NOVEMBER 26, 2018
The twenty-second regular meeting of the Board of Trustees of the Village of Lakewood, N.Y., was held Monday, November 26, 2018, 6:30 PM, with Deputy Mayor Edward J. McCague presiding. Trustees present were Ellen E. Barnes, Randall G. Holcomb, and Douglas L. Schutte. Also present were Village Clerk Joseph M. Johnson, Deputy Village Treasurer Mary B. Currie, Police Chief John R. Bentley, Village Attorney John I. LaMancuso, Department of Public Works Supervisor Thomas R. Pilling, and Building Inspector Jeffrey A. Swanson. Absent were Village Treasurer Andrea J. Windoft and Fire Chief Steve Smouse.
APPROVAL OF MINUTES
Motion by Trustee Holcomb, seconded by Trustee McCague, to approve the minutes of the last regular meeting of the Board of Trustees, held November 13, 2018.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
Motion by Trustee Barnes, seconded by Trustee Holcomb, to approve the minutes of a special meeting of the Board of Trustees, held November 2, 2018, as amended.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
AUDIT OF CLAIMS
Motion by Trustee Holcomb, seconded by Trustee Barnes, that the claims as audited by the Auditing Committee of the abstracts dated November 26, 2018, be approved and that the Clerk shall execute said abstracts (#26 & #27) and direct payment by the Treasurer. Trust & Agency Fund: $ 58,642.17 (Checks #4579 thru #4590), General Fund: $ 24,498.75 (Checks #15364 thru #15391)
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
REPORTS
Department of Public Works Thomas R. Pilling reported that leaf pick-up season has stalled due to the earlier than normal snowfall, however the DPW crews will pick-up what leaves they can when conditions allow.
With snow in the forecast, Deputy Mayor McCague asked Mr. Pilling if ice control salt is in short supply this year and how does the price of it compare with last year’s price.
Mr. Pilling said he isn’t aware of any shortage of rock salt and the price of it is slightly higher than it was last year.
Police Chief John R. Bentley reported that the Lakewood-Busti Police Department has handled eight thousand one hundred eighteen incidents year-to-date, three hundred thirty-two of which have occurred within the past two weeks. He also reported that the L-BPD is staying busy with routine law enforcement activities.
Building Inspector Jeffrey A. Swanson reported that of the three (3) properties acquired through the Chautauqua County Land Bank, namely 3 Gerald Ave., (single family), 158 East Terrace Ave., (single family), and 22 East Summit Street, (multiple family) 3 Gerald Ave., was subsequently sold to an abutting property owner and razed. Mr. Swanson said it is his understanding that the other two properties that were acquired will be included in the next round of the Chautauqua County Land Bank’s emergency demolition and lot clean-up program.
With no other reports or committee reports, Deputy Mayor McCague mentioned that the number one item under old business deals with the selection of an employee healthcare plan for 2019. He then suggested that this matter be discussed in executive session, and to defer any action on it until members of the Board of Trustees have had an opportunity to consult with Village Attorney LaMancuso.
RESOLUTION #148-2018 – ACCEPT CLCSF’S LICENSE AGREEMENT PAYMENT FOR 2017
Motion by Trustee McCague, seconded by Trustee Barnes, for the Board of Trustees to authorize Village Treasurer Andrea J. Windoft to issue a $ 500.00 credit towards, the Chautauqua Lake Community Sailing Foundation’s (CLCSF), 2017 License Agreement Fee with the understanding the CLCSF will still be responsible for all utilities billed during the term of the License Agreement, which totaled $ 820.63.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
NOTE: Deputy Mayor McCague indicated that during the 2017 4th of July Festival, the CLCSF provided one hundred four free sail boat rides to folks attending the event. Via a verbal agreement this was considered an “in-kind” service, in exchange for waiving the $ 500.00 annual license fee. He also noted that although a resolution was adopted by the Board of Trustees April 23, 2017 approving the License Agreement between the Village of Lakewood and the CLCSF the License Agreement went unsigned. Deputy Mayor McCague indicated there is no question that the CLCSF lends great value to the community, as it provides an introduction to the sport of sailing for those who might not otherwise have the opportunity to participate.
Trustee Barnes indicated that she would like to note for the record that as Deputy Mayor McCague indicated the Board of Trustees did indeed adopt a resolution, #68-2017, on April 23, 2017 approving the License Agreement between the Village of Lakewood and the CLCSF, however for some unknown reason it was never signed by former Mayor Birrittieri at the time.
RECESS
Motion by Trustee Barnes, seconded by Trustee Holcomb, 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, Holcomb, McCague, Schutte)
PUBLIC HEARING: 6:40 PM
SPECIAL USE PERMIT APPLICATION
SALE & SERVING OF ALCOHOLIC BEVERAGES
LAKEWOOD CINEMA 8
171 WEST FAIRMOUNT AVE.
Dipson Theaters, Inc., Williamsville, N.Y., has submitted an application for a Special Use Permit regarding their desire to sell and serve alcoholic beverages (beer, wine, cider) to patrons 21 years of age and older, as now permitted by New York State Law, at their Lakewood Cinema 8 movie complex. In accordance with Section #25-14, (C), #14, [Highway Business (B-2) District], of the Village of Lakewood Zoning Law, the establishment of a Bar in a B-2 zoning district requires a Special Use Permit. NOTE: A Bar is defined as any establishment, however designated, at which alcohol is sold for consumption on premises as a primary use to twenty-five percent (25%) or more of the patrons [minimum of ten (10)] on a regular basis.
Deputy Mayor McCague then asked Village Clerk Johnson to read the public hearing notice as it appeared the Village of Lakewood’s official newspaper.
He then asked if there was anyone representing Dipson Theaters, Inc., who would like to briefly explain their proposal.
Mr. Michael Clement, President of Dipson Theaters, Inc., indicated first and foremost, we are not planning on being a bar. He noted that there are going to be a lot of limits and safeguards in place when it comes to the serving of alcoholic beverages in our theaters.
He said right now, there are thirty-five states that currently allow the sale and serving of alcoholic beverages in theaters. Mr. Clement said we are just looking to add an amenity for our patrons while at the same time generate additional revenue to off-set raising expenses. He noted some of the safeguards that will be put into place include, everyone will be required to show a photo ID which will be scanned, movie patrons will only be permitted to purchase one drink at a time, and that there will be a two (2) drink maximum per movie. No one off the street, without first purchasing a movie ticket, will be allowed to buy a drink. Mr. Clement also said all of the alcoholic beverages sold will be served in a clear plastic cup, so as to distinguish them from the other beverages purchased at the concession stand.
Mr. Clement also noted the staff from the Cinema 8 will receive mandatory training in connection with the serving of alcoholic beverages and that the concession stand closes fifteen minutes after the last movie lets out.
Mr. Clement said patrons have been asking us to consider serving alcoholic beverages for the past few years and we are just looking to enhance the movie going experience. He said Dipson Theaters, Inc., has also applied for liquor licenses for three of their other locations, in Clarence, Amherst and Lancaster.
In closing, Mr. Clement said if members of the Board of Trustees have any questions or concerns, he would be happy to address them.
Deputy Mayor McCague indicated that the serving of alcoholic beverages at movie theaters has somewhat become a trend across the country and wondered if Mr. Clement could elaborate on that.
Mr. Clement said it is definitely a trend that New York State finally recognized and in addition to regulations already in place, Dipson Theaters, Inc., will be self-imposing its own regulations to make sure things are controlled. The last thing we want to do is upset the community or allow individuals to get drunk at our movie theaters. He added the price points for alcoholic beverages are expected to be set at $ 7.50 – $ 8.00.
Deputy Clerk Mary Currie asked Mr. Clement how will the staff keep track of who has purchased an alcoholic beverage.
Mr. Clement said the ID of each patron purchasing an alcoholic beverage will be scanned and there will be a record of who has previously purchased an alcoholic beverage that day. He also mentioned with the sale of alcoholic beverages, additional food items will likely be offered at the concession stand.
Trustee Barnes asked Mr. Clement if he is aware of any alcohol related problems that have occurred at other theaters.
Mr. Clement said he hasn’t heard of any such incidents, adding we are likely going to be more concerned about a group of teenagers being dropped-off at the theater without parental supervision than we are with an adult purchasing an alcoholic beverage.
Building Inspector Jeff Swanson indicated that he and Fire Inspector Mike Gleason recently conducted the Lakewood Cinema 8’s annual fire inspection and found everything, expect for a couple minor violations, well maintained, adding the theater has experienced a good safety record over the years.
Mr. Mike Butterfield, an area resident and employee of Shults Auto Group, said he frequents the Lakewood Cinema 8 twenty to twenty-five times a year. Since it was first opened he said the movie complex has undergone many new improvements, including a new sound system, 3-D movie screenings and new seats.
Mr. Butterfield said both movie patrons and Dipson Theaters Inc., will benefit if they are allowed to sell and serve alcoholic beverages at the Lakewood Cinema 8.
With no one else to be heard, Deputy Mayor McCague closed the public hearing at 6:50 PM, and proceeded to reopen the regular meeting of the Board of Trustees.
RESOLUTION #149-2018 – APPROVE/GRANT SPECIAL USE PERMIT APPLICATION
Motion by Trustee Barnes, seconded by Trustee Holcomb, for the Board of Trustees to approve/grant the Special Use Permit application, as submitted by Dipson Theaters, Inc., Williamsville, N.Y., whereby they will be permitted to sell and serve alcoholic beverages, (beer, wine, cider), to movie patrons 21 years of age or older at Lakewood Cinema 8, 171 West Fairmount Ave., upon being issued an appropriate Liquor License from the New York State Liquor Authority.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #150-2018 – APPROVE LAKEWOOD DPW’S SNOW & ICE REMOVAL POLICY
Motion by Trustee Schutte, seconded by Trustee Barnes, for the Board of Trustees to approve the Village of Lakewood’s Snow & Ice Removal Policy as follows:
The Village of Lakewood Highway Department is responsible for the maintenance and repair of 20.86 miles of Village roads and has no greater challenge than during the winter snow and ice season when it is charged with attempting to provide passable roads for routine travel and emergency services during and after a snow or ice event.
It is not possible for the Village of Lakewood Highway Department to provide continually bare roads or to provide snow and ice control 24 hours a day, seven days a week. It is also not possible to maintain a bare road surface during or immediately following a snow or ice event. Typical hours of operation for winter time snow and ice control are from 7:30 AM to 4:00 PM, Monday through Friday. Off shift hours and weekend hours are on call as needed. Weekday snow and ice control will be primarily focused on morning and evening commuter travel times.
The Village of Lakewood plows or snow blows certain sidewalks within the Village limits for pedestrian traffic, but the sidewalks are secondary to roads in importance during a snow or ice event. In the event of a lack of personnel, the sidewalks will be plowed as soon as the roads are in satisfactory condition.
It is illegal to plow, place, push, throw or otherwise deposit or cause to be deposited, any snow or destructive or injurious material or any kind which interferes with the safe use of the highway per Section 1219 of the New York State Vehicle & Traffic Law. Residents are also reminded that under the terms of Article 8, Section 214 of the Highway Law, depositing any material (including snow from a driveway apron) onto a Village roadway is prohibited.
All requests, inquires or complaints about snow and ice control operations should be directed to the Village of Lakewood Highway Department, 6 Packard Ave., Lakewood, New York 14750 or call (716) 763-8163. The on duty Highway Department personnel will respond as soon as feasibly possible.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
ANYONE TO BE HEARD
Ms. Sue Chandler, 207 West Summit Street, appearing before Deputy Mayor McCague and members of the Board of Trustees, indicated she is disappointed that the Village of Lakewood isn’t having its Christmas in the Village event this year, while it seems every other local community is having some sort of holiday event. She also wondered if the Village of Lakewood is planning on putting up Christmas decorations along Chautauqua Ave. again this year.
Department of Public Works Supervisor Thomas R. Pilling indicated to Ms. Chandler that usually the Christmas decorations are put up the week of the Thanksgiving Day holiday, however there are plans to get them up sometime later this week.
RECESS
Motion by Trustee Schutte, seconded by Trustee Holcomb, to recess the regular meeting of the Board of Trustees at 6:55 PM, so as to enter into executive session.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
EXECUTIVE SESSION
Present at the executive session were Deputy Mayor Edward J. McCague, Trustee Ellen E. Barnes, Trustee Randall G. Holcomb, Trustee Douglas L. Schutte, Village Attorney John I. LaMancuso and Village Clerk Joseph M. Johnson. Motion by Trustee Schutte, seconded by Trustee Barnes to adjourn the executive session at 7:30 PM, and to reopen the regular meeting.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #151-2018 – APPROVE MEMORANDUM OF AGREEMENT
Motion by Deputy Mayor McCague, seconded by Trustee Schutte, for the Board of Trustees to approve the Memorandum of Agreement between the Village of Lakewood and the Village of Lakewood Police Unit #6320, Chautauqua County Local #807, Civil Service Employees’ Association, Inc., Local 1000, AFCSME, AFL-CIO, clarifying some of the language in Article X of the current Labor Contract/Agreement, between the two parties, as it relates to the 2019 healthcare plan for its members and to authorize Deputy Mayor McCague to execute the same.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #152-2018 – APPROVE EMPLOYEE HEALTHCARE PLAN FOR 2019
Motion by Deputy Mayor McCague, seconded by Trustee Barnes, for the Board of Trustees to approve the change in healthcare plans for eligible Village of Lakewood employees from Independent Health’s iDirect Gold Copay plan to Univera’s Univera Gold 2/SPI3 plan, effective beginning January 1, 2019.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
Motion by Trustee Schutte, seconded by Trustee Barnes, and unanimously carried, the Board adjourned at 7:35 PM.
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Joseph M. Johnson
Village Clerk
