SEPTEMBER 27, 2021
The eighteenth regular meeting of the Board of Trustees of the Village of Lakewood, N.Y., was held Monday, September 27, 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, Police Chief Christopher DePonceau, Village Attorney John I. LaMancuso, DPW Supervisor Thomas Pilling, Fire Chief Kurt Hallberg and Building Inspector Jeff Swanson.
APPROVAL OF MINUTES
Motion by Trustee Barnes, seconded by Trustee Fischer, to approve the minutes of the special meeting of the Board of Trustees held September 7, 2021.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
Motion by Trustee McCague, seconded by Trustee Fischer, to approve the minutes of the last regular meeting of the Board of Trustees held September 13, 2021.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
AUDIT OF CLAIMS
Motion by Trustee Fischer, seconded by Trustee Barnes, that the claims as audited by the Board of Trustees for the abstracts dated September 27, 2021, be approved and that the Clerk shall execute said abstracts (#18 & #18) and direct payment by the Treasurer. General Fund: $ 135,593.75 (checks #18212 through #18237), Trust & Agency Fund: $ 55,808.12 (checks #5942 thru #5946,).
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
REPORTS
DPW Supervisor Thomas R. Pilling reported on the Chautauqua Ave. Green Street Retrofit Project saying the Geocell should be going in the Second St. intersection tomorrow. He said the contractor expects that intersection to be complete in about two (2) weeks then they will begin the Chautauqua Ave. and Summit St. intersection.
Trustee Barnes said she thinks Kingsview Enterprises, Inc. is doing a very nice job.
Police Chief Christopher A. DePonceau reported the Lakewood-Busti Police Department has had four hundred seventy-nine incidents from September 13, 2021 to September 27, 2021.
Chief DePonceau said the new patrol cars are in and they are working on getting those in service.
Mayor Holcomb asked Chief DePonceau why there were five (5) patrol cars at the Apple Festival this past weekend.
Chief DePonceau said only two (2) officers were assigned to the Apple Festival, the others were probably just passing through.
Fire Chief Kurt Hallberg reported the Lakewood Volunteer Fire Department has had seven hundred fifteen calls year to date.
Building Inspector Jeff Swanson reported the owner of 341 E. Fairmount Ave. has requested a Certificate of Occupancy but he is not comfortable issuing one at this time. Mr. Swanson said in July 2020 the Board of Trustees issued a Special Use permit per the site plans that had been submitted and reviewed by the Planning Board, but to date the developer has not completed the project per what was approved.
Mr. Swanson said, the site plan calls for three (3) drywells, a blacktop parking lot with four (4) drains and handicap parking spots, none of which have been done. He said he will leave it up to the board whether to issue the Certificate of Occupancy or not.
Trustee Barnes said she talked to the owner last week and she indicated to her that one (1) drywell has already been installed.
Mayor Holcomb said he has also spoken with the owner and she said since Mr. Swanson would not allow millings in the parking lot she has scheduled it to be blacktopped this week.
Mr. Swanson said if there has been a drywell installed he has not noticed it. Mr. Swanson said if any parts of the approved site plan are altered in any way a new site plan should be submitted for review and approval.
Trustee Schutte said he looked at the site plans and there is supposed to be four (4) drywells and three (3) drains, with all the environmental work we’ve been doing around the village, to not have a finished project, it would lead to a very bad precedence.
Trustee Barnes said since she is part way through the project and needs a Certificate of Occupancy are there any options for her as a village board.
Mr. Swanson said that this project shouldn’t be treated any differently and therefore it needs to comply with Americans with Disabilities Act (ADA) regulations.
Mr. Swanson suggested issuing a temporary Certificate of Occupancy giving the owner extended time to comply with the site plan that was approved or submit an alternative site plan for approval. By doing so she will be able to open now and if there is failure to comply, the building could be closed.
Trustee McCague said he recalls the Planning Board agreed to four (4) basins in lieu of stormwater mediation on the property and said that would have been a settlement on that issue.
Trustee McCague said he doesn’t think they should deviate from what the Planning Board recommended and the Village Board approved, so he agreed a temporary Certificate of Occupancy would be a solution.
Village Attorney LaMancuso said he didn’t see a problem with issuing a temporary Certificate of Occupancy and if the owner does not come into compliance with the site plan or submit a revised one then the building could be closed until such a time the project site is in compliance.
RESOLUTION #165-2021 – AUTHORIZE TEMPORARY CERTIFICATE OF OCCUPANCY
Motion by Trustee Barnes, seconded by Trustee Fischer, to authorize Building Inspector Jeff Swanson to issue a Temporary Certificate of Occupancy for the building at 341 East Fairmount Ave. contingent upon the applicant either complying with the current approved site plan or submit a revised site plan and having the revised site plan approved by the Board of Trustees no later than May 31, 2022.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
Building Inspector Jeff Swanson added there are a few new construction projects near completion while there are a couple of existing structures undergoing conversions.
Mayor Holcomb reported he has had some property owners come to him in regards to Airbnb’s and short term rentals with problems they are causing in their neighborhoods. Mayor Holcomb said for the last few weeks he has been working on gaining information on these rentals and is hopeful to have some information to present to the board members for their review and comment.
Trustee McCague reported the Lakewood Memorial Library will be sponsoring a Chicken Barbeque on Sunday, October 3rd from 3:00pm – 6:00pm featuring Weidner BBQ, which he has been told is the best darn barbeque around. Trustee McCague said the meals are $12.00 a serving, the proceeds will benefit the Library and orders can be made in advance at lakewoodlibrary.org. Each meal will include barbequed chicken, buttered spuds, coleslaw and a roll.
DISCUSSION ON THE PREVIOUSLY TABLED BARTON & LOGUIDICE AMENDMENT #3
Mayor Holcomb said Barton & Loguidice Amendment #3, is in the amount of $ 28,320.00 and is for additional construction administration and inspections for the Chautauqua Ave. Green Street Retrofit Project. He said what he would like to do is pay this out of the Fund Balance.
Trustee Barnes asked Ms. Nicole Cleary, Barton & Loguidice, D.P.C., (B & L) if the $ 28,320.00 is just a projected amount and it could end up being less than that once the project is complete.
Ms. Cleary said that is correct, that would only be for the inspections at Second St, & Third St., she said the Chautauqua Ave., & Summit St. intersection will be covered by B & L.
RESOLUTION #166-2021 – BARTON & LOGUIDICE D.P.C. AMENDMENT #3
Motion by Trustee Barnes, seconded by Trustee McCague, for the Board of Trustees to approve Barton & Loguidice, D.P.C. Amendment #3 for Construction Administration/Inspections for the Chautauqua Ave. Green Street Retrofit Project, not to exceed $ 28,320.00.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #167-2021 – FUNDS TO PAY BARTON & LOGUIDICE AMENDMENT #3
Motion by Trustee Barnes, seconded by Trustee Schutte, for the Board of Trustees to approve the funds for additional construction and inspections, to be paid to Barton & Loguidice, D.P.C., until the end of the Chautauqua Ave. Green Street Retrofit Project, to be taken from the Unassigned Fund Balance.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #168-2021 – ACCEPT POLICE DEPARTMENT GARAGE ROOF BIDS
Motion by Trustee Fischer, seconded by Trustee Barnes, that the Board of Trustees accept the bid for the Police Department car bay roof replacement, as submitted by A.W. Farrell, Fredonia, N.Y. for $33,800.00, with the project to be completed within sixty days.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
Trustee Barnes suggested taking the funds to cover the cost of the roof replacement from the Unassigned Fund Balance since this is an emergency situation and should be done before winter. She said another option would be to take what is left in the Contingency account and then supplement what is left over from the Fund Balance.
Treasurer Troutman said it is suggested to have at least six (6) months of appropriations left in the Fund Balance is a comfortable amount to cover any emergencies that could arise.
Trustee Barnes asked what the maximum amount should be in the Fund Balance before the Office of the State Comptroller (OSC) suggests it is too high.
Trustee McCague said the Village Fund Balance is at about 3½ – 4 percent of assets to cash, the OSC typically recommend 5–15 percent, but that is not a hard fast rule, the choice is left up to the village.
Mr. McCague said recently the Town of Busti was at 38 percent, so that should not be a problem for us.
Trustee Schutte said he would be more comfortable using the emergency funds from the Contingency Account and then supplement it with the Fund Balance.
Trustee McCague said he thinks the total amount should be used from the Fund Balance, that way it can be done without having to amend the budget and whatever overages we have at the end of the fiscal year roll over to the Fund Balance.
RESOLUTION #169-2021 – FUNDS TO PAY FOR ROOF REPLACEMENT
Motion by Trustee Barnes, seconded by Trustee McCague, for the Board of Trustees to approve the $ 33,800.00 to be paid to A.W. Farrell for the Police Department car bay roof replacement to be paid from the Unassigned Fund Balance.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #170-2021 – AMEND COLLECTIVE BARGAINING AGREEMENT
Motion by Trustee McCague, seconded by Trustee Barnes, for the Board of Trustees to amend STEP 1 on page 20, of the June 1, 2021 through May 31, 2025, Collective Bargaining Agreement between the Village of Lakewood and the CSEA, Inc. Local 1000-AFSCME, AFL-CIO, Village of Lakewood Police Unit #6320, Chautauqua County Local #807, from $55,561 to $55,461 due to a typographical error.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #171-2021 – SET HALLOWEEN TRICK OR TREAT HOURS
Motion by Trustee Barnes, seconded by Trustee Fischer, to set 5:30 PM – 7:30 PM, as the hours for Trick or Treating within the Village of Lakewood on Halloween, Sunday, October 31st.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #172-2021 – AUTHORIZE VILLAGE TREASURER TO MAKE MID-YEAR BUDGET TRANSFER
Motion by Trustee Fischer, seconded by Trustee Barnes, for the Board of Trustees to authorize Village Treasurer Apryl L. Troutman to make the following mid-year budget transfer to pay the Clinton Brown Company Architects, P.C., Buffalo, N.Y., invoice 21-109, for additional grant administration services for the New York Main Street Streetscape project, $ 340.00 from A-1990.40 {Contingent Account} to A-8510.40 {Community Beautification}.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #173-2021 – APPROVE AMENDMENT TO ZONING CODE
Motion by Trustee McCague, seconded by Trustee Fischer, for the Board of Trustees to approve amending Section 25-13 of the Village of Lakewood Zoning Code with the Design Guidelines for the Chautauqua Avenue Target Area, as submitted by Clinton Brown Co. Architecture, PC, Buffalo, N.Y. and was adopted by the Board of Trustees, June 14, 2021, per Resolution #113-2021.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #174–2021 – AUTHORIZE SCOPE MODIFICATION TO CHAUTAUQUA LAKE & WATERSHED MANAGEMENT ALLIANCE AGREEMENT
Motion by Mayor Holcomb, seconded by Trustee McCague, to authorize Mayor Holcomb to request and secure a scope modification to Chautauqua Lake & Watershed Management Alliance Grant Agreement #21-08b-LKW to complete a New York State Department of Environmental Conservation Water Quality Improvement Project program-compliant Engineering Feasibility Study for the Fairmount Stormwater Basin & Watershed Improvement Project in lieu of completing the “Final Design & Engineering” indicated in Section 2 of the original agreement.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #175–2021 – GRANT MODIFICATION FOR FAIRMOUNT STORMWATER & WATERSHED IMPROVEMENT PROJECT
Motion by Trustee Barnes, seconded by Trustee Fischer, to authorize EcoStrategies, Andy Johnson, P.E., of EcoStrategies, Falconer, N.Y., to adjust his previously approved scope of services and work order to prepare a DEC WQIP compliant Feasibility Study for the Fairmount Stormwater & Watershed Improvement Project to be completed by December 31, 2021 for a total cost of $3,000.00.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
Trustee McCague said this is something we have to do as a second step to the prior motion, the cost is the same and Mr. Johnson thinks he can have it done by the end of the year.
Trustee McCague indicated this is being done because with this feasibility study, which is DEC compliant, will put the Village of Lakewood in a much stronger position to apply for a CFA WQIP grant application when the time comes.
RESOLUTION #176-2021 – AUTHORIZE CLINTON BROWN TO PREPARE & SUBMIT NEW YORK PRESERVATION LEAGUE GRANT APPLICATION
Motion by Trustee Barnes, seconded by Trustee Fischer, to authorize Clinton Brown Company Architecture, P.C., Buffalo, N.Y., to prepare and submit a New York Preservation League, Technical Assistance Grant application for 2021 on behalf of the Village of Lakewood to conduct a Building Conditions Summary report of the Village Hall in accordance with the 2021 NYPL TAG guidelines.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
Trustee Barnes asked what the approximate cost is on that.
Trustee McCague said there is no cost to apply or for Clinton Brown Company Architecture, P.C. to prepare the application. He added it is a maximum award of $4,000.00 and a 20% grant match, plus the study cannot exceed $5,000.00.
DISCUSSION ON ESTABLISHING A HISTORIC PRESERVATION STEERING COMMITTEE
Mayor Holcomb said if this committee is established the Board will designate a chair person who will then recruit the committee members suited to the assignment of his/her choice. The Board will direct the committee to investigate and report to the Mayor and Board Trustees on the following three areas:
1.) The Lakewood History Museum – a comprehensive evaluation of the current status of the Lakewood History Museum including, but not limited to physical facility, its access and future space requirements, management, oversight, staffing, responsibility for safe-keeping of contents, proper care of the contents, and consideration of its future;
2.) The Village Hall – the steering committee will investigate what steps can be taken to preserve and protect our historic village hall;
3.) Historic Preservation – the steering committee will investigate the benefits of a village-wide Historic Preservation initiative, the process to establish Historic Preservation in the village, and, if approved, assist the board with the various steps to establish historic preservation in our community;
4.) Supporting Zoning – the steering committee will investigate any other zoning concerns/issues that may serve to bolster the goals of the village’s historic preservation efforts.
Mayor Holcomb said this all came about because the village is currently without a Historian and the Village Hall is an older building, which has been on people’s minds for some time now.
Trustee Fischer said the basement of the Village Hall is a great place to have the museum but not enough people come to it, so you can’t really have someone there full time.
Trustee Barnes said part of this grant would be to have the steering committee look at a study of where the placement of the museum would be most beneficial for everyone. Ms. Barnes also said she thinks the zoning is a very good idea and will help the community remain a community.
Trustee Schutte said he thinks this would be a good thing to pursue.
Trustee McCague said he thinks it could be kept casual with a small number of people on this committee. He said there is a fair amount of work to be done and would like to have a couple people that would have some kind of knowledge about this sort of preservation to begin with.
Trustee McCague indicated because there is so much history in this village it is incumbent on us at this time to look at these specific points and see what we can come up with. He said the first step for the Village Hall would be to have Clinton Brown prepare the grant.
Trustee Schutte said he would like to see Trustee McCague be appointed as the chair to the Historic Preservation Steering Committee and have him come to the board with what his ideas are for the committee.
Trustee Barnes said she thinks if Mr. McCague could bring his ideas to the work session of the October 12, 2021 Board of Trustees meeting that would give the board members some time to think about what they would like to see with this committee. She said this is something that they, as a group, should have a discussion on and the only time they could do it would be in a work session.
RESOLUTION #177-2021 –TABLE ESTABLISHING A HISTORIC PRESERVATION STEERING COMMITTEE
Motion by Trustee Schutte, seconded by Trustee Barnes, to table establishing a Historic Preservation Steering Committee until the next regular meeting of the Board of Trustees on October 12, 2021 at which time the Trustees can have a discussion at the work session on forming the committee.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #178-2021 – APPOINT CHAIRMAN TO HISTORIC PRESERVATION STEERING COMMITTEE
Motion by Trustee Schutte, seconded by Trustee Barnes, for the Board of Trustees to appoint Edward J. McCague as chair of the Village of Lakewood Historic Preservation Steering Committee once the committee has been established.
Adopted: 3 ayes, no nays (Barnes, Fischer, Schutte) 1 abstain (McCague)
DISCUSSION ON PROPERTY & CASUALTY INSURANCE AND PROCUREMENT POLICY
Trustee Schutte said he thinks the Village of Lakewood Procurement Policy should have something in it about putting the Property and Casualty Insurance for the village out to bid each year just as it is done with the employee’s health insurance.
Trustee Barnes said she agrees, there should be something added to the policy about how frequently to put it out to bid but not to bid it every year. Ms. Barnes said NYCOM suggests not to bid it annually due to the amount of work and the number of appraisals that have to be done, she said NYCOM suggests every three (3) to seven (7) years.
Trustee Schutte said he would like to see it in the Procurement Policy to be bid every three (3) years and then have triggers, such as serious rate increases, material changes, property development, for whatever reason, there should be a process to decide whether the insurance should be re-bid.
Trustee Schutte said we should also look into increasing the village umbrella policy from three million to a higher coverage, as well as Cyber Liability, Terrorism and Data Compromise Insurance. He said these are discussions the board members should be having together, as everything else we do and should be spelled out in the Procurement Policy that all board members are to be included in the decisions.
RESOLUTION #179-2021 – AMEND PROCUREMENT POLICY TO INCLUDE VILLAGE INSURANCES
Motion by Trustee McCague, seconded by Trustee Barnes, to authorize Village Attorney John I. LaMancuso to draft a Procurement Policy for village insurances and include the Property and Casualty Insurance to be bid every three (3) years.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #180-2021 – CHANGE DATE OF NEXT REGULAR MEETING
Motion by Trustee Barnes, seconded by Trustee McCague, due to the upcoming Columbus Day Holiday, to postpone the next regular meeting of the Board of Trustees, previously scheduled for Monday, October 11th to Tuesday, October 12th. The Board of Trustees meeting will be held at 6:30 PM, preceded by a 6:15 PM work session.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
ANYONE TO BE HEARD
Trustee Fischer said he has found some interesting information about the American Rescue Plan and how it works. He said Chautauqua County is considering giving some of the funds they receive to the Cities of Dunkirk and Jamestown since they are asking for more money.
Trustee Fischer said counties and cities receive their funds from the Federal Government and Towns and Villages receive theirs from New York State. The Village of Lakewood had wanted to use some of the funds towards the purchase of a new ambulance for the fire department but the village received only half of the original amount we thought we were getting.
Trustee Fischer said Mayor Holcomb contacted the New York State Conference of Mayors (NYCOM) and asked for help in using the funds towards an ambulance but NYCOM said no. Because the use of funds are regulated by NYS, he was told they could not spend them towards the purchase of a new ambulance. Trustee Fischer said he is so irritated at this because the County is able to use $135,000.00 towards a new dive boat and that is because their funds are regulated by the Federal Government.
Trustee Barnes said she originally thought the funds received could be used to help municipalities regain what has been lost due to the pandemic and has heard some municipalities will be returning the funds they receive to the state because there is nothing they can use them for.
Motion by Trustee Barnes, seconded by Trustee Fischer and unanimously carried to adjourn the regular meeting of the Board of Trustees at 7:58 PM.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
_____________________________________
Mary B. Currie
Village Clerk
