DECEMBER 13, 2021
The twenty-third regular meeting of the Board of Trustees of the Village of Lakewood, N.Y., was held Monday, December 13, 2021, 6:30 PM, with Mayor Randall G. Holcomb presiding. Trustees Ellen E. Barnes, and R. Richard Fischer were also present. Trustee Edward J. McCague, Trustee Douglas L. Schutte and Village Attorney John I. LaMancuso participated via Zoom.us. Also present were Village Clerk Mary B. Currie, Village Treasurer Apryl L. Troutman, Police Chief Christopher DePonceau, Fire Chief Kurt Hallberg and Building Inspector Jeff Swanson. Absent was DPW Supervisor Thomas Pilling.
APPROVAL OF MINUTES
Motion by Trustee Fischer, seconded by Trustee Barnes, to approve the minutes of the last regular meeting of the Board of Trustees held November 22, 2021.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
AUDIT OF CLAIMS
Motion by Trustee Fischer, seconded by Trustee Schutte, that the claims as audited by the Board of Trustees for the abstracts dated December 13, 2021, be approved and that the Clerk shall execute said abstracts (#29 & #29) and direct payment by the Treasurer. General Fund: $ 5,001.89 (checks
#18394 through #18396), Trust & Agency Fund: $ 58,591.30 (check #6137). Abstract #30, General Fund: $ 123,364.09 (checks #18398 through #18449). Voided check #18429, M&T Bank ACH.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
REPORTS
Police Chief Christopher A. DePonceau reported the Lakewood-Busti Police Department has had four hundred fifty-three incidents from November 22, 2021 to December 13, 2021.
Chief DePonceau recognized Sergeant William Cummings and Officer Joshua Summers for the outstanding job they did in assisting the Lakewood Fire Department with a structure fire at 19 Owana Way.
Chief DePonceau said after this next pay period his overtime budget will be depleted and asked if any of the APRA money could be used towards payroll for his department. He said one of the main reasons his budget is over is because he has had some of his full time officers out with COVID and has had a lack of availability by the part time officers to fill those shifts.
Fire Chief Kurt Hallberg reported the Lakewood Volunteer Fire Department has had nine hundred thirty-four alarms year to date with seventy of those since the November 22, 2021 meeting.
Chief Hallberg said the Lakewood Fire Department has had two serious incidents within the last couple weeks, one of which was a structure fire at 19 Owana Way, he said luckily no one was at home at the time but the house is a complete loss.
Chief Hallberg also thanked Officers Cummings and Summers for their assistance during the fire and said they were a great help to the department.
Chief Hallberg said Friday night there was a fatal motor vehicle accident on E. Terrace Ave. where a pick-up truck sheared off a telephone pole and tree, then the vehicle became engulfed in flames.
Mr. Michael Looker, 15 Owana Way, said on behalf of all the neighbors of 19 Owana Way, he would like to thank Chief Hallberg and the LFD, for their quick response and getting the fire under control before any damage was done to neighboring properties.
Trustee Barnes also thanked the members of Lakewood Fire Department and the Lakewood-Busti Police Department for their quick response to calls such as these.
Building Inspector Jeff Swanson reported building permit applications and plans are continuing to come in. He said he and Village Clerk Currie just completed a F.O.I.L. request for the Chautauqua Mall which made him realize there is some organizing that needs to be done with the files in the basement. He said if things slow down this winter he would like to work at organizing and cleaning them out.
COMMITTEE REPORTS
Trustee McCague reported on the Historical Preservation Committee saying they had their first meeting which was more of an organizational meeting and in January they would like to take a tour of the History Museum.
Trustee Barnes reported for the Auditing Committee saying she and Trustee Fischer have completed the Annual Audit and indicated everything is exactly as it should be and the records look good.
DISCUSSION ON SHARED PAYMENTS FOR NEW AMBULANCE
Trustee Fischer said he would like to see the village pay their whole shared half this year instead of half this year and half next year. He said you never know what next year will bring and as long as the money’s there this year might as well get it done.
Trustee Barnes said she agrees with Trustee Fischer and said that will be one less thing we have to think about for next year’s budget.
Trustee McCague asked Village Treasurer Troutman if the village has already received $ 143,435.47 in APRA Funds and if $ 101,531.00 of that is considered lost revenue funds.
Treasurer Troutman said that is correct, of the $143,435.47 APRA funds, $101,531.00 of that is available under the lost revenue category.
Trustee McCague asked if there are any other village uses those APRA lost revenues might apply to.
Treasurer Troutman said there has been discussion on other options or needs but this is the one in the forefront. The request of $15,000.00 for EMS supplies can come out of the APRA funds that are not categorized as lost revenue because they are a direct result of COVID.
Trustee McCague asked if the revenue reduction is subject to re-calculation anytime in the future by the state.
Treasurer Troutman said the first report was due by December 31st but now has been postponed until April 2022. She said it appears they don’t really have any guidance on how to report and has heard that calculation can be redone but hasn’t heard if it will be a requirement.
Trustee McCague said the state could change any factors that would go into the calculations and suggested leaving the funds aside until more is known about the calculations.
Trustee McCague asked when the estimated delivery date of the ambulance is and if the proposed price in the contract is a not to exceed price.
Chief Hallberg indicated the ambulance is already being built and the delivery date is expected to be late January, early February 2022.
Chief Hallberg said the only way the price on the contract would change would be if the fire department were to make changes to the ambulance.
Trustee McCague asked if there is a down payment expected and if there is a trade-in value on the current ambulance.
Chief Hallberg said there is nothing in the contract about a down payment, just payment upon delivery. He indicated there is no trade-in value for the old ambulance, when the fuel tank had to be replaced the cost was equivalent to the trade-in value so the county paid for it and we agreed to sign the title over to them.
Trustee McCague said since the Fire Company and the Village will both have equity in the new ambulance, how will it be titled.
Chief Hallberg said usually when the Fire Company buys a vehicle they turn it over to the Village and the Village insures it, so it should be titled to the Village of Lakewood.
There was much discussion on the Lakewood Fire Department to begin charging for EMS calls in the future.
RESOLUTION #210-2021 – AUTHORIZE SHARED PAYMENTS FOR AMBULANCE
Motion by Trustee McCague, seconded by Trustee Schutte, that the Board of Trustees of the Village of Lakewood hereby agrees to share/split the cost of a new Lakewood Fire Department ambulance, to be purchased as specified through Northeastern Rescue Vehicles, Inc., Syracuse, NY, with the Lakewood Fire Company in the amount, not to exceed $ 102,843.56, on the condition that APRA lost revenue funding is timely received by the village and that those funds may legitimately be used by the Board of Trustees to meet its portion of the purchase price.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #211-2021 – AUTHORIZE FINAL PAYMENT FOR THE AMBULANCE
Motion by Trustee McCague, seconded by Trustee Schutte, that the Board of Trustees of the Village of Lakewood hereby agrees to escrow $ 102,843.56 for the purpose of Resolution #210-2021 and agrees to release the funds when the final payment is due for the new ambulance.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
Trustee Schutte asked Chief Hallberg if he knows what the next vehicle the fire department will need to replace will be and if he has an estimated time of when it will be.
Chief Hallberg said it is designated to be E-372, which is a 2000 American LaFrance Pumper and will need to be replace around the year 2025.
RESOLUTION #212-2021 – AUTHORIZE FUND TRANSFER
Motion by Trustee Barnes, seconded by Trustee Fischer, to authorize Village Treasurer Apryl L. Troutman to make the following fund transfer to cover the net insurance deductible for the necessary fuel island repairs, $ 2,250.00 from T-1093.72 {Fuel Facility Reserve Fund} to A-5110.40 {Street Maintenance – Contractual}.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #213-2021 AUTHORIZE FUND TRANSFER
Motion by Trustee Fischer, seconded by Trustee Barnes, to authorize Village Treasurer Apryl L. Troutman to transfer $ 15,000.00 into A-3410.49 {LFD-EMS Supplies} from the portion of the ARPA funds which are not allocated for lost revenues.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #214-2021 AUTHORIZE MID-YEAR BUDGET TRANSFER
Motion by Trustee Fischer, seconded by Trustee McCague, to authorize Village Treasurer Apryl L. Troutman to make the following mid-year budget transfer for a budget shortfall: $ 3,000.00 from A-5110.40 {Street Maintenance – Contractual} to A-5110.46 {Street Maintenance – Tree Service}.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #215-2021 – AUTHORIZE BUILDING OFFICIALS CONFERENCE ATTENDANCE
Motion by Trustee Barnes, seconded by Trustee Fischer, authorizing Building Inspectors Jeff Swanson and Dave Wilfong to attend the Finger Lakes Building Officials Assoc., Inc. annual Educational Conference, to be held in Rochester, N.Y., March 14th – 16th. Mr. Swanson and Mr. Wilfong will be reimbursed for any necessary expenses incurred.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #216-2021 – CANCEL NEXT REGULAR MEETING OF THE BOARD OF TRUSTEES
Motion by Trustee Fischer, seconded by Trustee Schutte, for the Board of Trustees to cancel the next regular meeting of the Board of Trustees, which is scheduled for Monday, December 27th and reconvene at the Annual Organizational Meeting to be held Monday, January 10, 2022, plus ask that the members of the Board of Trustees approve any and all outstanding bills/claims for payment the last week in December.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #217-2021 – APPROVE LAKEWOOD FIRE DEPARTMENT CHIEFS 2022
Motion by Trustee Fischer, seconded by Trustee McCague, for the Board of Trustees acting as the Board of Fire Commissioners to approve the following Lakewood Fire Department Fire Chief positions for 2022. Fire Chief: Kurt Hallberg, First Assistant Fire Chief: Steve Smouse, Second Assistant Fire Chief: Dave Joy.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #218-2021 – APPROVE AMENDMENT TO BORDER PATROL AUGMENTATION AGREEMENT
Motion by Trustee Fischer, seconded by Trustee McCague, for the Board of Trustees to approve the amendment of the agreement between the Village of Lakewood and the County of Chautauqua regarding Border Patrol Augmentation/Homeland Security by extending the term through August 31, 2022. All other terms and conditions of said agreement shall remain in full force and effect.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
ANYONE TO BE HEARD
Mr. Michael Looker, 15 Owana Way, asked where the board was with correcting the problem of people falling due to the two curbs on Chautauqua Ave. He said the safety of the public needs to be considered above anything else.
Mayor Holcomb said there have been railings attached to planters and placed all along one of the curbs with the intent of making people aware that there is a step. He said the Board of Trustees will be meeting in executive session to discuss any other options the village might consider.
Trustee Barnes wished to thank Trustee McCague and Trustee Schutte for their service as Village Trustees for the past four years and said it has been an honor to serve with them.
Mayor Holcomb agreed with Trustee Barnes and thanked Mr. McCague and Mr. Schutte for all the projects they have been involved with and the years of service they have given.
Trustee Fischer also thanked Trustees McCague and Schutte for their knowledge and help they have given him over the last couple years.
Motion by Mayor Holcomb, seconded by Trustee Barnes, to recess the regular meeting at 7:28 PM, so as to enter into executive session to discuss a legal matter.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
EXECUTIVE SESSION
Present at the executive session, were Mayor Randall G. Holcomb, Trustee Ellen E. Barnes, Trustee Douglas L. Schutte, Trustee R. Richard Fischer, Trustee Edward J. McCague, Village Attorney John I. LaMancuso, Village Clerk Mary B. Currie and Village Treasurer Apryl L. Troutman.
EXECUTIVE SESSION (Adjournment)
Motion by Trustee Schutte, seconded by Trustee McCague and unanimously carried to adjourn the executive session and re-open the regular meeting of the Board of Trustees at 8:02 PM.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
Motion by Trustee Barnes, seconded by Mayor Holcomb and unanimously carried to adjourn the regular meeting of the Board of Trustees at 8:03 PM.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
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Mary B. Currie
Village Clerk