JANUARY 11, 2021
The Annual Organizational Meeting and the first regular meeting of the Board of Trustees of the Village of Lakewood, N.Y., was held via ZOOM.US, Monday, January 11, 2021, 6:30 PM, with Mayor Randall G. Holcomb presiding. Trustees participating were Ellen E. Barnes, R. Richard Fischer, Edward J. McCague and Douglas L. Schutte. Also participating were Village Clerk Mary B. Currie, Village Treasurer Apryl L. Troutman, Village Attorney John I. LaMancuso, Department of Public Works Supervisor Thomas R. Pilling, Fire Chief Kurt Hallberg and Building Inspector Jeffrey A. Swanson. Absent was Police Chief John R. Bentley.
Mayor Holcomb opened up the Organizational Meeting by thanking those participating via ZOOM.US for attending this evening and began the meeting with the Mayor’s Appointments.
RESOLUTION #1-2021 – REAPPOINT TRUSTEE ELLEN E. BARNES AS DEPUTY MAYOR
Motion by Mayor Holcomb, seconded by Trustee Fischer, for the Board of Trustees to confirm Mayor Holcomb’s appointment of Ellen E. Barnes as Deputy Mayor.
Adopted: 3 ayes, (Barnes, Fischer, Schutte) 1 abstain, (McCague)
RESOLUTION #2-2021 – REAPPOINT THOMAS R. PILLING AS DPW SUPERVISOR
Motion by Mayor Holcomb, seconded by Trustee Barnes, for the Board of Trustees to confirm Mayor Holcomb’s appointment of Thomas R. Pilling to a one year term as Department of Public Works Supervisor to expire January 2022.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #3-2021 – REAPPOINT JEFFREY A. SWANSON AS BUILDING INSPECTOR
Motion by Mayor Holcomb, seconded by Trustee Fischer, for the Board of Trustees to confirm Mayor Holcomb’s appointment of Jeffrey A. Swanson to a one year term as Building Inspector to expire January 2022.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #4-2021 – REAPPOINT GARY M. SEGRUE AS ZONING BOARD OF APPEALS CHAIRMAN
Motion by Trustee McCague, seconded by Trustee Barnes, for the Board of Trustees to confirm Mayor Holcomb’s appointment of Mr. Gary M. Segrue as Chairman of the Zoning Board of Appeals, to a term ending January 2026.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #5-2021 – REAPPOINT SUSAN G. LANE AS VILLAGE HISTORIAN
Motion by Mayor Holcomb, seconded by Trustee Fischer, for the Board of Trustees to confirm Mayor Holcomb’s appointment of Ms. Susan G. Lane as the Village Historian, to a term ending January 2022.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
Mayor Holcomb made his Committee and Liaison appointments as follows.
2021 MAYOR’S APPOINTMENTS
Deputy Mayor: Ellen E. Barnes
Auditing Committee: Ellen E. Barnes * Richard Fischer
Finance Committee: Doug Schutte * Richard Fischer
Streets & Sidewalks Committee: Richard Fischer * Randall G. Holcomb
Public Safety Committee: Ellen E. Barnes * Edward J. McCague
Parks & Rec. Committee: Doug Schutte * Edward J. McCague
Personnel Committee: Richard Fischer * Ellen E. Barnes
Zoning Committee: Edward J. McCague * Randall G. Holcomb
Grants Committee: Doug Schutte * Ellen E. Barnes
* Denotes Committee Chairperson
Liaison Positions:
Tree Committee Liaison: Position Open
History Museum Liaison: Doug Schutte
Events & Marketing Committee: Position Open
Comp. Plan Imp. Committee: Edward J. McCague
L.C.D.C.: Doug Schutte (Treasurer)
Lake Environmental Committee: Ellen E. Barnes
RESOLUTION #6-2021 – OFFICIAL BANKS
Motion by Trustee Schutte, seconded by Trustee McCague, per the recommendation of Mayor Holcomb, that M & T Bank, Key Bank of W.N.Y and Community Bank, be hereby designated as the official depositories for all funds of the Village of Lakewood during the ensuing year and that two (2) signatures be required on all checks, consisting of either Mayor Randall G. Holcomb or Deputy Mayor Ellen E. Barnes and either Village Treasurer Apryl L. Troutman or Village Clerk Mary B. Currie.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #7-2021 – OFFICIAL NEWSPAPER
Motion by Mayor Holcomb, seconded by Trustee Barnes, that The Post-Journal, Jamestown, N.Y., be designated as the official newspaper of the Village of Lakewood.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #8-2021 – SET MILEAGE ALLOWANCE
Motion by Trustee Fischer, seconded by Trustee Barnes, WHEREAS the Board of Trustees of the Village of Lakewood has determined to pay a fixed rate for mileage reimbursement to officers and employees of the Village of Lakewood who use their personal vehicles while performing their official duties on behalf of the Village of Lakewood, NOW THEREFORE BE IT RESOLVED that the Board of Trustees approve reimbursement to such officers and employees at a rate as calculated semi-annually by the Internal Revenue Service. The current rate per mile is $ .56. This resolution shall take effect immediately.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #9-2021 – SET REGULAR BOARD MEETING SCHEDULE
Motion by Mayor Holcomb, seconded by Trustee McCague, that regular meetings of the Village of Lakewood Board of Trustees shall be conducted on the second and fourth Mondays of each month in the Board Room of the Anthony C. Caprino Municipal Building, 20 West Summit Street, Lakewood, New York, at 6:30 PM, preceded by a 6:15 PM work session. If it is deemed necessary to change the day and/or the time of a regularly scheduled meeting or to schedule a special meeting of the Board of Trustees, the Mayor, Board of Trustees, respective department heads and the media shall be notified in writing when practicable.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #10-2021 – AUTHORIZE ADVANCE APPROVAL OF CLAIMS
Motion by Trustee Barnes, seconded by Trustee McCague, authorizing the payment in advance of certain bills for reoccurring expenses such as utility services, postage, freight and express charges, prior to them being audited.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #11-2021 – APPROVE THE PROCUREMENT CREDIT CARD PROGRAM
Motion by Trustee McCague, seconded by Trustee Schutte, upon the recommendation of Village Treasurer Apryl L. Troutman for the Board of Trustees to approve the Village of Lakewood’s Procurement Credit Card Program, as updated, due to recent personnel changes.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #12-2021 – CLOSE THE ANNUAL ORGANIZATIONAL MEETING
Motion by Trustee Schutte, seconded by Trustee McCague, to close the Organizational meeting at 6:42 PM and proceed to open the first regular meeting of the Board of Trustees.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
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 December 14, 2020.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
AUDIT OF CLAIMS
Motion by Trustee Schutte, seconded by Trustee McCague, that the claims as audited by the Auditing Committee of the abstracts dated January 11, 2021, be approved and that the Clerk shall execute said abstracts and direct payment by the Treasurer. Abstract (#31) Trust & Agency Fund: $ 45,618.38, (checks #17419 thru #17420), abstracts (#33 & #33), Trust & Agency Fund: $ 56,325.15 (checks #17427 thru #17431), General Fund: $ 51,075.17, (checks #17432 thru #17454, add on check #17421), abstract (#34), General Fund: $ 124,596.61, (checks #17536 thru #17571), ACH payment to M & T Bank.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
REPORTS
Police Chief John R. Bentley submitted the Lakewood-Busti Police Department’s Incident Analysis Report saying the L-BPD has responded to three hundred fourteen calls for the period of December 28, 2020 to January 11, 2021.
Village Clerk Mary B. Currie reported that she and Deputy Clerk Jackie Hyser participated in a webinar on LGS-1 (Retention and Disposition Schedule for New York Local Government) and as of January 1, 2021, LGS-1 replaced the old schedules which are no longer valid.
Fire Chief Kurt Hallberg reported the Lakewood Fire Department responded to eight hundred fifty-nine alarms in the year 2020 and indicated that was two hundred twelve less than they had in the year 2019. He said so far this year they have had thirty-two alarms with the first one being a motor vehicle accident at 12:05 AM, January 1, 2021. He said later that same day they had a structure fire in Cottage Park which did damage to a garage, a fifth wheel trailer and a pick-up truck but never touched the house.
Chief Hallberg said the department was called to a house to rescue a dog that was trapped in the walls of the home. He indicated the dog got in between the front of a bathtub and a wall, through a cupboard and followed the tub until he got to a piece of drywall. The firemen had to cut a piece of drywall out in order to rescue the dog.
Fire Chief Hallberg said he has had thirty members of the Lakewood Fire Department sign up for the COVID-19 vaccination.
Mayor Holcomb thanked Chief Hallberg and the Lakewood Volunteer Firemen, on behalf of every village resident, for all the calls they go to and with such quick response.
Building Inspector Jeff Swanson reported he has responded to numerous complaints in regards to 306 Oak St., that have ranged from the property owner clearing his lot, unregistered vehicles, building materials and debris from the owner fixing his foundation to the latest complaint of people parking on his yard. Mr. Swanson said he has previously sent the property owner multiple Order to Remedy Violation letters, all of which have been remedied.
Mr. Swanson said he is continuing to issue building permits and performing construction inspections and has also issued a number of Order to Remedy Violation letters. He did note that fire inspections are temporarily on hold due to COVID-19 complications.
Village Attorney John I. LaMancuso reported he has drafted a Local Law on combining the Planning Board and Zoning Board of Appeals into one newly created board and will circulate it to each of the Board of Trustees for their consideration.
Mr. LaMancuso said in order to combine the two boards there are many changes that will need to be done, beginning with removing all references to the Planning Board from the Village Zoning Code.
Mr. LaMancuso suggested postponing the public hearing until the necessary changes can be made and the Trustees have had an opportunity to review the draft on the Local Law.
Trustee Ted McCague asked Attorney John I. LaMancuso if he would briefly explain what has to happen before the two boards can sit together.
Village Attorney LaMancuso said New York State Law requires Municipalities to have a Zoning Board of Appeals if you have a zoning code or zoning laws but does not require you to have a Planning Board.
The Planning Board would have to be abolished and Zoning Board of Appeals would be kept in place with additional responsibilities.
The first step would be to change the Zoning Code to where the responsibilities of the Planning Board are transferred to the Zoning Board of Appeals and make sure the language in the code makes sense.
Then the Trustees would have to decide what the make-up of that new board would be, he thinks the Zoning Board of Appeals can only have five (5) members and two (2) alternates.
Next step, before the Local Law can be passed, there will have to be a public hearing, then after the public hearing the Board of Trustees can pass the Local Law. Once that is done, it can be sent to New York State for filing and become effective at that time.
Trustee McCague wanted to point out that the Planning Board is a referring board, whereas they make recommendations to the Village Board and the Zoning Board of Appeals is a judicial board, whereas they make the decisions on their own.
Mayor Holcomb reported he has received notice from the Chautauqua County Alliance and that the Grandview Stormwater Management Project has been granted an extension for completion until June 30, 2021.
Mayor Holcomb said the Village has received a nice thank-you note from Larry and Pat Borowski on Bentley Ave., for the removal of the tree that has been threatening their house.
OBSERVE A MOMENT OF SILENCE
Mayor Holcomb kindly asked if everyone would join him to observe a moment of silence in honor and memory of Tony Barone who passed away December 26, 2020. Mr. Barone was a long time Pharmacist in the Village, he was actively involved on many committees and the former Village Historian.
Trustee Fischer reported he has been in contact with the Community Foundation and will be pursuing a grant for new signs to be made and placed at all eight (8) entrances into the village. Mr. Fischer said he has met with Masterpiece Designs, Jamestown, NY and had a couple of sample signs drawn up for the Board members to take a look at. He also indicated the village will not be able to have all eight (8) signs done right away but will have as many as possible made, depending on if a grant is awarded.
Trustee Fischer said he has been in conversation with DPW Supervisor Tom Pilling who said his department will be happy to put the signs in place as an added savings.
ANYONE TO BE HEARD
Ms. Ruth Wahl, 106 Winchester Rd., Farmers Market Committee member, said the Farmers Market has been growing since 2017 and last summer brought approximately 225 people to Chautauqua Ave. The market manager has moved out of the area and they have been unsuccessful in finding a replacement.
Ms. Wahl said the current committee is willing to continue helping with the market but they do not have the time to be managers. She said the manager spends approximately 16 hours a week, during the summer season, managing the market and asked the board if they would consider paying a stipend of $ 2,500 to $ 3,000 for a manger.
Trustee McCague said there are hard facts/statistics that show the Farmers Market does have an economic impact on the businesses on Chautauqua Ave. He noted the market has grown significantly over the past few years and its impact is also growing. He said that has become a very important part of the economic development for the merchants on the avenue.
RESOLUTION #13-2021 – TABLE APPROVAL OF REVISED POLICIES & PROCEDURES MANUAL
Motion by Trustee Barnes, seconded by Trustee Fischer, to table the approval to the Village of Lakewood Personnel Policies and Procedures as proposed, in order to replace Article I, Section 2, (Harassment Policy), with the current policy that was adopted, February 2019, make revisions to Article VIII, Section 2, (Health Insurance Benefits) and include revision dates to the bottom of the manual, until such time the Village Attorney has had an opportunity to go over the proposed revisions.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #14-2021 – AUTHORIZE MID-YEAR BUDGET TRANSFERS
Motion by Trustee Schutte, seconded by Trustee Barnes, per the recommendation of Village Treasurer Apryl L. Troutman, for the Board of Trustees to authorize the following mid-year budget transfers for budget shortfalls: $ 2,614.57 from A-5110.40 {Street Maintenance – Contractual} to A-5110.43 {Street Maintenance – Vehicle Maintenance} and $ 1,990.14 from A-3410.40 {LFD-Contractual} to A-3410.49 {LFD-EMS Supplies}.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #15-2021 – APPOINT NEW PART-TIME POLICE OFFICER
Motion by Trustee McCague, seconded by Trustee Schutte, per the recommendation of Chief Bentley, for the Board of Trustees to appoint Mr. Brandon Curtis, Frewsburg, NY, to the vacated part-time position created by the resignation of Officer Alexander Miinte. Officer Curtis will be compensated at the starting rate of $ 16.49.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #16-2021 – AUTHORIZE THE RENEWAL OF A BOND ANTICIPATION NOTE
Motion by Trustee Schutte, seconded by Trustee McCague, authorizing Village Treasurer Apryl L. Troutman and Village Attorney John I. LaMancuso to renew a Bond Anticipation Note in the amount of $ 128,474.00, at an interest rate of 3.73%, to finance the Adoption of Section 384-e Retirement Plan for union employees of Lakewood-Busti Police Department, which represents past service cost. This Bond Anticipation Note is permissible through the NYS Finance Law 11.00(a) (100), as amended by the Laws of 2004, Chapter 260.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #17-2021 – APPROVE LAKEWOOD FIRE DEPARTMENT CHIEFS FOR 2021
Motion by Trustee Barnes, 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 2021. Fire Chief: Kurt W. Hallberg, First Assistant Fire Chief: Steve Smouse, Second Assistant Fire Chief: Dave Joy.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #18-2021 – ACCEPT RESIGNATION OF POLICE CHIEF JOHN R. BENTLEY
Motion by Mayor Holcomb, seconded by Trustee Fischer, to accept the resignation of retiring Lakewood-Busti Police Chief John R. Bentley, effective January 17, 2021. Chief Bentley has worked for the Lakewood-Busti Police Department in various capacities for forty-five years.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
Mayor Holcomb thanked Chief Bentley for his many years of service to the Village of Lakewood and the Town of Busti.
Trustees McCague, Barnes, Fischer and Schutte also congratulated Chief Bentley and thanked him for his years of service.
RECESS
Motion by Trustee Barnes, seconded by Trustee Fischer, to recess the regular meeting at 7:21 PM, so as to enter into executive session to discuss personnel matters.
EXECUTIVE SESSION
Present at the executive session, via ZOOM.US, were Mayor Randall G. Holcomb, Trustee Ellen E. Barnes, Trustee Douglas L. Schutte, Trustee Edward J. McCague, Trustee R. Richard Fischer, Village Attorney John I. LaMancuso, Village Treasurer Apryl L. Troutman, Village Clerk Mary B. Currie and Police Sergeant Chris DePonceau. Motion by Trustee Schutte, seconded by Trustee Barnes, to adjourn the executive session at 8:27 PM and reopen the regular meeting.
EXECUTIVE SESSION (Adjournment)
Motion by Trustee Schutte, seconded by Trustee Fischer and unanimously carried to adjourn the executive session and reopen the regular meeting of the Board of Trustees at 8:28 PM.
RESOLUTION #19-2021 – APPROVE THE PROMOTION OF CHRISTOPHER A. DEPONCEAU TO PROVISIONAL CHIEF OF POLICE
Motion by Trustee McCague, second by Trustee Fischer, to approve the promotion of Police Sergeant Christopher A. DePonceau, Lakewood, NY, as provisional Chief of Police for the Village of Lakewood, per the recommendation of retiring Chief Bentley, at a provisional annual salary of $ 84,000. At such a time he has successfully completed the Chief exam, his annual salary will be increased by 10%.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #20-2021 – AMENDMENT TO THE PERSONNEL POLICIES & PROCEDURES MANUAL
Motion by Trustee Schutte, seconded by Trustee Barnes, to amend Article VIII, Section 2, of the Personnel Policies and Procedures manual as follows: Except as provided in Article VI, Section 2, of the Village of Lakewood Personnel Policies and Procedures, full-time employees who retire will not be eligible to continue in the Village’s Health, Vision, Dental, or Pharmaceutical Insurance Plans but may be eligible for health insurance coverage through COBRA, as provided by law, when they retire. This resolution is effective immediately and rescinds and supersedes all prior resolutions inconsistent with this resolution.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
Motion by Trustee Schutte, seconded by Trustee Barnes and unanimously carried the Board adjourned at 8:42 PM.
_________________________
Mary B. Currie
Village Clerk
