JANUARY 24, 2022
The second regular meeting of the Board of Trustees of the Village of Lakewood, N.Y., was held, Monday, January 24, 2022, 6:30 PM, with Mayor Randall G. Holcomb presiding. Trustees Ellen E. Barnes, R. Richard Fischer and Benjamin J. Troche were also present. Trustee Nancy W. Jones 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, Fire Chief Kurt Hallberg and Building Inspector Jeff Swanson. Absent was Police Chief Christopher DePonceau.
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 January 10, 2022.
Adopted: 4 ayes, no nays (Barnes, Fischer, Jones, Troche)
AUDIT OF CLAIMS
Motion by Trustee Fischer, seconded by Trustee Barnes, that the claims as audited by the Auditing Committee of the abstracts dated January 24, 2022, be approved and that the Clerk shall execute said abstracts and direct payment by the Treasurer. Abstracts (#36 & #36) Trust & Agency Fund: $ 57,418.14, (check #6245), General Fund: $ 52,798.30, (checks #18520 thru #18554).
Adopted: 4 ayes, no nays (Barnes, Fischer, Jones, Troche)
REPORTS
DPW Supervisor Thomas R. Pilling reported two weeks ago one of the front line dump trucks was down due to a minor issue in the vacuum line and is now back up and running. He said the loader is out of service right now and added Five Star International, LLC, Buffalo, NY, is looking for a relay for the DEF tank. Once the faulty relay is replaced, the John Deere Loader will be put back into service.
Mr. Pilling said a few months ago he discussed the possibility of purchasing a new dump truck and asked if Mayor Holcomb and/or any of the Trustees have given the matter any thought?
Trustee Barnes asked Mr. Pilling if he has an estimated cost for a new truck and when he would like to go ahead with ordering one.
Mr. Pilling said the estimated cost of a new dump truck is $170,000.00, adding he would like to order it as soon as possible because its delivery could take up to eighteen months.
Village Treasurer Troutman said her interpretation of the ARPA rules now are that those funds could be used for a truck. She indicated the village has approximately $25,000.00 ARPA funds still left from the available cash we received this year and in June or July the village should be receiving the second allotment of those funds.
Fire Chief Kurt Hallberg reported the Lakewood Fire Department has responded to sixty alarms year to date.
Village Treasurer Apryl L. Troutman reported that in connection with one of the New York Main Street Grant projects, which was scheduled to have work done never went forward, the village was supposed to be reimbursed $350.00 towards that project. Since it was never done the village will now be responsible for that $ 350.00.
Treasurer Troutman also reported Clinton Brown Company Architect, PC, Buffalo, NY, discovered an error in their accounting with the NY Main Street Grant and has reimbursed the village $393.75.
Treasurer Troutman said M & T Bank has closed the bank account the village had established for the CHRIC grant due to no activity. They did say the account could be re-opened in the future should the village decide to pursue another grant.
Building Inspector Jeff Swanson reported he has been responding to some strange property maintenance complaints. Mr. Swanson also said by the February 14, 2022 meeting he will have his annual report ready to submit to the Board of Trustees.
Mr. Swanson reported that there has been sixty-two fire inspections performed which should be a revenue of $5,000.00 and as of right now there is still $ 3,900.00 of that outstanding. He noted that a number of locations require repeat visits and suggested a change in the fee schedule to include a fee for return visits as well as a late fee for companies that do not pay within a reasonable time.
Historic Preservation Steering Committee submitted a report to the Board of Trustees saying the HPSC continues its work, albeit at a slower pace. Due to COVID concerns they have not met in person since December but rather virtually thru e-mail and file sharing.
- Dr. R.G. Witchey has decided to resign from the HPSC committee for personal reasons.
- History Museum: To date, the committee members have all toured the museum, gathered their thoughts and impressions, shared thoughts on the museum’s importance and its future. Based on their input and additional research and consultation with experts a recommendation report is being developed. Our current goal is to provide the Board with this report sometime in the near future.
- Village Hall: The committee unanimously believes that preservation and rehabilitation of village hall is critically important to our community. With that thought in mind, some preliminary research and consultation was made to determine what best first steps the village should take to ensure the long-term future of our iconic building. We recommend the following two steps be undertaken immediately:
First, the village should complete and submit a NYS Determination of Eligibility (DOE) application with the State Historic Preservation Office (SHPO) to determine whether our building could qualify as a Historic Landmark building.
Second, the committee recommends that a Historic Structure Report be conducted to begin the process of preserving and protecting our iconic government building. This report is a comprehensive analysis of the existing conditions of the building, space utilization, and offers recommendations for its restoration, rehabilitation or adaptive re-use. (see: The Preparation and Use of Historic Structure Reports.)
To accomplish the above goals, the HPSC recommends, 1.) that the village board authorize Clinton Brown Company Architecture, pc, Buffalo, NY, to complete a NYS DOE application and, 2.) to prepare and submit a New York Preservation League Preserve New York grant application to assist with the cost of a Historic Structure Report. Application deadline is April 15th and if awarded, our consultants could begin the report soon thereafter. (see NYPL Guidelines https://www.preservenys.org/preserve-new-york). The committee has contacted CBCA to request a proposal to do the above and will forward to the mayor and board once received.
- Historic Preservation: once the two matters referenced above are put into motion the committee will begin the historic preservation process for the village.
Respectfully submitted on behalf of the Historic Preservation Steering Committee.
RESOLUTION #15-2022 – APPROVE LAKEWOOD FIRE DEPARTMENT MEMBER
Motion by Trustee Fischer, seconded by Trustee Troche, that the Board of Trustees, acting as the Board of Fire Commissioners, approve the reinstatement of Mr. Shawn Hallett, 1588 Trask Rd., Jamestown, as an active member of the Lakewood Volunteer Fire Department.
Adopted: 4 ayes, no nays (Barnes, Fischer, Jones, Troche)
RESOLUTION #16-2022 – TABLE SPECIAL MUSIC PERMIT FOR GROUP THER-HAPPY
Motion by Trustee Barnes, seconded by Trustee Fischer, for the Board of Trustees to table the request for a Special Music Permit, as submitted by Group Ther-Happy, for Sunday afternoons from March 27, 2022 through October 30, 2022, until such a time they re-submit the actual dates they intend to have music for the entire summer.
Adopted: 4 ayes, no nays (Barnes, Fischer, Jones, Troche)
RESOLUTION #17-2022 – AUTHORIZE FUND TRANSFER
Motion by Trustee Troche, seconded by Trustee Barnes, to authorize Village Treasurer Apryl L. Troutman to make the following transfer and journal entry to expense $ 350.00 for a non-reimbursable grant expenditure for the recently completed NY Main Street Grant: $ 350.00 from A8510.43 {Community Beautification – Lake/Shore Management} to A8510.40 {Community Beautification – Contractual}. Debit Acct. A8510.40, Credit Acct. A410.00 {Due from State & Federal Government} for $ 350.00.
Adopted: 4 ayes, no nays (Barnes, Fischer, Jones, Troche)
RESOLUTION #18-2022 – AUTHORIZE MID-YEAR BUDGET TRANSFER
Motion by Trustee Fischer, seconded by Trustee Troche, to authorize Village Treasurer Apryl L. Troutman to make the following mid-year budget transfer for a budget shortfall: $ 4,000.00 from A-5110.40 {Street Maintenance – Contractual} to A-5110.43 {Street Maintenance – Vehicle Maintenance}.
Adopted: 4 ayes, no nays (Barnes, Fischer, Jones, Troche)
RESOLUTION #19-2022 – AUTHORIZE MID-YEAR BUDGET TRANSFER
Motion by Trustee Fischer, seconded by Trustee Barnes, to authorize Village Treasurer Apryl L. Troutman to make the following mid-year budget transfer for a budget shortfall: $ 2,000.00 from A-3410.45 {LFD – Diesel Fuel} to A-3410.44 {LFD – Gasoline}.
Adopted: 4 ayes, no nays (Barnes, Fischer, Jones, Troche)
ANYONE TO BE HEARD
Dr. R.G. Witchey, 2 Atlantic Ave., said he is in attendance in regards to the short term rentals within the Village of Lakewood, such as Airbnb’s and VRBO’s. He said they are primarily vacation rentals and the business of renting the residences is commonly done via the internet.
Dr. Witchey said it is his belief there should be no rental of less than 30 days for any residence within the already defined residential zones, in the Village of Lakewood. He said these short term rentals are already taking place for lack of oversight by the village, the owners are already in violation of zoning regulations. An increasing concentration of the owners infrequently occupy the homes when they are not being rented.
These short term rentals change the usage of the homes from residential to business and/or commercial use.
Dr. Witchey believes there needs to be a sense of urgency in developing an updated series of zoning regulations regarding any rental of less than 30 days. He said he would be interested in each Trustee’s individual view on this matter, particularly in regards to expediting discussion and action by June 1, 2022, before the summer rental season begins.
Motion by Mayor Holcomb, seconded by Trustee Fischer and unanimously carried the Board adjourned at 7:10 PM.
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Mary B. Currie
Village Clerk
