DECEMBER 10, 2018
The twenty-third regular meeting of the Board of Trustees of the Village of Lakewood, N.Y., was held Monday, December 10, 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, Village Treasurer Andrea J. Windoft, Police Chief John R. Bentley, Village Attorney John I. LaMancuso, Department of Public Works Supervisor Thomas R. Pilling, Fire Chief Steve Smouse and Building Inspector Jeffrey A. Swanson.
OBSERVE A MOMENT OF SILENCE
Deputy Mayor McCague respectfully asked members of the Board of Trustees and those in attendance this evening to join him in a moment of silence in memory and honor of George H. W. Bush, the 41st President of the United States, who died Friday, November 30th.
APPROVAL OF MINUTES
Motion by Trustee Schutte, seconded by Trustee Barnes, to approve the minutes of the last regular meeting of the Board of Trustees, held November 26, 2018.
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 30, 2018 and December 10, 2018, be approved and that the Clerk shall execute said abstracts (#26, #27 & #28) and direct payment by the Treasurer. General Fund: [End of the Month]: $ 47,131.54, (Checks #15392 & #15393), Trust & Agency Fund: $ 72,339.92 (Checks #4591 thru #4611), General Fund: $ 319,462.74, (Checks #15394 thru #15430)
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
REPORTS
Department of Public Works Supervisor Thomas R. Pilling was pleased to report that the new refueling facility at 5 Packard Ave. is finally in service.
Deputy Mayor McCague suggested that it might be a good idea to schedule a ribbon cutting or photo opportunity to celebrate and bring attention to this joint effort between the Southwestern Central School District and the Village of Lakewood.
Mr. Pilling indicated SWCS would more than likely wish to participate in a ribbon cutting which can be arranged by contacting Ms. Maureen Donahue, the school Superintendent.
Police Chief John R. Bentley reported that the Lakewood-Busti Police Department has handled eight thousand four hundred forty-nine incidents year-to-date, three hundred thirty-nine of which have occurred within the past two weeks. Chief Bentley also reported within the past two weeks the L-BPD was pressed into action in connection with two major burglaries, one involving the theft of a car and property from a residence on East Terrace Ave. and the other involving a car being stolen from LUV Toyota. Both crimes resulted in high speed car chases involving multiple law enforcement agencies. He said the L-BPD K-9 Unit was called into action and tracked down the individual who stole the car from LUV Toyota in a wooded area off I-86 after abandoning the stolen car.
Chief Bentley commended L-BPD Investigator Reed and Officers Currie and Guttman for their efforts in investigating the burglary on East Terrace Ave. Investigator Reed recognized and attempted to pull over the stolen vehicle, which had a three year old child on board. A high speed chase ensued down Fairmount Ave., which ended, with assistance from the Jamestown Police Dept., in the apprehension of the perpetrator. He said solid police work resulted in the recovery of the car and 95% of the property reported stolen from the East Terrace Ave. residence.
In addition to those two burglaries, night crew Officers Cummings and Lundsten, recently apprehended an individual in the act of trying to pry open the cash boxes at the E-Z Car Wash on East Fairmount Ave.
Chief Bentley said the perpetrator and his look-out were taken into custody and charged with larceny and criminal mischief.
Chief Bentley then wished to thank Mr. Scott Farrell, for a very generous donation he recently made to the L-BPD K-9 fund.
Chief Bentley concluded his report by saying the L-BPD experienced another deer strike causing considerable damage to a patrol car, (L-3).
Fire Chief Steve Smouse reported that the Lakewood Volunteer Fire Department responded to sixty-six (66) alarms during the month of November, and a total of eight hundred sixty year-to-date. He also reported that the new 2018 Sutphen Aerial Ladder Truck has arrived and after conducting some training and equipping the new truck, it should be ready to be placed into service shortly after the first of the year.
Deputy Mayor McCague indicated he took a ride on the new aerial ladder truck and came away being very proud of the LFD and its state of the art facility and equipment. Mr. McCague said he hopes to get some photos of the new aerial ladder truck up on Lakewood’s web-site.
Village Treasurer Windoft indicated one of the items in her hand-outs to Deputy Mayor McCague, members of the Board of Trustees and Village Attorney LaMancuso included information on establishing a “lock-box”, which could be utilized when taxpayers remit their Village tax bill payments. Mrs. Windoft said use of such a “lock-box” would streamline the collection of tax payments for the Village of Lakewood, while eliminating the time consuming procedure, now performed by Deputy Treasurer Currie, of opening and processing each of the tax bill payments. Village Treasurer Windoft also noted the Village of Lakewood’s bank would process each payment and provide a disc with the data at the end of each business day. Mrs. Windoft did add there is a slight fee the bank would charge to operate a “lock-box” for the Village of Lakewood.
Trustee Holcomb indicated there are very few towns, school districts or villages that haven’t opted to establish a “lock-box” for the purpose of collecting taxes.
Village Treasurer Windoft also asked the Board of Trustees to give some consideration to the idea for the Village of Lakewood to begin accepting credit card payments, for taxes and other fees. She noted there is a program called Govpaynet which makes it very easy for government agencies, such as a village, to set-up and implement a credit card and debit card payment plan. Mrs. Windoft said Govpaynet will provide all the necessary equipment and any necessary training at no cost to the Village of Lakewood. She noted the system is currently used by the Chautauqua County Sheriff’s Department and the Town of Busti. In having the ability to pay taxes and fees via a credit or debit card, Mrs. Windoft said the Village of Lakewood’s website could provide a link to folks who in turn would be able to carry-out mobile or on-line payments. Mrs. Windoft said if the Board of Trustees opts to make use of the services provided by the Govpaynet program, it could be set-up in a matter of a few days.
Trustee Schutte said he would wholeheartedly endorse both the “lock-box” idea and the Govpaynet program as ways to streamline transactions overseen by the Treasurer’s Office.
Deputy Mayor McCague asked Treasurer Windoft about the fees associated with setting-up the “lock-box” in that funds for those costs weren’t appropriated in the current budget.
Village Treasurer Windoft indicated if the Board of Trustees agrees to establish a “lock-box”, set-up costs would not be billed until July 2019, allowing the Village of Lakewood to appropriate the necessary funds in the 2019-2020 budget.
RESOLUTION #153-2018 – APPROVE/AUTHORIZE USE OF THE GOVPAYNET PROGRAM
Motion by Trustee Holcomb, seconded by Trustee Schutte, authorizing Village Treasurer Andrea J. Windoft to initiate the process to establish an account with Govpaynet, whereby the Village of Lakewood will be able to accept credit or debit card payments against property tax bills and/or other Village of Lakewood imposed fees.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
REPORTS (CONTINUED)
Building Inspector Jeff Swanson reported that he attended an Energy Code Training session last week at Southern Tier West, which was sponsored by the New York State Energy Research & Development Authority (NYSERDA). Mr. Swanson said it isn’t official yet, but there are rumors that another round of “Clean Energy Community” grants could be made available through NYSERDA in 2019.
COMMITTEE REPORTS
Trustee Holcomb said in connection with the NYSERDA grant, things are moving forward and any and all future actions by the Board of Trustees regarding this grant will be entered onto NYSERDA’S website.
Ms. Ruth Wahl, Chairperson for the Parks & Recreation Committee, said the on-line survey has been closed down after having received over a hundred responses. She said the results will be reviewed and tabulated during the month of January.
Ms. Wahl also reported that the Farmers’ & Artisans’ Market Committee is meeting regularly.
RESOLUTION #154-2018 – APPROVE INTER-MUNICIPAL AGREEMENT
Motion by Trustee Schutte, seconded by Trustee Barnes, for the Board of Trustees to approve the Inter-Municipal Agreement between the Village of Lakewood and the Southwestern Central School District, regarding the use and operation of the joint refueling facility at 5 Packard Ave., and to authorize Deputy Mayor McCague to execute said agreement once the final draft of the document has been agreed to by the Southwestern Central School District’s legal counsel.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #155-2018 – USE OF PRIMARY SOURCE FOR REFUELING
Motion by Trustee Barnes, seconded by Trustee Schutte, encouraging the Lakewood-Busti Police Department employees to utilize the new refueling facility at 5 Packard Ave, as the primary source for fuel, unless extenuating circumstances require use of the refueling facility owned and operated by the Town of Busti, located adjacent to their highway garage.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #156-2018 – APPROVE PAYMENTS TO NYS RETIREMENT SYSTEM
Motion by Trustee Barnes, seconded by Trustee Holcomb, authorizing Village Treasurer Windoft to make the NYS Retirement System contribution payments
(ERS: $ 75,524.00 & P&FRS: $ 198,054.00), which are due December 15th , via ACH.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #157-2018 – AUTHORIZE MID-YEAR BUDGET TRANSFER
Motion by Trustee, Barnes, seconded by Trustee Holcomb, authorizing Village Treasurer Andrea J. Windoft to make a mid-year budget transfer of $ 1,029.05, from Account A-5110.40, [Streets Contractual], into Account A-5110.46, [Streets-Tree Service], due to an overage.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #158-2018 – AUTHORIZE CREATION OF TWO NEW TRUST & AGENCY ACCOUNTS
Motion by Trustee Schutte, seconded by Trustee Barnes, authorizing Village Treasurer Andrea J. Windoft to create two (2) new Trust & Agency Accounts; T-1093.71, [Fuel Farm – Repairs], and T1093.72, [Fuel Farm – Expenses], in connection with the proposed Inter-Municipal Agreement between the Village of Lakewood and the Southwestern Central School District, regarding operating expenses associated with the joint refueling facility at 5 Packard Ave. .
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #159-2018 – ACCEPT LOW QUOTES RE: FIRE STATION FURNACE UPGRADES
Motion by Trustee Holcomb, seconded by Trustee Barnes, for the Village of Lakewood to accept the low quote received from Jamestown Heating & Air Systems, Jamestown, N.Y., in the amount of $ 12,856.00, ($ 6,428.00 each), to replace two (2) of the three (3) furnaces at the Lakewood Fire Station.
NOTE: $9,500.00 of the total quote price will be paid through a grant received from the New York State Division of Criminal Justice Services, with the difference ($ 3,356.00) to be paid from the Lakewood Fire Department Account A-3410.20. [Fire – Equipment].
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #160-2018 – APPROVE LETTER OF AUTHORIZATION TO NATIONAL GRID
Motion by Trustee Holcomb, seconded by Trustee Schutte, for the Village of Lakewood to send a Letter of Authorization to National Grid, initiating a proposal made possible through a grant received from the New York State Energy Research & Development Authority (NYSERDA), to convert three hundred ninety-six (396) cobra-head style lighting fixtures to more energy efficient LED fixtures within the Village of Lakewood’s street lighting district at a cost of $ 2.33/fixture. The fixture conversion will be done with the understanding that the new fixtures will comply with “dark sky” rating standards to preserve the nighttime sky and minimize light pollution as noted in the Village of Lakewood’s Comprehensive Plan under Commercial Lighting Policy.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #161-2018 – AUTHORIZE BUDGET TRANSFER
Motion by Trustee Holcomb, seconded by Trustee Barnes, authorizing Village Treasurer Andrea J. Windoft to transfer $ 309.80, from Trust & Agency Account T-1037.40. [Village Trees], into Account A-8510.41, [Community Beautification–Trees], to pay for protective tree tape.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #162-2018 – AUTHORIZR BUDGET TRANSFER
Motion by Trustee Holcomb, seconded by Trustee Barnes, authorizing Village Treasurer Andrea J. Windoft to transfer $ 3,726.24, from Trust & Agency Account T-1093.20, [Asset Forfeiture], into Account A-3120.20, [Police Equipment], to pay for new uniforms and accessories.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #163-2018 – CANCEL NEXT REGULAR MEETING OF THE BOARD OF TRUSTEES
Motion by Trustee Holcomb, seconded by Trustee Barnes, that due to the Christmas Eve Holiday, (Monday, December 24th), for the Board of Trustees to cancel the next regular meeting of the Board of Trustees, which had previously been scheduled for Monday, December 24, 2018. NOTE: Members of the Board of Trustees will however be required to audit any claims/invoices processed for payment the last week in December.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #164-2018 – SET TIME & DATE FOR ANNUAL ORGANIZATIONAL MEETING
Motion by Trustee Barnes, seconded by Trustee Schutte, as previously discussed at the work session, for the Board of Trustees to hereby set 6:00 PM, Monday, January 14, 2019, as the time and date to conduct the Village of Lakewood’s Annual Organizational meeting, which will be held in conjunction with the next regular meeting of the Board of Trustees. The Annual Organizational meeting will be held in the Board Room of the Anthony C. Caprino Municipal Building, 20 West Summit Street, Lakewood, N.Y., and in accordance with the Open Meetings Law, any meeting of a public body must be open to the public.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #165-2018 – SET TIME & DATE FOR PUBLIC HEARING
Motion by Trustee Holcomb, seconded by Trustee Barnes, to set 6:40 PM, Monday, January 28, 2019, as the time and date for the Board of Trustees to conduct a public hearing to consider adopting the Main Street/Mixed-Use Building Reuse Analysis Plan for Chautauqua Ave. The plan was prepared by LaBella Associates, Buffalo, New York, with the help of a Technical Assistance Grant. NOTE: This Main Street Master Plan interfaces with a Target Area Building Renovation grant application recently submitted by the Village of Lakewood.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
ANYONE TO BE HEARD
Mr. David Card, 38 Chautauqua Ave., appeared before Deputy Mayor McCague and members of the Board of Trustees to thank them for their supportive remarks regarding the upcoming Christmas in the Village, which appeared in The Post-Journal yesterday. Mr. Card said with the backing and support of local businesses, things for this year’s event are coming together nicely.
He then extended an invitation to everyone to attend and enjoy this annual community event.
Deputy Mayor McCague commended Mr. Card, Mr. Bob Lingle, owner of the Off the Beaten Path Bookstore, and others who have done a marvelous job in pulling the event together, which had been organized by members of the Events & Marketing Committee the previous two years.
Dr. Jim Cirbus, President of the Chautauqua Lake Partnership (CLP) appeared before Deputy Mayor McCague and members of the Board of Trustees and asked if the Village Clerk had provided them with a copy of a resolution drafted by CLP’s legal counsel, for their consideration this evening. Dr. Cirbus indicated that the CLP is trying to get the permit process moving forward regarding plans to apply aquatic herbicides in certain targeted areas of Chautauqua Lake in 2019. He said the resolution before them this evening asks for permission from the Board of Trustees allowing the CLP to apply for the proper permits from the NYS Department of Environmental Conservation, and for the Deputy Mayor to execute a letter of notification, relating to the application of aquatic herbicides in Chautauqua Lake waters bordering the Village of Lakewood.
Dr. Cirbus said he and the CLP is hopeful that the Board of Trustees will be able to vote on this resolution this evening. He noted although this resolution is not binding it facilitates the permit process through the NYS Department of Environmental Conservation.
Trustee Barnes said she is somewhat hesitant to jump in headfirst, noting what happened last year.
Village Attorney LaMancuso indicated the issue the Village of Lakewood ran into last year was the Town of Busti received a permit, and although Lakewood did not, the township took the position that their permit allowed the contractor to apply aquatic herbicides along Lakewood’s shorelines. He said the CLP is now approaching the Village of Lakewood asking for their support in moving forward with the permit process.
Ms. Ruth Wahl, 106 Winchester Road, indicated she attended a Board of Trustees meeting earlier in the year whereat scientists noted that applying herbicides to the waters of Chautauqua Lake wasn’t a good idea. She then suggested that the Board of Trustees look at all the information along with other weed control options before they allow herbicides to be applied to the lake.
Mr. Michael LaTone, CLP Treasurer, indicated the permit application process takes three to four months to put together and said all this first phase does is point out what areas of the lake are being considered for herbicide application.
Deputy Mayor McCague asked Dr. Cirbus if the CLP had a deadline when they absolutely needed input from the Village of Lakewood on the proposed resolution.
Dr. Cirbus said the CLP would like the Board of Trustees to take action on the resolution this evening, however the latest they, meaning the CLP, need something in place would be by year’s end. He said it is going to be necessary for the CLP to submit a total of twelve permit applications for different townships and villages and ideally they would like to submit them altogether.
Deputy Mayor McCague said because the Village of Lakewood just received resolution this morning one or more of the Trustees and/or the Village Attorney might not have had ample time to review it. Because this matter seemed rushed, Mr. McCague indicated he would like for members of the Board of Trustees and the Village Attorney to take some time to look it over.
Dr. Cirbus said the CLP is trying its best to get the information out there and right now the CLP is about three-four months ahead in the permit process when compared to where it was last year at this time.
Trustee Barnes said it is important to know what the yearly plans are for the various lake organizations so the Village of Lakewood may take those plans into consideration when preparing its annual budget.
Dr. Cirbus indicated there are no binding financial obligations for the Village of Lakewood by approving and signing the resolution as presented, adding the CLP is paying for all the permit fees.
Trustees Barnes and Holcomb asked Village Attorney LaMancuso if he has any reservations with the Board of Trustees approving this resolution at this time. Trustee Barnes said it just makes sense to get things moving forward and is in favor of approving the resolution as presented.
Village Attorney LaMancuso indicated that the resolution doesn’t bind the Village of Lakewood to authorize any herbicide application. In addition the Board of Trustees is just authorizing the Deputy Mayor to execute a document regarding a permit application while reserving a decision on whether aquatic herbicides should or shouldn’t be applied to targeted areas of Chautauqua Lake off Lakewood’s shore lines.
Dr. Cirbus said it is very important that this project has the collaborative support of all the municipalities around Chautauqua Lake, and is hopeful to avoid the jurisdictional issue that surfaced last year. He said representatives from the CLP will be before officials from the Town of Busti next week with a like Resolution.
Deputy Mayor McCague said he likes the fact that the Village of Lakewood would have its own permit when it comes to deciding on aquatic herbicide application off its shoreline.
RESOLUTION #166-2018 – APPROVE CLP’S HERBICIDE APPLICATION PERMIT PROCESS
Motion by Trustee Holcomb, seconded by Trustee Schutte, that the Board of Trustees of the Village of Lakewood (“Board”) resolves as follows:
WHEREAS, the Board is considering whether to undertake the application of herbicides to areas of Chautauqua Lake bordering the Village of Lakewood’s jurisdiction in 2019:
WHEREAS, pursuant to Article 15 of the New York State Environmental Conservation Law and Part 327 of the Official Compilation of Codes, Rules, and Regulations of the State of New York, the New York State Department of Environmental Conservation must issue a permit prior to the application of herbicides to water within the State of New York; and
WHEREAS, the Village of Lakewood is a riparian owner; and
WHEREAS, the Board is reserving a decision on whether to undertake the application of herbicides in any or all areas included in any permit applications until it receives, reviews, and considers any permits granted by the New York State Department of Environmental Conversation;
We RESOLVE therefore:
To authorize the Mayor, or the acting Mayor, of the Village of Lakewood, upon presentation of complete and satisfactory applications for
Article 15 permit(s) and a New York State Pollution Discharge Elimination System permit (if so required) related to the application of herbicides
to areas of Chautauqua Lake bordering the Village of Lakewood’s jurisdiction, to execute such applications;
To authorize the Mayor, or the acting Mayor, of the Village of Lakewood, upon presentation of complete and satisfactory notifications to
riparian owners of the application and water use restrictions related to and their right to object to the applications for the above-mentioned
permits, To authorize the transmittal of such notifications.
ADOPTED, this 10TH day of December, 2018, at a meeting of the Village of Lakewood Board of Trustees.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
Motion by Trustee Holcomb, seconded by Trustee Schutte, and unanimously carried, the Board adjourned at 7:15 PM.
________________________________
Joseph M. Johnson
Village Clerk
