May 23, 2022, Board of Trustees Meeting Minutes

May 23, 2022

The tenth regular meeting of the Board of Trustees of the Village of Lakewood, N.Y., was held, Monday, May 23, 2022, 6:30 PM, with Mayor Randall G. Holcomb presiding. Trustees present were Ellen E. Barnes, R. Richard Fischer, Nancy W. Jones and Benjamin J. Troche. Also present were Village Clerk Mary B. Currie, Village Treasurer Apryl L. Troutman, Police Chief Christopher A. DePonceau, DPW Supervisor Thomas R. Pilling, Fire Chief Kurt Hallberg and Building Inspector Jeff Swanson. Absent was Village Attorney John I. LaMancuso. A work session was held with no action taken.

APPROVAL OF MINUTES

Motion by Trustee Barnes, seconded by Trustee Fischer, to approve the minutes of the last regular meeting of the Board of Trustees held May 9, 2022.
Adopted: 4 ayes, no nays (Barnes, Fischer, Jones, Troche)

AUDIT OF CLAIMS

Motion by Trustee Troche, seconded by Trustee Jones, that the claims as audited by the Auditing Committee of the abstracts dated May 23, 2022, be approved and that the Clerk shall execute said abstracts and direct payment by the Treasurer. Abstracts (#54 & #54) Trust & Agency Fund: $ 63,874.08, (check #6572 thru #6575), General Fund: $ 74,249.25, (checks #18801 thru #18854). Voided Check #18825, ACH to M & T.
Adopted: 4 ayes, no nays (Barnes, Fischer, Jones, Troche)

REPORTS

DPW Supervisor Thomas Pilling reported the street dept. has been busy paving the edges of E. Terrace Ave. from the former Beechwood Restaurant to Richard O. Hartley Park and said that stretch will be micro-paved within a couple of weeks, weather permitting.

Mr. Pilling said the new dump truck has been ordered and should be delivered approximately a year from now.

Mr. Pilling also said the auction for surplus equipment will begin tomorrow and should end June 7^th. He said up for auction will be the 2008 Chevrolet ¾ ton pick-up truck, the 1998 Chevrolet dump truck, a grader, a few bicycles and a couple of row boats.

Mayor Holcomb said he received a phone call from a group of pickleball players who told him the pickleball courts are now perfect and thanked Mr. Pilling for making the needed repairs.

Trustee Barnes thanked Mr. Pilling for his quick response in removing a tree that had fallen across E. Summit St. late Saturday night.

Police Chief Christopher A. DePonceau reported the Lakewood-Busti Police Department has had three hundred fifty incidents from May 9, 2022 to May 23, 2022. He said of those they have had one hundred eleven business checks, seven property checks, ten wellbeing checks, four shoplifting incidents and twenty-three warrants were processed.

Fire Chief Kurt Hallberg reported the Lakewood Fire Department has responded to four hundred nine alarms year to date.

Village Clerk Mary B. Currie reported the Village Clerk’s Office has had forty-seven complaints from May 9, 2022 to May 23, 2022. She said the majority of the complaints were on property maintenance, neighborhood disputes and the moratorium on short term rentals.

Ms. Sarah Hallberg asked how the clerk’s office follows up on those complaints.

Ms. Currie said we have complaint forms for property maintenance which are given to Code Enforcement, complaints on the Moratorium are referred to the Village Attorney or a member of the Board of Trustees and all other complaints we try to handle ourselves or with the help of the Police Dept. or DPW.

Building Inspector Jeff Swanson reported that he and Dave Wilfong will begin going throughout the village checking for lawns that have not been mowed and letters will be going out. He also said he will begin following up on property maintenance complaints each Wednesday from now on.

Mr. Swanson said if an individual has multiple complaints he would like them to be all on one complaint form, each one will be looked at, however the safety issues or larger problems will be top priority.

Mr. Swanson said there seems to be more neighbor disputes then there ever has been in the past. He said he can’t keep wasting time going back to the same properties because a neighbor complains about something every week, just to get back at their neighbor.

Mayor Holcomb thanked Mr. Swanson for all the hard work is he doing trying to deal with the complaints.

Trustee Barnes asked Mr. Swanson how much time he puts into an Order to Remedy before he can serve one.

Mr. Swanson said right now it varies but thinks once the Williamson Law program is installed and the data base is set up, it will be a great tool and speed the process up.

Mayor Holcomb reported he received an e-mail from the Lakewood American Legion who said the Legion will be honoring past Post Commander Pete Ochocki this evening and said everyone is invited to the Legion after the meeting for a little celebration in his honor. Mayor Holcomb also said the legion wanted to remind everyone about the Memorial Day parade on Monday. He said the services will begin at 10:45 AM in the Southwestern High School parking lot and proceed to the Sunset Hill Cemetery on Hunt Road. He added there will be refreshments at the Legion after the parade and all are welcome to attend.

Mayor Holcomb announced beginning Thursday June 2^nd., the Farmers Market will be up and running again this year and said the hours will be from 10 AM – 2 PM. He said this year it will be held in the parking spaces along the east side of Chautauqua Ave., between Summit St. and Terrace Ave.

Mr. Ted McCague, Chairman for the Historic Preservation Committee reported on the status of the grant for the Village Hall saying the grant application for an NYPL, Preserve New York Grant, prepared by our consultants at Clinton Brown Company Architects (CBCA) was submitted prior to the deadline and accepted on April 15^th. He said he thinks they submitted a very competitive grant application. He’s been informed that grant awards are usually released by NYPL in August. So, for now, they await the outcome of their review and awards process.

Mr. McCague also said CBCA submitted a preliminary draft of the application to the NYS Office of Parks & Recreation Historic Preservation on April 14, 2022 and the State Historic Preservation Office (SHPO) has conducted a preliminary review and provided them with some feedback. CBCA is working to address areas of our application that require further development or strengthening.

Mr. McCague said the committee has toured the village history museum and shared/evaluated their observations saying a review of NYS Education law as it applies to municipalities, local historians and local museums has been conducted. Various sources of authority, such as Museum Association of New York, have been contacted to obtain their input on local museums, research has been done to determine how local museums should be structured, the role of Historic Preservation Societies, and the duties and responsibilities of Village Historians. He said research has been done on other local museums in Chautauqua County in regard to the above. A recommendation report from HPSC to the Board of Trustees is in draft form and a draft local law to establish a Certified Local Government in Lakewood is also in draft.

Mr. McCague reported the LWRP grant committee met on Monday, May 2^nd and said the NYS representative reported that our budget and work plan have been referred to the next level for review. Mr. McCague noted no questions have been raised so far and the NYS representative said the document will go to fiscal review for approval.

She said that they are looking for projects that they can promote, and our construction document will move forward in a more timely process than usual. The representative said NYS is very interested in projects, especially outdoor ones that can be pointed to as current accomplishments. The representative from NYS closed the meeting saying, “You are on a fast track and that the public access component for the community makes it a good project.”

Mr. McCague also said on Monday, May 16^th both the village and LCDC received a draft contract from NYS DOS for the LWRP grant award. A meeting has been scheduled for Friday, May 27^th to review the agreement and next steps. The NYS DOS hopes to receive the executed contract back from the Village of Lakewood by June 16^th. The draft contract was forwarded to the village attorney for his review and to advise.

He said the LCDC was informed on April 18^th that the Community Foundation for Greater Buffalo, Ralph C. Wilson, Jr. Foundation awarded $25,000 to the Hartley Playground Project and they also received a check from the IDA/CCPEG for $25,000 there has been a number of individual donations received as well.

Mr. McCague said the site survey was completed by Rogers Surveyors and submitted to our architect on May 2^nd. He said the survey is the basic information that Leaf & Stone needs to begin design work to bring the plan to 100% completion and a retention letter outlining the scope of L & S services is forthcoming and formal design work will begin shortly. The process of seeking a qualified consultant to provide us with grant administration services may now begin. The LCDC estimates that this process could take approximately a month to complete. A model solicitation to be placed in The Post-Journal will be provided to the village clerk.

Mr. McCague said the first meeting of the construction committee took place on Thursday, April 21^st, to begin discussing the overall process for building the playground project. In attendance were Matt Churchill, Tom Pilling, Joe Rollman, Scott Mekus and myself. A follow up meeting is scheduled for June 3^rd.

Trustee Barnes asked Mr. McCague if there is anything that will be done with the project this year.

Mr. McCague said there are a number of things that have changed the timeline but it looks like the ground breaking will be in the fall and the equipment will be installed in the spring.

RESOLUTION #75-2022 –FARMERS’ & ARTISANS’ MARKET USE OF STREETS

Motion by Trustee Barnes, seconded by Trustee Fischer, authorizing the Lakewood Farmers’ & Artisans’ Market to use the parking spaces on the east side of Chautauqua Ave., between Summit St. and Terrace Ave. as the place for the vendors to set up for the 2022 season. The Farmers Market will begin June 2, 2022 and will be between the hours of 10 AM – 2 PM.
Adopted: 4 ayes, no nays (Barnes, Fischer, Jones, Troche)

TEMPORARY CERTIFICATE OF OCCUPANCY

Mayor Holcomb asked Ms. Lori Thierfeldt if she would like to explain the reason for her request to extend the Temporary Certificate of Occupancy for her project at 341-343 E. Fairmount Ave.

Ms. Thierfeldt said she has had nothing but problems with this project from the beginning. She said her original architect made many mistakes that have caused issues she has had to correct. She said her basement was off by 5 ft. so she ended up having to build an additional wall and just recently she has been getting water in the basement. She said the architect put dry wells into the plans against her wishes, which didn’t need to be there to begin with. She said she has had a conversation with Mr. Andrew Johnson, P.E., EcoStrategies, Falconer, NY, about what was required for her lot size and it was determined that since it is such a small foot print from the existing structure, none of the drainage was required. She said she thinks her architect felt the need to put them in there just to run her bill up. He then told her he didn’t feel there was enough time to change anything and told her they would worry about the drainage later.

Ms. Thierfeldt also said the New York State Department of Transportation (DOT) has held her project up for six months. The DOT wouldn’t let her put in her permanent electricity so she had temporary electricity, which made it difficult to get her project done. She also said she needed a bigger utility pole and the DOT held her back for that as well.

Ms. Thierfeldt said the DOT didn’t approve her drawings for her suggested parking spaces, they told her that land was not deeded to her. The DOT claimed they have had a right of way across the entire front of her property since 1980. When Rt. 394 was reconstructed, the northerly edge of the road was shifted approximately 30 ft. to the south, reducing the curve in that section of the highway. Ms. Thierfeldt then said the NYS DOT eventually determined she does indeed own that land in question. She then had a surveyor and an abstractor company confirm that she did indeed own the property. She then filed for a new deed and was able to get the area back, but she still doesn’t have permission from NYS DOT to use the parking out front.

Ms. Thierfeldt said she needed a new site plan because the DOT is not allowing her anymore parking spaces.

Ms. Thierfeldt said in the new plans some of the parking spaces have been removed as well as some of the dry wells. She said the existing drain, which was in the original plans, does however need to be raised up.

Ms. Thierfeldt said the Planning Board now has requested Mr. Johnson’s recommendations for her property in regards to the parking area and creek, and would like that in writing with his stamp. She said he is working on that for her right now.

Ms. Thierfeldt said her Temporary Certificate of Occupancy will expire in one week and she has two (2) tenants. She also said she has to close on her SBA loan soon or she will lose her funding.

Trustee Barnes said we all want to see this project completed but she would like to know what would be absolutely necessary versus what is recommended.

Building Inspector Swanson said it is up to a Design Professional to say what has to be done at that location. He said once the Planning Board receives the letter from Mr. Johnson they will then make their recommendation to the Municipal Board.

RESOLUTION #76-2022 – AUTHORIZE TEMPORARY CERTIFICATE OF OCCUPANCY

Motion by Mayor Holcomb, seconded by Trustee Fischer, to authorize Building Inspector Jeff Swanson to issue an extension to the Temporary Certificate of Occupancy for Ms. Lori Thierfeldt, Madmar Development, at 341-343 E. Fairmount Ave. until July 31, 2022 to give her extra time to gather additional documentation the Planning Board has requested.
Adopted: 4 ayes, no nays (Barnes, Fischer, Jones, Troche)

RESOLUTION #77-2022 – APPROVE USE OF VILLAGE STREETS

Motion by Trustee Fischer, seconded by Trustee Barnes, to approve the Lakewood YMCA to use the village streets and Richard O. Hartley Park for the annual Firecracker 10K and 2 mile run on Monday, July 4, 2022, beginning at 9:00 AM.
Adopted: 4 ayes, no nays (Barnes, Fischer, Jones, Troche)

RESOLUTION #78-2022 – LAKEWOOD BEACH OPENING

Motion by Trustee Jones, seconded by Trustee Fischer, to set the opening date of the Lakewood Beach at Richard O. Hartley Park as Wednesday, June 29, 2022 and the operating times to be Wednesdays thru Sundays from 11:00 AM – 5:00 PM. Also authorize the village clerk to schedule interviews with potential lifeguards.
Adopted: 4 ayes, no nays (Barnes, Fischer, Jones, Troche)

RESOLUTION #79-2022 – CANCEL UNIFORM CONTRACT WITH CINTAS, ERIE, PA

Motion by Trustee Barnes, seconded by Trustee Fischer, to authorize DPW Supervisor Thomas R. Pilling to cancel the uniform rental contract the Village of Lakewood has with Cintas Corporation, Erie, PA, to be effective immediately.
Adopted: 4 ayes, no nays (Barnes, Fischer, Jones, Troche)

RESOLUTION #80 -2022 – AUTHORIZE YEAR-END BUDGET TRANSFERS

Motion by Trustee Jones, seconded by Trustee Troche, to authorize Village Treasurer Apryl L. Troutman to make all necessary year-end budget transfers for the fiscal year 2021-2022.
Adopted: 4 ayes, no nays (Barnes, Fischer, Jones, Troche)

RESOLUTION #81-2022 – ESTABLISH CAPITAL RESERVE FUNDS FOR DEPARTMENT OF PUBLIC WORKS EQUIPMENT

Motion by Trustee Barnes, seconded by Trustee Troche, let it be RESOLVED, that pursuant to Section 6-c of the General Municipal Law, as amended, there is hereby established a capital reserve fund to be known as the “Department of Public Works Equipment Reserve Fund” (hereinafter “Reserve Fund”). The purpose of this Reserve Fund is to accumulate monies to finance the cost of a type of equipment. The type of equipment to be financed from the Reserve Fund is the acquisition of Department of Public Works equipment.

The chief fiscal officer is hereby directed to deposit and secure the monies of this Reserve Fund in the manner provided by Section 10 of the General Municipal Law. The Board of Trustees and Village Treasurer may invest the monies in the Reserve Fund in the manner provided by Section 11 of the General Municipal Law, and consistent with the investment policy of the Village of Lakewood. Any interest earned or capital gains realized on the monies so deposited or invested shall accrue to and become part of the Reserve Fund. The chief fiscal officer shall account for the Reserve Fund in a manner which maintains the separate identity of the Reserve Fund and shows the date and amount of each sum paid into the fund, interest earned by the fund, capital gains or losses resulting from the sale of investments of the fund, the amount and date of each withdrawal from the fund and the total assets of the fund, showing cash balance and a schedule of investments, and shall, at the end of each fiscal year, render to the Board a detailed report of the operation and condition of the Reserve Fund.

Except as otherwise provided by law, expenditures from this Reserve Fund shall be made only for the purpose for which the Reserve Fund is established. No expenditure shall be made from this Reserve Fund without the approval of this governing board and such additional actions or proceedings as may be required by Section 6-c of the General Municipal Law or any other law, including a permissive referendum if required by subdivision 4 of Section 6-c.
Adopted: 4 ayes, no nays (Barnes, Fischer, Jones, Troche)

RESOLUTION #82-2022 – ESTABLISH CAPITAL RESERVE FUNDS FOR FIRE EQUIPMENT

Motion by Trustee Troche, seconded by Trustee Jones, let it be RESOLVED, that pursuant to Section 6-c of the General Municipal Law, as amended, there is hereby established a capital reserve fund to be known as the “Fire Equipment Reserve Fund” (hereinafter “Reserve Fund”). The purpose of this Reserve Fund is to accumulate monies to finance the cost of a type of equipment. The type of equipment to be financed from the Reserve Fund is the acquisition of fire equipment.

Any interest earned or capital gains realized on the monies so deposited or invested shall accrue to and become part of the Reserve Fund. The chief fiscal officer shall account for the Reserve Fund in a manner which maintains the separate identity of the Reserve Fund and shows the date and amount of each sum paid into the fund, interest earned by the fund, capital gains or losses resulting from the sale of investments of the fund, the amount and date of each withdrawal from the fund and the total assets of the fund, showing cash balance and a schedule of investments, and shall, at the end of each fiscal year, render to the Board a detailed report of the operation and condition of the Reserve Fund.

RESOLUTION #83-2022 – ESTABLISH CAPITAL RESERVE FUNDS FOR POLICE EQUIPMENT

Motion by Trustee Barnes, seconded by Trustee Jones, let it be RESOLVED, that pursuant to Section 6-c of the General Municipal Law, as amended, there is hereby established a capital reserve fund to be known as the “Police Equipment Reserve Fund” (hereinafter “Reserve Fund”). The purpose of this Reserve Fund is to accumulate monies to finance the cost of a type of equipment. The type of equipment to be financed from the Reserve Fund is the acquisition of police equipment.

RESOLUTION #84-2022 – ESTABLISH CAPITAL RESERVE FUNDS FOR VILLAGE BUILDING IMPROVEMENTS

Motion by Trustee Troche, seconded by Trustee Fischer, let it be RESOLVED, that pursuant to Section 6-c of the General Municipal Law, as amended, there is hereby established a capital reserve fund to be known as the “Village Building Improvement Reserve Fund” (hereinafter “Reserve Fund”). The purpose of this Reserve Fund is to accumulate monies to finance the cost of a type of improvement. The type of improvement to be financed from the Reserve Fund is the improvement of Village buildings.

The chief fiscal officer is hereby directed to deposit and secure the moneys of this Reserve Fund in the manner provided by Section 10 of the General Municipal Law. The Board of Trustees and Village Treasurer may invest the monies in the Reserve Fund in the manner provided by Section 11 of the General Municipal Law, and consistent with the investment policy of the Village of Lakewood.

RESOLUTION #85-2022 – CREATE NEW CUSTODIAL FUND

Motion by Trustee Jones, seconded by Trustee Fischer, to authorize Village Treasurer Apryl L. Troutman to create a new Custodial Fund which will replace the existing Trust & Agency funds. This is in accordance with GASB statement #84 and OSC bulletin dated March 2022.
Adopted: 4 ayes, no nays (Barnes, Fischer, Jones, Troche)

ANYONE TO BE HEARD

Mr. Kenneth Wray, 265 E. Terrace Ave. said there are two (2) properties near his residence that are in horrible condition. He said the one at 269 E. Terrace Ave. is owned by his brother and is currently a rental property. Mr. Wray said those renting the property have threaten him and that a new deck has been constructed there without the benefit of a permit. Mr. Wray also said some work on the sanitary sewer line was done and now sewer pipe has been left lying in the yard. Mr. Wray concluded saying his brother thinks he can do anything he wants to without abiding by the rules.

Mr. Wray said 281 E. Terrace Ave. is also a disaster. He said the property sold a while ago and some work was done to improve it but then just stopped. He said during the winter the door blew off and it has still not been repaired. He said they have a nice aluminum dock off the property, yet can’t fix up the house.

Mr. Swanson said after the last meeting Mr. Wray attended he asked him to put all his complaints on one (1) complaint form and he has not done so. Mr. Swanson said this is a situation where each property owner complains about the other on a weekly basis.

Ms. Wende Parrish, 279 E. Terrace Ave., said this is the second time she’s filed a complaint about 281 E. Terrace Ave. and still has not heard anything back on the disposition of her complaint.

Mr. Swanson said many years ago that property had a building permit and a stop work order was ordered because the owners were not complying with the permit that was issued. The owner then turned the property into a vacant structure and properly blocked off all entrances/exits. He said he did go by at one time and saw the board was down, he sent an “Order to Remedy” and the owner put it back on at that time.

Mr. Swanson said that property is now classified as a vacant property and the village code currently has nothing on vacant properties so there is nothing he can do.

Dr. R.G. Witchey, 2 Atlantic Ave., appeared before the Board of Trustees to inquire about what has been done publicly in regards to the moratorium on short term rentals.

Mayor Holcomb said the Board of Trustees are working on it and making progress.

Dr. Witchey also indicated he has talked to residents that live in the area of a well-known short term rental on Terrace Ave., which has had multiple complaints and the residents are wondering what the dynamics of a short term rental is if it should transfer from one owner to another.

Trustee Troche said he has been in contact with Village Attorney John LaMancuso about that and Mr. LaMancuso said if a Short Term Rental is registered with the village it will stay with the new owner.

Dr. Witchey said according to Chapter 24 Code of the Village of Lakewood, 24-2, C. A license issued under this section: (1) is valid for a maximum of one year from the date of issuance, subject to a one-time extension of 30 days at the discretion of the Village Clerk; (2) may not be transferred by the property owner listed on the application and does not convey with a sale or transfer of the property; and (3) satisfies the requirements for a change of use from residential to short-term rental use.

Dr. Witchey said this is from the current code the village has on file and asked what strength this has and thought that would give the moratorium some good teeth.

Trustee Barnes said the new laws will be dealing specifically with that.

Trustee Troche said Michelle Turner, owner of Group Ther-Happy, reached out to him about setting up a time she could meet with Police Chief DePonceau, Fire Chief Hallberg, Deputy Clerk Julie Toennis and himself to discuss Beers for Badges, which will be a fund raiser for the Police and Fire Departments.

Motion by Trustee Fischer, seconded by Trustee Barnes, to recess the regular meeting at 7:48 PM, so as to enter into executive session to discuss a personnel matter.
Adopted: 4 ayes, no nays (Barnes, Fischer, Jones, Troche)

EXECUTIVE SESSION

Present at the executive session, were Mayor Randall G. Holcomb, Trustee Ellen E. Barnes, Trustee R. Richard Fischer, Trustee Nancy W. Jones, Trustee Benjamin J. Troche, Police Chief Christopher A. DePonceau, Village Clerk Mary B. Currie and Village Treasurer Apryl L. Troutman.

EXECUTIVE SESSION (Adjournment)

Motion by Trustee Fischer, seconded by Trustee Troche and unanimously carried to adjourn the executive session and re-open the regular meeting of the Board of Trustees at 8:18 PM.

RESOLUTION #86-2022 – APPROVE HOURLY WAGE INCREASE FOR DEPUTY CLERK/TREASURER

Motion by Trustee Troche, seconded by Trustee Fischer, to approve an hourly wage increase for Deputy Clerk/Treasurer Julie C. Toennis from $ 17.00/per hour to $ 18.00/per hour and will be effective retroactive to May18, 2022.
Adopted: 3 ayes (Barnes, Fischer, Troche), 1 nay (Jones)

REGULAR MEETING (Adjournment)

Motion by Trustee Troche, seconded by Trustee Barnes and unanimously carried to adjourn the regular meeting of the Board of Trustees at 8:18 PM.

_________________________
Mary B. Currie
Village Clerk

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