OCTOBER 25, 2021
The twentieth regular meeting of the Board of Trustees of the Village of Lakewood, N.Y., was held Monday, October 25, 2021, 6:30 PM, with Mayor Randall G. Holcomb presiding. Trustees Ellen E. Barnes, and R. Richard Fischer were also present. Trustees Edward J. McCague and Douglas L. Schutte participated via Zoom.us. Also present were Village Clerk Mary B. Currie, Village Treasurer Apryl L. Troutman, Village Attorney John I. LaMancuso, DPW Supervisor Thomas Pilling and Fire Chief Kurt Hallberg. Absent were Police Chief Christopher DePonceau, and Building Inspector Jeff Swanson.
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 October 12, 2021.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
AUDIT OF CLAIMS
Motion by Trustee Barnes, seconded by Trustee McCague, that the claims as audited by the Board of Trustees for the abstracts dated October 25, 2021, be approved and that the Clerk shall execute said abstracts (#23 & #23) and direct payment by the Treasurer. General Fund: $ 108,255.90, (checks #18280 through #18310), Trust & Agency Fund: $ 55,417.89, (checks #6017 through #6021).
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
PRESENTATION BY CHAUTAUQUA LAKE WATERSHED CONSERVANCY
Mr. John Jablonski, Executive Director, Chautauqua Lake Watershed Conservancy presented the Chautauqua Lake Watershed Stormwater Toolkit which was developed in cooperation with the Chautauqua County Planning and Community Development. Mr. Jablonski asked if the village would hand the booklet out to people who are considering property development in the village. The stormwater toolkit was put together as a quick reference for people to know what will be necessary for development. It notes the various activities and what types of permits that will be needed.
Mr. Jablonski said one thing the toolkit focuses on is stormwater which can cause problems to the community and to the infrastructure if not handled correctly. He said it also focuses on sediment which will fill in the storm drains and contribute to the algae growth in the lake.
Mr. Jablonski said the toolkit includes several sections, including when permits are required, Chautauqua Lake tributaries, flood plains, soil erosion and sediment control, plus examples of past practices.
Mr. Jablonski asked if the officials would go over the toolkit when there is new development planned in the village and provide the developer with what they will need before moving forward. He said if there are big projects planned and there are any questions or concerns they can contact the Watershed Conservancy or the Chautauqua County Sewer and Water Conservation District to make sure things are designed so as not to contribute to problems with the infrastructure or additional sediment in plant and algae growth in the lake.
REPORTS
DPW Supervisor Thomas R. Pilling reported he has had some complaints of people tripping on the newly installed double curb on Chautauqua Ave. He said he has come up with a railing that would be attached to the planters to see if that will help the problem.
Trustee Barnes said she has also heard from people who have fallen and thinks it is because the curb is new and people aren’t catching the depth perception. She wondered if there is some way of putting delineators on the steps making people aware of them being there.
Trustee Fischer said he doesn’t know how that extra curb is going to work with the snow, it will have to be shoveled two to three times a day just so people know it is there.
DPW Supervisor Pilling said that will be up to the store owners to clear off the step as needed.
Mr. Pilling reported half of the Geo Grid has been installed at the intersection of Chautauqua Ave. and Summit St. and said RMS should be installing the bricks in another week. Mr. Pilling said he thinks the project should be complete in the next two weeks.
Mr. Pilling said he has had reports that docks and boat lifts have been placed on the village right-of-ways by adjacent property owners. Mr. Pilling indicated letters have been sent to the property owners and asked the Board of Trustees what they would like to do about the property owners who have ignored them.
Trustee Fischer said there is a large boat lift that belongs to a resident and was just taken out of the water today and placed on the Maple Ave. right-of-way.
Trustee Barnes said this is becoming a problem with some of the right-of-ways and asked Village Attorney LaMancuso what options the village has.
Village Attorney John I. LaMancuso said they should be given a deadline to remove them by and be advised if they are not removed by that date, the village will be forced to remove them, at their cost.
Trustee Barnes said we will have to do that.
Mr. Pilling asked if there have been any further discussion on reserve funds for each department that can be used to purchase equipment.
Trustee Barnes said that hasn’t been discussed in a while now and inquired about using the American Rescue Plan Act (ARPA) funds.
Treasurer Troutman said you cannot use the ARPA funds to establish reserve funds but you can use the Fund Balance or budget each year to establish them.
Mr. Pilling said he is in need of a new dump truck, but right now they are about two years out. He said what he would like to do is order the truck now and budget for it over the next two years.
Fire Chief Kurt Hallberg reported the Lakewood Volunteer Fire Department has had seven hundred ninety-eight calls year to date, seventy of which have occurred so far in October. He said most of those were routine type calls and indicated they have had a couple of assists with Jamestown.
Trustee Fischer asked what the status is of the second ambulance.
Chief Hallberg said it is still out of commission and indicated there have been many problems with parts they’ve needed. He said at this point it is just sitting with nothing being done.
Village Treasurer Apryl L. Troutman reported she provided the Board of Trustees with the information she received from Ms. Wendy Shephard, GBDS, Account Executive, Employee Benefits at USI Insurance Services, on the employee health insurance renewal for 2022 and asked if anyone had any questions.
Mayor Holcomb asked what changes, if any, are there from the current plan.
Treasurer Troutman said there is an 8.4% premium increase from the current plan, which will cost the village a little over $ 17,000.00, and said this is the first time in two years there has been an increase. She said the good thing about staying with the current plan is the employee pays a co-pay before the deductible is used and since the village covers the deductible we aren’t incurring those fees right off the top. She said with some of the other plans the deductible has to be met before the co-pays kick in.
Ms. Troutman said the village budgets $ 60,000.00 to cover those deductibles and as of last month the employees have expended approximately $12,000.00, so there is potential for some savings there.
Ms. Troutman said the premium is the only thing that has changed from the plan the village has now.
Trustee Barnes said according to the Police Contract the village has to have a plan which is equal to or better than the current year’s plan. She said looking at the other premiums, they all look pretty comparable.
Trustee Fischer said premiums always seem to go up and if everyone is happy with the plan they have now he doesn’t see any reason to change.
Trustee Schutte said whenever you change companies there are a lot of adjustments that have to be made, especially with doctors. He said if everyone is content with what they have, it might not be worth the aggravation of making a change. By going lower all we are doing is lowering the coverage and raising the deductibles.
Building Inspector Jeff Swanson reported he has been researching information on short term rentals and has reached out to Chautauqua County for a list of short term rentals they would have in the Village of Lakewood and the Town of Busti. The list consists of 21 properties which out of the list only 13 are in Lakewood, 4 are in Busti and 4 are not in either municipality. Mr. Swanson said the county told him when they have time, they will research for additional properties but he believes the County is only looking at Airbnb’s and not into other short term rental properties.
Mr. Michael Looker, 15 Owana Way, asked if Short Term Rentals are permitted in the Village of Lakewood and if so, what the current policy is for them.
Trustee Barnes said there is a $ 100.00 registration fee and the owner’s information should be kept on file with the village in case of the need for emergency contact, but no one has been doing it.
Trustee McCague said according to Section 24 of the Village of Lakewood Zoning Code, adopted in 2014, it is a law, not a policy. He said there is an application fee and there should be a required inspection done by the Code Enforcement Officer, neither of which are being complied with or enforced.
Trustee Barnes said this is something that needs to be amended.
Mr. Looker said what he understands is rentals are not prohibited but there are requirements involved.
Trustee McCague said they are permitted by use in every zone in the Village of Lakewood.
Trustee McCague said he received some very good recommendations of potential members for the Historic Preservation Steering Committee and sent the board members a list of names he thinks would serve the committee well. Mr. McCague asked if everyone has had a chance to look them over and if so do they have any questions.
Mayor Holcomb questioned the longevity of them and thought it might be better to have some people on the committee that have lived in the village a long time and know some of the history of the village.
Trustee McCague said the people he has on the list bring to a committee certain skill sets. Some are volunteers and some are dedicated to the cause. He said he sees down the road there being some sort of Historical Society for Lakewood and thinks that would be the appropriate place for people with longevity in the village.
Trustee McCague said this will be a working committee and will go as fast as they can to get this done for the village. He said these people will be a little bit different than someone who can contribute their knowledge, their time and experience for the village.
RECESS
Motion by Mayor Holcomb, seconded by Trustee Barnes, to recess the regular meeting of the Board of Trustees so as to conduct a previously scheduled public hearing.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
PUBLIC HEARING 6:45 PM
RE: LOCAL LAW #3-2021
CODIFY DESIGN GUIDELINES INTO
VILLAGE OF LAKEWOOD ZONING CODE
Mayor Holcomb opened the public hearing at 6:47 PM on proposed Local Law #3-2021, Design Guidelines for the Village of Lakewood Chautauqua Ave. Target Area to be codified into the Village of Lakewood Zoning Code [Chapter 25] and asked if there was anyone who would like to be heard.
Trustee Barnes said the Village Clerk’s Office will have a copy of the Design Guidelines available to anyone who will be planning a project on Chautauqua Ave. and should look them over before seeking approval for their project.
Mr. John Jablonski, 213 Spruce St. said he is pleased to see this is coming forth and hopes it will be adopted. He said it is a nice compliment to all the work that has been happening on Chautauqua Ave.
Mr. Matthew Bourke, Senior Planner, Chautauqua County Department of Planning and Development, submitted his response to the Municipal Zoning Referral saying he applauds the Village for this effort and local law. Design guidelines are an effective tool for preserving and improving the aesthetic appeal of historic downtown corridors. Codifying those design guidelines into law will ensure that downtown Lakewood’s historic character is maintained. This historic downtown character is an important, unique asset for the Village and the area more broadly. Preserving that asset is a smart, strategic move.
Mayor Holcomb asked if there was anyone who has any questions or comments.
With no one else to be heard, Mayor Holcomb closed the public hearing at 6:49 PM, and proceeded to re-open the regular meeting.
RESOLUTION #189-2021 – APPROVE THE ISSUANCE OF A NEGATIVE DECLARATION
Motion by Trustee McCague, seconded by Trustee Schutte, for the Village of Lakewood to approve the issuance of a Negative Declaration in connection with proposed Local Law #3-2021, as it pertains to compliance with the State Environmental Quality Review Act (SEQRA) process and designate the Village of Lakewood as Lead Agency.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #190-2021 – APPROVE SEQRA RELATING TO PROPOSED LOCAL LAW #3-2021
Motion by Mayor Holcomb, seconded by Trustee McCague, for the Board of Trustees to approve the State Environmental Quality Review Act (SEQRA) form relating to proposed Local Law #3-2021.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #191-2021 – ADOPT LOCAL LAW #3-2021 –DESIGN GUIDELINES
Motion by Trustee Fischer, seconded by Trustee Barnes, for the Board of Trustees to adopt Local Law #3-2021, to codify the Design Guidelines for the Village of Lakewood Chautauqua Ave. Target Area, as submitted, into the Village of Lakewood Zoning Code.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
Trustee Schutte thanked Trustee McCague for the work he did on re-writing that code and said he appreciates the results of his efforts.
Mayor Holcomb, Trustee Barnes and Trustee Fischer also expressed their appreciation and thanked Trustee McCague.
RESOLUTION #192-2021 – APPROVE HISTORIC PRESERVATION STEERING COMMITTEE MEMBERS
Motion by Trustee Schutte, seconded by Trustee Fischer, to approve Ms. Kaie Smith, Mr. Emric Taylor, Ms. Diane Hendrix, Dr. R.G. Witchey, Ms. Jill Conley and Mr. John Shedd, all of which are village residents, to serve on the Historic Preservation Steering Committee.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #193-2021 – APPROVE NEW LAKEWOOD FIRE DEPARTMENT MEMBER
Motion by Trustee Fischer, seconded by Trustee McCague, that the Board of Trustees, acting as the Board of Fire Commissioners, approve Ms. Brianna Ingerson, 294 Shadyside Ave., Lakewood, as a new member of the Lakewood Volunteer Fire Department.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #194-2021 – AUTHORIZE MID-YEAR BUDGET TRANSFER
Motion by Trustee Barnes, seconded by Trustee Fischer, to authorize Village Treasurer Apryl L. Troutman to make the following mid-year budget transfer for a budget shortfall: $ 1,350.00 from A-1990.40 {Contingent Account} to A-3620.12 {Fire Inspector Salary}.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #195-2021 – AUTHORIZE MID-YEAR BUDGET TRANSFER
Motion by Trustee Schutte, seconded by Trustee Fischer, to authorize Village Treasurer Apryl L. Troutman to make the following mid-year budget transfer for a budget shortfall: $ 5,000.00 from A-5110.43 {Street Maintenance-Contractual} to A-5110.43 {Street Maintenance-Vehicle Maintenance}.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #196-2021 – AUTHORIZE BUDGET MODIFICATIONS
Motion by Trustee Fischer, seconded by Trustee Barnes, to authorize Village Treasurer Apryl L. Troutman to make the following budget modification to account for the 2021/2022 CHIPS, PAVE NY & EWR actual revenues & expenditures: Increase revenue account A-103501-00 {State Aid, Consolidated Highway} by $ 60,665.43, increase expenditure account A-5112.20 {Street Permanent Improvement} by $ 60,665.43.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
KINGSVIEW ENTERPRISES CHANGE ORDER #7
Ms. Nicole Cleary, representing Barton & Loguidice, D.P.C., (B & L), Buffalo, NY, said the reason for this change order is because during the excavation of the Second St./Chautauqua Ave. intersection Kingsview made them aware that the elevation of the 8 inch gas line and the 15 inch HDPE storm pipe were different than were originally identified in the record plans. The proposed 6 inch underdrain could not be put in as shown in the contract plan, it needed to be lower across Chautauqua Ave. and then raised going into the Second St. / Chautauqua Ave. intersection to be able to go up over those pipes, plus the catch basins needed new holes for the tie ins. She said due to the fact the main line runs west to east to drain the intersection, this was the only way it could be done.
Ms. Cleary said this change order identifies the required labor, excavation, stones, sub base materials and the catch basins that were changed to what was needed. She said the reason this work has already been performed was to keep the project moving forward and indicated B & L looked at the quote and felt it was reasonable for the work that was performed.
RESOLUTION #197-2021 – APPROVE KINGSVIEW ENTERPRISES CHANGE ORDER #7
Motion by Trustee Barnes, seconded by Trustee Schutte, for the Board of Trustees to approve the Kingsview Enterprises, Inc. Change Order #7 for the Second Street Underdrain Utility Conflict in the amount of $ 3,936.00. The funding for Change Order #7 will have $ 2,135.44 paid from CHIPS funds and the remaining $ 1,800.56 from the Contingent Account.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #198-2021 – ACCEPT DPW EMPLOYEE RESIGNATION
Motion by Trustee Barnes, seconded by Trustee Fischer, to accept the resignation of Department of Public Works employee Tanner James effective November 8, 2021. Mr. James has worked for the Village of Lakewood DPW since July 2017.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
The Board of Trustees wished Mr. James good luck with his future endeavors and thanked him for his service with the Village of Lakewood.
ANYONE TO BE HEARD
Mr. Michael Looker, 15 Owana Way, asked if anyone knew what the status of the drinking water is in Lakewood and if there is lead in it.
Trustee Barnes said the infrastructure in Lakewood is very old, that is a good question.
DPW Supervisor Pilling said he knows there are some Ductile Iron, Cast Iron and Transite pipes throughout the village.
Trustee McCague said in his opinion the Board of Public Utilities (BPU) should have an ongoing repairs and maintenance program where water lines are replaced at certain periods of time. He thinks someone should go to the BPU, with the agreement in hand, and force them to have some sort of program set up in Lakewood.
Mayor Holcomb said he will contact the BPU and see if he can get some answers.
Mr. Looker also asked if anyone has come up with a successful solution to eliminating robo calls.
Trustee Barnes said she has tried to contact US Senator, Charles Schumer’s office through both phone calls and e-mails numerous times and has no response.
Mr. Looker said there is a “Do Not Call” list and there are federal regulations against them. These people calling are nothing but scammers from other countries and we need to figure a way to block these calls.
Trustee Barnes said we need assistance from the phone companies and the federal government should be taking the lead on this.
Motion by Trustee Barnes, seconded by Trustee Fischer and unanimously carried to adjourn the regular meeting of the Board of Trustees at 7:24 PM.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
_____________________________________
Mary B. Currie
Village Clerk
