera and computer to be retained on a combination task/hourly basis, and

          WHEREAS   the deliverables from said consultant would include a detailed inspection report with photographs; a site
          check back or contractor inquiry; and a field investigation report.


NOW THEREFORE BE IT RESOLVED that the Commission hereby allocates funds not to exceed $5,000 (five thousand dollars)
per year for the services of a stormwater management program inspector, and

FURTHER RESOLVES that the Chair is authorized to execute a purchase order for services 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 #4 - Project Review:  Resolutions

Resolution 2004-63 Project Review Report

Maggie Stewart read and moved to approve Resolution 2004-63 which directs that the
Project Review Report be incorporated in full in the minutes of the full Commission
meeting.  The motion was seconded by Joan Robertson and all members present voted
affirmatively.


Resolution 2004-64 - Bill Creighton

The Chair said that two resolutions, one for and one against, are prepared ahead of
time for each project.

Maggie Stewart asked that Counsel be heard.

Mr. Auffredou said that he views this as an opportunity for the Commission to assist in
correcting a bad situation.  He said that the applicants are proposing to remove the
non-conforming dock and create a U-shaped structure.  He said that the circumstances
which impose a substantial financial, technical and safety burden are:  the location of
and orientation of the north neighbor’s dock; that there will be a substantial reduction in
the non-conformance of the existing dock; and that the proposed dock is reasonable in
scope. He asked the members to consider Environmental Conservation Law Section
43-0107 (32).  “Basically, it says if you all believe something is reasonable and
necessary, you can do it,” he said.  Further discussion followed.

Maggie Stewart read and moved to approve Resolution 2004-64 which was seconded
by Joan Robertson.

          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 Minor project pursuant to 6NYCRR 645-5.3 and public notice has been
          published and distributed; and

          WHEREAS   the applicant has applied for a permit for wharf modification; and

          WHEREAS   the applicant has requested variance from 6 NYCRR 646-1.1(c)(11) Every dock or wharf constructed shall
          have a minimum setback of twenty feet from the adjacent property line extended into the lake on the same
          axis as the property line runs onshore where it meets the lake, or at a right angle to the mean high-water
          mark, whichever results in the greater setback;
         
          WHEREAS   the applicant has demonstrated that strict conformance with the regulations will cause unnecessary hardship
          due to the following unique and peculiar circumstances which impose the following substantial financial,
          technical and safety burdens:  location of and orientation of north neighbor’s dock; substantial reduction in
          non-conformance of existing dock; and proposed dock is reasonable in scope.

          WHEREAS   the financial, technological and safety burdens of conformance with the regulations are significant and the
          burden imposed on the applicant and the public are not proportionate to any public purpose served by strict
          compliance with the rules and, the strict application of the rules could result in an unnecessary financial
          hardship to the applicant; and

          WHEREAS   the Commission finds that the project represents the minimum necessary variance required to alleviate the
          hardship; and

          WHEREAS   the Commission finds that the proposed project will have no adverse impact on the health, safety or welfare
          of the public, the environment or the resources of the Park; and

          WHEREAS   the Commission finds that the project will not alter the essential character of the area in which it is proposed
          and will not lead to congestion in the Park; and

          WHEREAS   the Commission finds that the project will not have an undue visual, cultural or audible impact on the
          neighborhood or the Park.

NOW THEREFORE BE IT RESOLVED
                    The Lake George Park Commission hereby approves the request for variance and approves the above
          application as shown on the revised project plans attached.

       
The motion on the floor, Commission members present voted as follows:

AYES:    Stewart, Robertson, Young, McDonald, Phinney, Reale, Hall, Conerty
        Pettica
NAYS:    None
ABSTENTIONS:  DeSantis


Resolution 2004-65 - Courtney & Cindy Tava

Maggie Stewart opened the floor for discussion to Commission members.

Tom Hall said that there are no close-sided boathouses in the area and that he would
not want to set a precedent for this.

Tom Conerty agreed and said that he would approve an open-sided boathouse only.

Tony Reale said that he has the same concerns and that an open-sided boathouse is
more in line with the aesthetics of the area.   He said that he is also concerned with the
off-shore distance of 46 feet.

John Pettica said that he is also opposed to a close-sided boathouse and would want
the removal of the existing dock to be part of the resolution.

John McDonald agreed that the boathouse should be open-sided.

Roger Phinney said that he feels a little different on the subject of closed vs open sided
boathouses.  He said that all boathouses shouldn’t be required to be open-sided.  “My
concern is where we’re headed with boathouses.  Does everybody have to have an
open-sided one when there are some very attractive close-sided boathouses on the
lake,” he asked.

Shauna DeSantis said that she agrees that it should be an open-sided boathouse in an
area without closed sided boathouses.  She said that she would like to have more
information on the water depth to substantiate the need for an 8' walkway.  She said
that she would like the applicants to consider removing the single pier dock and would
like to see the application coordinated with the APA’s review of shore hardening.

Joan Robertson said that a double boathouse would add to the visual congestion in the
area.  She said that she is concerned that the boathouse is of a size that can
accommodate quite a few boats.  “I would also suggest that the single pier be
removed,” she said.

Maggie Stewart said that she is opposed to the project.  She said that there are no
other close-sided boathouses in the vicinity and that it would change the character of
the neighborhood and could be precedent setting.  She said that she is also opposed to
the 8' walkway and would like to know more about the seawall.





Tony Reale said that he thinks that it would be more economical and practical to use
the existing boulders that are already there for the seawall.  He said that it is more
natural rather than using poured concrete.  “I don’t think there’s a need for a lot of
concrete around the lake if you have an alternative,” he said.

Tom Hall said that DEC is definitely interested in using natural or native material versus
concrete for the retaining wall.

Martin Auffredou recommended communication with the APA and DEC on this project.

Bruce Young said that he is not against closed-sided boathouses in general but that in
this particular area of the lake he would be.  He said that he would like to see depth
soundings and the other dock removed.

Mr. Young said that it looks like the proposal as written will be turned down.  He asked
the applicant if he wanted a decision on the application today or request that the
application be tabled for a month.  Further discussion followed.

Secretary’s Note:    The Chair announced a 5 minute break so that the applicant and
his representative could confer.

The Tavas requested that the applicable be tabled.
           
Mr. Young introduced a motion to table the application until the December 2004
Commission meeting.  The motion was made by Roger Phinney and seconded by
Maggie Stewart, all Commission members present voting affirmatively.


Item #7 - Law Enforcement: Thomas K. Conerty

Tom Conerty said that there was a Law Enforcement Committee meeting this a.m.
which was rather short and called on Lt. Schneider for a report. 

Lt Schneider said that incoming applications for Marine Patrol positions were discussed
and that applications are accepted year-round.  He said that there was also a
preliminary discussion on the Log Bay day event and how to handle it.  He said that
stormwater issues extended the length of the meeting and were discussed in Executive
Session.  There were no votes taken in Executive Session.

Tom Conerty read and moved to approve Resolution 2004-61 which accepts the report
of the Law Enforcement Committee.  The motion was seconded by Tony Reale and all
Commission members present voted affirmatively.


Item #7 - Water Quality Programs Report:  J. Thomas Wardell

Tom Wardell said that a lot of the news in stormwater is the contractual program
inspector.  He said that it is also a trial.



Mr. Young asked what the timeframe on the inspector would be.

Mr. Wardell said that he hopes that this position will get going right away.  He said that
it also does not necessarily have to be one person.  He said that there could be one
person in Ticonderoga and one in Dresden.  Further discussion followed.

Mr. Wardell said that he has been working along with Chris Navitsky on a $10,000 DEC
local highway department improvement initiative grant proposal.  He said that the
requirements for this grant would be the review of existing highway department
operations relating to runoff and erosion; develop recommendations based of their
operations; develop training for the highway department employees; and then a public
participation portion.

Lake Level Reading:

Mr. Wardell said that there are approximately a half dozen recent letters mostly from
people on the north end of Lake George on low water levels.  He said that it has been
discussed that the ice that froze to the bottom of the lake two winters ago could have
been part of the turbidity episode.  “The present concern is if water levels are low this
winter when the ice forms, water intakes could freeze up again, like 2 years ago.  The
present water levels are due to the lack of rain in the past couple months.  Power
production was ceased during this time, so an increase in water levels would only come
with more rain,” he said.

Mike White said that the water level may be something that could be discussed in a sit
down meeting with the people at the north end of the lake.

Mr. Reale said that a meeting is a very good suggestion and that the people in that area
of the lake were happy to hear from Mr. Wardell in a previous meeting when he
discussed the turbidity issue.

Mr. Wardell reported that the reading at the Rogers Rock gauge is 3.35 today.


Other Business:

Michael White reported that staff is interviewing for the position of Principal Account
Clerk.  He said that the plan is that the incoming person would overlap Peggy
Sturtevant by a couple of months for training purposes.  He said that Ms. Sturtevant’s
tentative retirement date is March of 2005 which is the absolute peak of the registration
process.  He said that there are five lateral transfers interested and that five potential
acceptors are being interviewed off the promotional list.  He said that he hopes to fill the
position by the December meeting.

Mr. White said that in order to address the fiscal aspects of having two people fill the
same position for a few months, the Clerk II position is being left open.  He said that he
is proceeding with the administrative restructuring and that the intention is a permanent
reduction in one of the year-round, full-time positions.

Mr. White also said that the water-based recreation plan contracts have been received
and approved from the State Comptroller’s Office.  He said that the first task that the
contractor has is to work with the Commission and the public to develop a final scope
for that project. 


Item #9 - Public Comments

Carol Collins, Chairperson of the FUND for Lake George, thanked members for voting
on the two resolutions today.  She said that the FUND would assist in any way they can
and suggested a meeting with Mr. Young and staff.  She asked the Commission to
consider projects that are going on and also asked the Commission to reconsider the
comments made in the five year review of the stormwater management regulations.

John Brothers distributed a poster from the Lake Champlain committee which refers to
a number of acts that individuals can do to improve the quality of the lake.  He cited
several ways in which individuals can keep the lake clean including household, lawn,
boats, cars, and hazardous wastes.

Mr. Brothers asked if it is the policy of the Commission to report accidents that take
place on the lake where there is significant property damage and/or personal injury to
the media.  He showed a picture of damage done by a pontoon boat by a jet ski.  He
asked the Commission to report these types of accidents.

Lt. Schneider said that New York State law requires that any vessel accident with
damage over $1,000 be reported.  He said that a form is filled out and forwarded to
NYS Parks, Recreation and Historic Preservation.  He said that it is not the policy of the
Commission to call the press and ask them to take a look at an accident report. 

The Chair welcomed and introduced Zandy Gabriels, Supervisor of the Town of Bolton
Landing.

Kim Bender addressed Commission members and said that she would like a few
minutes to talk about an application pending before the APA.  She said that the
application will be going to public hearing in January of 2005. 

Ms. Bender said that Nextel Partners, Inc. is proposing a 114' cell tower with 34,000
feet proposed to be cleared in Pilot Knob.  She said that she has issues with the
following:  visual, stormwater management, the need for the service, alternative sites
that were not explored, part of a hiking trail being used, the resource management land
classification and the site bordering a state forest preserve.  She cited several groups
also in opposition to the project. 

Item #10 - Adjournment

On the motion of Roger Phinney, seconded by John McDonald, all present voting
affirmatively, the meeting was adjourned at 12:00 noon.



                        Respectively submitted,




                        Kathleen Ledingham
                        Commission Secretary


                    Secretary’s Note:   The next Commission meeting is scheduled for TUESDAY,
                    December 21st, 2004 at the Fort William Henry Conference
                    Center, Canada Street, Lake George, NY.