May 14, 2018
The ninth regular meeting of the Board of Trustees of the Village of Lakewood, N.Y., was held Monday, May 14, 2018, 6:30 PM, with Mayor Cara Birrittieri presiding. Trustees present were, Ellen E. Barnes, Randall G. Holcomb, Edward J. McCague and Douglas L. Schutte. Also present were Village Clerk Joseph M. Johnson, Deputy Village Treasurer Mary B. Currie, Police Chief John R. Bentley, Fire Chief Steve Smouse and Building Inspector Jeffrey A. Swanson. Absent were Village Treasurer Andrea J. Windoft, Village Attorney John I. LaMancuso, and Department of Public Works Supervisor Thomas R. Pilling.
APPROVAL OF MINUTES
Motion by Trustee McCague, seconded by Trustee Holcomb, to approve the minutes of the last regular meeting of the Board of Trustees, held April 23, 2018
and the minutes of the special meeting of the Board of Trustees, held April 30, 2018. Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
AUDIT OF CLAIMS
Motion by Trustee Schutte, seconded by Trustee Holcomb, that the claims as audited by the Auditing Committee of the abstracts dated May 14, 2018 be approved and that the Clerk shall execute said abstracts (#47, #48 & #49) and direct payment by the Treasurer. Trust & Agency Fund: $ 56,218.82, (Checks #4393 thru #4404), [Check #4405 voided], Trust & Agency Fund, $6,312.16, (Checks #4406 thru #4415), General Fund: $ 58,922.30, (Checks #14733 thru #14788). Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
ANYONE TO BE HEARD
Mr. Thomas Marlinski, 36 Ohio Ave., indicated to Mayor Birrittieri and members of the Board of Trustees that two weeks ago music at Craft Burgers and Brews didn’t quit until 10:15 PM. He said patrons of the restaurant then spilled out into the street where they became a loud and rowdy crowd. Mr. Marlinski then reiterated his complaint of being against amplified music that is played on the outside deck. He doesn’t have a problem when groups perform inside the restaurant.
Ms. Marilyn Osborne, 21 Cherry Lane, indicated to Mayor Birrittieri and the Board of Trustees that the owners of the apartment complex next door installed new lighting fixtures on the buildings last December and since then she and her neighbors have had to deal with the very bright light that spills over into their back yards and homes. She said the lights are so bright they even shine into homes on the west side of Cherry Lane. Ms. Osborne said it would help matters if the bright lights on the nearby apartment buildings were directed down toward the ground. Ms. Osborne said she has spoken with both Village Clerk Johnson and Building Inspector Swanson about the problem, which has become very irritating. Building Inspector Swanson indicated he met with Ms. Osborne regarding her concerns and has taken photos of the spillover lighting and is in the process of sending letters to both Fairmount Hills Apartments and the Crosby’s Convenient Store and gas station at 5 East Fairmount Ave. asking them to either direct their lighting fixtures downward or to install light shields to prevent light from spilling over onto adjacent properties. Mr. Swanson said in each case of spillover light, the property owners are not “dark sky” compliant. Trustee McCague suggested to Ms. Osborne that rather than her contact the owner of the Fairmount Hills apartments about the problem, it would be more appropriate if Building Inspector Swanson were to reach out to them about the light spillover issue. He also indicated to Ms. Osborne that the zoning committee is looking at the possibility of developing a community-wide lighting ordinance.
REPORTS
Mayor Birrittieri indicated that the Events & Marketing Committee has finalized the Live on the Lake concert & entertainment schedule for this summer and they are looking to have two individuals act as coordinators for each of the events. The Mayor said things are also moving forward regarding this year’s 4th of July Summerfest and noted that street vendor applications have been sent out. Mayor Birrittieri also reported that this year the Lakewood Community Development Corporation has agreed to take over the fundraising portion of this year’s 4th of July Summerfest through which the cost of the fireworks will be paid for.
Mayor Birrittieri then thanked the DPW crew for repositioning some of the planters along Chautauqua Ave. to where trees used to be, prior to them being cut down. With the help of some local volunteers Mike’s Nursery will be taking over the planting of flowers in the Chautauqua Ave. planters this year. The “Blooming Avenue” flowers are expected to be planted before Memorial Day.
Mayor Birrittieri said she was joined by Trustee Barnes, Trustee McCague and Trustee Schutte at last Wednesday’s Local Government Conference held at Houghton College, Houghton, New York.
Finally, Mayor Birrittieri invited everyone to attend the Village of Lakewood’s 125th Anniversary, 10:00 AM – 2:00 PM, Saturday, May 19th, with the opening ceremonies to be held at 10:00 AM in front of the History Museum. The History Museum and the Lakewood Fire Department Museum will both be open and the Lakewood Memorial Library has arranged some fun activities for all ages throughout the course of the event.
Police Chief John R. Bentley reported that the Lakewood-Busti Police Department has handled three thousand three hundred twenty-four incidents year-to-date, five hundred twenty-two of which occurred within the past three weeks. Chief Bentley indicated the past two weeks the L-BPD along with other law enforcement agencies participated in the “Drug Take Back” program at the Chautauqua Mall which collected a total of one hundred eighty-one pounds of outdated or unused prescription drugs. On a related note, Chief Bentley indicated that the Drug Drop-Box, located in the L-BPD foyer, is now available for use by area residents. An article on the Drug Drop-Box was published in a recent edition of The Post-Journal.
Chief Bentley also reported the L-BPD K-9 Unit recently assisted the Chautauqua County Sheriff’s Department following a personal injury motor vehicle accident. Within five minutes the K-9 officer was able to chase down and capture an individual who had fled from the scene.
In conclusion Chief Bentley said the L-BPD recently completed a federal asset forfeiture transaction, following the sale of a house which was seized a few years back. The L-BPD’s share of transaction totaled $ 16,494.47.
Fire Chief Steve Smouse reported that the Lakewood Fire Department has responded to sixty-two alarms during the month of April 2018. He also reported that in conjunction with the Village of Lakewood’s 125th Anniversary this Saturday, the LFD Museum as well as the Fire Station will be open between the hours of 10:00 AM – 2:00 PM.
Building Inspector Jeffrey A. Swanson indicated that springtime brings on some property maintenance issues which he is addressing as well as the spillover lighting concerns that were discussed earlier during tonight’s meeting.
Mr. Swanson also reported that the new 5 Star Urgent Care/Aspen Dental project is moving along quite well.
Mayor Birrittieri asked Mr. Swanson about the status of the property in the two hundred block of East Terrace Ave. that she believes could have some property maintenance violations. Mr. Swanson said he would be happy to check it out.
In conclusion, Mr. Swanson indicated he has reached out to the Chautauqua County Land Bank regarding the possible acquisition of two vacant and dilapidated properties.
RESOLUTION #65-2018 – ADOPT LOCAL LAW #5-2018 – RE: SOLAR PANEL FARMS MORATORIUM
Motion by Trustee Schutte, seconded by Trustee Holcomb, to adopt Local Law #5-2018, establishing a moratorium on the permitting and construction of solar panel farms and related buildings, facilities and systems within the corporate limits of the Village of Lakewood, New York.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #66-2018 – ADOPT LOCAL LAW #6-2018 – RE: WIND TURBINE MORATORIUM
Motion by Trustee Schutte, seconded by Trustee McCague, to adopt Local Law #6-2018, establishing a moratorium on the permitting and construction of wind turbines and related buildings, facilities and systems within the corporate limits of the Village of Lakewood, New York.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #67-2018 – APPROVE THE PURCHASE OF A USED 10-WHEELED DUMP TRUCK
Motion by Trustee Holcomb, seconded by Trustee Schutte, for the Board of Trustees to approve the purchase of a 2002 International Paystar 5000, 10- wheeled dump truck from the Town of Busti at a cost of $ 20,000.00, per the recommendation of D.P.W. Supervisor Thomas R. Pilling.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
REVIEW OF SIX POTENTIAL STORMWATER MANAGEMENT PROJECTS
Ms. Erin M. Brickley, Executive Director of the Chautauqua Lake & Watershed Management Alliance appeared before Mayor Birrittieri and members of the Board of Trustees to review with them six (6) Stormwater Management Projects as identified by the engineering firm, Barton & LoGuidice, D.P.C., Rochester, New York, and discuss possible grant/funding opportunities for one or more of these projects. Ms. Brickley began the discussion by introducing Ms. Tamara Miles, seasonal narrative portion of part-time grant writer for the Chautauqua Lake & Watershed Management Alliance. She indicated that Ms. Miles will be working on the narrative portion of any grant submissions for this project. Ms. Brickley then took a moment to thank Trustee McCague, for his willingness to serve as a Director on the Chautauqua Lake & Watershed Management Alliance. Ms. Brickley indicated that the folks at Barton & LoGuidice, D.P.C., put together a lot of data and research in identifying six (6) stormwater management projects within the scope of the engineering study. It became the CL&WMA’s job to then score and prioritize the six (6) projects to come up with a top three (3).
Ms. Brickley, along with Mayor Birrittieri and members of the Board of Trustees, then took a few minutes to review in detail each of the six (6) projects via a “hand-out” prepared by Barton & LoGuidice and the Chautauqua Lake & Watershed Management Alliance. They included the Chautauqua Ave. Green Street Retrofit, Lowe Stormwater Park, Lakewood Rod & Gun Club Constructed Wetland, Hillcrest Streambank Restoration, Village & Town Stormwater Swales and Shadyside Road Pond Retro plus New Pond Construction. She said her goal this evening is to determine what CFA (Consolidated Funding Applications) grants to apply for. Ms. Brinkley indicated that after reviewing each of the six (6) projects, both Barton & LoGuidice & the CL&WMA, it was recommended by the CL&WMA that the Chautauqua Ave. Green Street Retrofit, Lowe Stormwater Park and the Lakewood Rod & Gun Club Constructed Wetland be selected as the top three (3) priority projects for 2018 CFA State Grant Funding. She said to complete the three (3) priority projects would require funding and in-kind services totaling 1.3 million dollars. Ms. Brinkley indicated that there is $79 million worth of funding available through the NYS Department of Environmental Conservation’s Water Quality Improvement Project (WQIP) program, which carries with it a 25% local match.
Ms. Brinkley concluded her presentation, saying this evening the Chautauqua Lake & Watershed Management Alliance would greatly appreciate receiving verbal approval from Mayor Birrittieri and the Board of Trustees for the CL&WMA to move forward with CFA grants for the three (3) selected watershed management projects. She did note that the other three (3) projects that weren’t selected could be looked at again in the future.
Trustee McCague indicated that the projects selected will fit in well with other ongoing projects within the Village of Lakewood, such as the Main Street Project on Chautauqua Ave. and the Lowe Stormwater Park to one day be a stop in the Lakewood-Jamestown, onnector linking the two municipalities.
Trustee Schutte said he believes the Chautauqua Ave, Green Street Retrofit, appears to be a project wherein the DPW could provide considerable in-kind services to. Trustee Barnes said the total project figures indicate it could be overwhelming for the Village of Lakewood to afford the 25% match of $1.3 million. At this time she would be reluctant to make that financial commitment and would hate to burden Village of Lakewood taxpayers with even higher taxes. Ms. Brickley said the CL&WMA would maximize their partnerships to be able to assist the Village of Lakewood financially.
Trustee McCague said the Village of Lakewood wouldn’t likely need to show a funding match until next year’s budget. He added that Ms. Brickley has done a first class job in putting together and presenting these stormwater management projects to the Village of Lakewood.
Mayor Birrittieri indicated it is therefore the consensus of the Board of Trustees of the Village of Lakewood to give verbal approval for the Chautauqua Lake & Watershed Management Alliance to move forward with the three (3) priority watershed management projects.
RESOLUTION #68-2018 – APPROVE SHARED FIRE CODE INSPECTOR AGREEMENT
Motion by Trustee McCague, seconded by Trustee Schutte, for the Board of Trustees to approve the Shared Fire Code Inspector Agreement between the Village of Lakewood and the Town of Busti, and to authorize Mayor Birrittieri to execute same.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #69-2018 – AUTHORIZE FUND TRANSFER
Motion by Trustee Holcomb, seconded by Trustee Schutte, authorizing Village Treasurer Andrea J. Windoft to transfer $ 17,706.56 from Account T1093.00, [DPW – Sale of Equipment], to Account A5110.20, [DPW Equipment], to be used towards the purchase of a 2002 International Paystar 5000, 10-wheeled dump truck from the Town of Busti. The total cost of the dump truck is $ 20,000.00
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #70-2018 – AUTHORIZE CREATION OF A NEW TRUST & AGENCY ACCOUNT
Motion by Trustee McCague, seconded by Trustee Holcomb, authorizing Village Treasurer Andrea J. Windoft to create a new Trust & Agency savings account, T1093.15, [Farmers’ Market]. NOTE: Vendor registration fees will offset the cost of signage and other minor purchases to be made. Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #71-2018 – AUTHORIZE END OF FISCAL YEAR BUDGET TRANSFERS
Motion by Trustee Holcomb, seconded by Trustee Schutte, authorizing Village Treasure Andrea J. Windoft to make the necessary end of year budget transfers for 2017-2018.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #72-2018 – APPROVE USE OF VILLAGE STREETS & PARK
Motion by Trustee Schutte, seconded by Trustee McCague, to approve the use of village streets by the Lakewood YMCA as routes for the Firecracker 10K and 2 mile run and the use of Richard O. Hartley Park as the site for the children’s money hunt, Wednesday, July 4th. These events are being held in conjunction with the Village of Lakewood’s annual 4th of July Summerfest.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #73-2018 – REVENUES & EXPENSES RE: 4TH OF JULY SUMMERFEST
Motion by Trustee Holcomb, seconded by Trustee Schutte, authorizing Village Treasurer Andrea J. Windoft to oversee the revenues and expenses associated with the 2018 4th of July Summerfest.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #74-2018 – APPROVE USE OF VILLAGE STREETS
Motion by Trustee Schutte, seconded by Trustee Holcomb, approve use of village streets by Endurance Factor, Ellicottville, N.Y., the organizer of the 4 For 44 Relay Race, set for Sunday, September 9, 2018, which will start and finish at the Southern Tier Brewery off Hunt Road. Note: Wave start times will take place from 6:30 – 9:00 AM.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #75-2018–CONFIRM APPOINTMENT OF NEW CHAIRMAN OF THE PLANNING BOARD
Motion by Trustee McCague, seconded by Trustee Holcomb, to confirm Mayor Birrittieri’s appointment of Mr. Martin “Marty” Idzik, 112 West Terrace Ave., as Chairman of the Planning Board. Mr. Idzik will be taking over for Ms. Kaie Smith, who stepped down as Chairperson earlier this year. Mr. Idzik has been a member of the Planning Board since October 2016 and has served as Deputy Chairman since January 2017.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #76-2018 – AUTHORIZE PARTICIPATION ON THE CHAUT. CO. FIRE POLICE TEAM
Motion by Trustee Holcomb, seconded by Trustee Schutte, that the Board of Trustees, acting as the Board of Fire Commissioners, authorize Lakewood Fire Department member Mr. David Joy to participate as a member of the Chautauqua County Fire Police Response Team.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #77-2018 – AUTHORIZE ATTENDANCE AT NYS FIRE CHIEFS CONVENTION
Motion by Trustee Schutte, seconded by Trustee Holcomb, that the Board of Trustees, acting as the Board of Fire Commissioners, authorize Fire Chief Steve Smouse, First Assistant Chief Kurt W. Hallberg, Second Assistant Chief Todd Gilbert and LFD Safety Officer Jackson Knowlton, to attend the NYS Association of Fire Chiefs convention/conference at the Turning Stone Resort, Verona, N.Y., from June 13th thru June 16th. The LFD contingent will be reimbursed for any appropriate expenses incurred.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #78-2018 – ADOPT EQUAL EMPLOYMENT OPPORTUNITY CLAUSE
Motion by Trustee McCague, seconded by Trustee Schutte, for the Village of Lakewood to adopt an expanded version of the Equal Employment Opportunity Clause as part of its official policies and procedures.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #79-2018 – ADOPT COMPREHENSIVE AMERICANS WITH DISABILITIES ACT (ADA)
Motion by Trustee Schutte, seconded by Trustee McCague, for the Village of Lakewood to adopt a more comprehensive Americans with Disabilities Act, (ADA) of 1990 as part of its official policies and procedures.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #80-2018 – ADOPT AN OFFICIAL GRIEVANCE PROCEDURE, RE: ADA
Motion by Trustee Holcomb, seconded by Trustee Schutte, for the Village of Lakewood to adopt an official Grievance Procedure relating to the Americans with Disabilities Act (ADA) of 1909 as part of its official policies and procedures.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #81-2018 – AMEND CURRENT PROCUREMENT POLICY TO INCLUDE M/WBE
Motion by Trustee McCague, seconded by Trustee Schutte, for the Village of Lakewood to amend its current Procurement Policy to include the mention of Minority/Women owned Business Enterprises, (M/WBE), as part of its official policies and procedures.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #82-2018 – POSTPONE NEXT REGULAR MEETING OF THE BOARD OF TRUSTEES
Motion by Trustee Holcomb, seconded by Trustee McCague, due to the upcoming Memorial Day Holiday, to postpone the next regular meeting of the Board of Trustees, previously scheduled for Memorial Day, Monday, May 28th to Tuesday, May 29th. The Board of Trustees meeting will be held at 6:30 PM, in the Board Room of the Anthony C. Caprino municipal building, preceded by a 6:00 PM work session.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #83-2018 – APPROVE 2018 DOCK PERMIT APPLICATIONS
Motion by Trustee Holcomb, seconded by Trustee McCague, to approve 2018 dock permit applications as submitted by the following; Mr. William F. Chandler, 207 W. Summit St. for the Division St. right-of-way, Mr. John Hickey, 147 W. Summit St., for the Gifford Ave. right-of-way and Mr. Steve Johnson, 26 Harlem Ave., for the Harlem Ave. right-of-way.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
Motion by Trustee Barnes, seconded by Trustee McCague, and unanimously carried the Board adjourned at 7:45 PM.
Joseph M. Johnson
Village Clerk
