OCTOBER 12, 2021
The nineteenth regular meeting of the Board of Trustees of the Village of Lakewood, N.Y., was held Tuesday, October 12, 2021, 6:30 PM, with Mayor Randall G. Holcomb presiding. Trustees Ellen E. Barnes, and R. Richard Fischer were also present. Trustees Edward J. McCague and Douglas L. Schutte participated via Zoom.us. Also present were Village Clerk Mary B. Currie, Village Treasurer Apryl L. Troutman, Police Chief Christopher DePonceau, Village Attorney John I. LaMancuso and Building Inspector Jeff Swanson. Absent were DPW Supervisor Thomas Pilling and Fire Chief Kurt Hallberg.
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 September 27, 2021.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
AUDIT OF CLAIMS
Motion by Trustee Fischer, seconded by Trustee Barnes, that the claims as audited by the Board of Trustees for the abstracts dated October 12, 2021, be approved and that the Clerk shall execute said abstracts (#19, #21 & #21) and direct payment by the Treasurer. General Fund: $ 6,259.20 (checks #18238 through #18240), General Fund: $ 132,429.48 (checks #18241 through #18279), Trust & Agency Fund: $ 60,305.59 (checks #5981 and #5982). Voided check #18262, ACH, M&T Bank.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
REPORTS
Trustee Barnes reported Chautauqua Ave. was opened up this morning and she was the first one to be able to drive the whole way down the street.
Mayor Holcomb said he received an e-mail from Mr. James Johnson, 7 Fairwood Drive, who said trees were cut in Naetzker Park and would like to know why the trees were left piled up on the ground and not discarded. Mayor Holcomb asked Village Clerk Currie if she could get the e-mail to DPW Supervisor Pilling.
Police Chief Christopher A. DePonceau reported the Lakewood-Busti Police Department has had three hundred ninety-two incidents from September 27, 2021 to October 12, 2021.
Mayor Holcomb asked Chief DePonceau if a patrol car could drive past the local Airbnb’s periodically and address the renters that are parking their cars on the sidewalks.
Village Treasurer Apryl L. Troutman reported she will be meeting with Ms. Wendy Shephard, Account Executive for USI Insurance Services, to go over the upcoming renewal of employee’s health benefits. Ms. Troutman said she should have the rates for 2022 available to present to the Board of Trustees at the next regular meeting.
Treasurer Troutman said the recent e-mail she received from the American Rescue Plan Act (ARPA) with the revenue replacement calculator indicates that some of the ARPA money can be used under the lost revenue category.
Building Inspector Jeff Swanson reported he has been busy responding to several different issues and is happy to report Ollies in the Chautauqua Mall will be holding their grand opening on Thursday, October 14, 2021. Mr. Swanson also said the mall has a couple different avenues they are currently pursuing.
Building Inspector Swanson said per the request from Trustee Barnes, he has spoken with Village Attorney John I. LaMancuso about 5G communication towers and Mr. LaMancuso indicated to him that there might be something already in place but not enough to regulate at this point. Mr. Swanson said according to the cell tower laws, the towers will be placed between 300 ft. and 500 ft. apart, he said it is possible the only thing the village will have to say about them is the aesthetics, not the placement.
Trustee Barnes said the village needs to get something in place in regards to the 5G towers, before it is too late.
Trustee McCague reported Clinton Brown Company Architecture, P.C., Buffalo, N.Y., has contacted him letting him know the pre-application they submitted, on behalf of the village for the New York Preservation League, Technical Assistance Grant (TAG), came back saying that the proposed Village Hall Project would not be a good match for this grant.
Trustee Barnes asked if they said why it wouldn’t be a good match.
Trustee McCague said they indicated due to the wide range in nature of the conditions assessment and primary uses of the Village Hall the project for the building falls beyond the scope of a Technical Assistance Grant. He said they told him there will be a Preserve New York Grant in the spring which will be a larger program and it would be a much better match. He said it will be for a larger amount of money and much more likely to be able to cover the cost of the scope of work.
Trustee McCague said it looks like we will not be applying for the TAG Grant right now and will wait to see about applying for the larger one in the spring.
Mayor Holcomb said the Village of Lakewood has received a letter from Mr. John Jablonski, Executive Director of the Chautauqua Lake Watershed Conservancy, thanking the Board of Trustees for our 2021 contribution to the Chautauqua Lake Watershed Conservancy. Mr. Jablonski stated it will help in their mission of preserving and protecting the water quality of Chautauqua Lake and the beauty and health of our lakes, streams and watersheds.
Mayor Holcomb said the Village of Lakewood also received a letter from the Chautauqua Lake Association thanking us for our contribution and stated it will assist in preserving Chautauqua Lake for future generations.
DISCUSSION ON PREVIOUSLY TABLED ESTABLISHING A HISTORIC PRESERVATION STEERING COMMITTEE
Mayor Holcomb said since the last meeting some of the board members had questions about the steering committee that Trustee McCague has addressed through e-mail.
Trustee Barnes asked Trustee McCague how many people he was planning to have on the committee.
Trustee McCague said at this point he’s thinking about three (3) and said they should have some flexibility to expand the committee since some areas will require a larger committee then other areas.
He said he has an agenda and knows the direction they need to take, what he needs now is to delegate some responsibilities and get the committee up and running.
Trustee Barnes asked Trustee McCague if he would be agreeable to people making suggestions or submitting names of people they may know that might be interested in being a part of the committee. She said some could be longtime residents of Lakewood and have some expertise in certain areas.
Trustee McCague said he would be open to any suggestions and hopes to have interested people who are hard workers. He said we will need some people with expertise, there would be skills there that he thinks will be important.
Trustee Fischer said what he would like to see on the committee are people who were raised in Lakewood and have been here a very long time. He said there are a lot of Lakewood residents that are hard workers and have the knowledge to be able to contribute to the committee.
Trustee McCague indicated the structure and the way he would proceed with this committee would be the same procedure as he did with the Comprehensive Plan Steering Committee. Mr. McCague said if anyone has recommendation of anyone who would be interested to get him the contact information for that person and he will follow up on it.
RESOLUTION #181-2021 –ESTABLISH A HISTORIC PRESERVATION STEERING COMMITTEE
Motion by Trustee Fischer, seconded by Trustee Barnes, to establish a Historic Preservation Steering Committee. The chairman will recruit the committee members suited to the assignment of his choice and the Board of Trustees will have final approval of the committee once it has been put together. The Board directs the committee to investigate and report to the Mayor and Board of Trustees on the following areas:
– 1.) The Lakewood History Museum – a comprehensive evaluation of the current status of the Lakewood History Museum including but not limited to physical facility, its access and future space requirements, management, oversight, staffing, responsibility for safe-keeping of contents, proper care of the contents, and consideration of its future;
– 2.) Village Hall – the steering committee will investigate what steps can be taken to preserve and protect our historic village hall;
– 3.) Historic Preservation – the steering committee will investigate the benefits of a village-wide Historic Preservation initiative, the process to establish Historic Preservation in the village, and, if approved, assist the board with the various steps to establish historic preservation in our community;
– 4.) Supporting Zoning – the steering committee will investigate any other zoning that may serve to bolster the goals of the village’s historic preservation efforts.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
DISCUSSION ON DONATION OF PROPERTY ON CHAUTAUQUA AVE.
Mayor Holcomb said he has met with Dr. Robert Siegel and Ms. Barbara Gellman who have offered to donate two (2) lots of property they own on Chautauqua Ave. to the Village of Lakewood. Dr. Siegel and Ms. Gellman indicated to him that they have changed their original request from the property to be held by the village in perpetuity, to a period of fifty (50) years. Mayor Holcomb said Village Attorney, John I. LaMancuso is familiar with this new request and approves of it.
Trustee Barnes said if something comes up within the next fifty (50) years, future boards can decide what they would like to do.
Trustee Barnes said she thinks this is a very generous offer, the village ends up with a nice park and green space along Chautauqua Ave., which will be nice to have. She said it is nice of Dr. Siegel and Ms. Gellman to think of the village in this way.
Trustee McCague said this is unacceptable with any use restrictions in there at all. He said this would be a big mistake in the long run, the board is remiss in moving forward on this before examining what other options might be available.
Trustee McCague said that property has very little assessment value so why not have the village buy it, that way you keep a clear title.
Mayor Holcomb said Dr. Siegel and Ms. Gellman said the property is not for sale and will never be for sale, especially for commercial use.
Trustee McCague said as far as green space goes, there is Recognition Park just fifty feet away, which is sparsely used, Hartley Park is fifty ft. away as well and is used frequently. Recognition Park is not kept up real well, it is hard to keep up with what we already have, why would you want to add another park that will also need to be kept up.
Trustee McCague said if there is a fifty year restriction on the property, there is no court that will reverse that, it will be 50 years of lost tax revenue.
Trustee Schutte said it is very short sighted tying the village’s hands for fifty years with something that could generate taxes in the village or continue responsible development in the village.
Trustee McCague said if those lots are left undeveloped for fifty years, the assessment will be zero for fifty years, if it were to be developed and could include the corner property, the assessment could be as high as a million dollars.
Trustee Schutte said the village right now doesn’t have enough parking and could use more.
Trustee McCague said there are two parks close to the property and he hears from a lot of people that the village doesn’t have enough parking.
Trustee Fischer said there is plenty of parking in the village and if that property were to be developed or made into parking, the elevation would have to be brought up considerably.
Trustee Barnes said this is a gift given to the village by two people who love the village, they have indicated they would like to put up a plaque and have their property be a nice place for people to sit. She said maybe someday it will be developed but there has been nobody making any gesture to buy the building on the corner for many years now.
Trustee McCague said Benderson Development Co., LLC, owner of Wilson Farms, is now actively looking to sell the property, it is now listed with Coldwell Banker Commercial Real Estate and he knows there are people looking at it. He said if someone were to buy the property they will more than likely need more space to build and need more parking.
Mayor Holcomb said the owners have told him over and over again, the property is not for sale, especially to commercial.
Trustee Schutte said you can’t look at this with lack of vision.
RESOLUTION #182-2021 – DONATION OF PROPERTY ON CHAUTAUQUA AVE.
Motion by Mayor Holcomb, seconded by Trustee Barnes, for the Village of Lakewood to accept the donation of parcels, known as Section Block and Lots #368-3-70 and #368.-3-71, on Chautauqua Ave. from Dr. Robert Siegel and Ms. Barbara Gellman. The property is to be used as a public park for at least fifty (50) years at which time future board members can decide what they would like to do with it.
Adopted: 3 ayes, (Barnes, Fischer, Holcomb), 2 nays (McCague, Schutte)
RESOLUTION #183-2021 – APPROVE COLLECTION OF UNPAID TAXES
Motion by Trustee Fischer, seconded by Trustee Barnes, authorizing Village Treasurer Apryl L. Troutman to forward any and all unpaid 2021-2022 Village Tax Bills to the Chautauqua County Division of Taxation for collection. The dollar amount of unpaid taxes total $ 55,312.00.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #184-2021 – APPROVE PROPOSED PROPERTY & CASUALTY PROCUREMENT POLICY
Motion by Trustee Fischer, seconded by Trustee Barnes, to approve the proposed Property & Casualty Procurement Policy and have it added to the current Village of Lakewood Procurement Policy. The Property & Casualty Procurement Policy will be as follows: All property and casualty insurance policies of the Village of Lakewood shall be put out to public bid at least as frequently as once every three (3) years. The Board of Trustees shall consider putting such policies out to public bid more frequently than once every three (3) years when there is a substantial change in the condition or value of Village assets or a substantial change in market insurance rates. The Mayor of the Village of Lakewood shall be empowered to organize an ad hoc committee, when necessary, to evaluate and make recommendations regarding the Village’s property and casualty insurance policies.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #185-2021 AUTHORIZE USE OF VILLAGE STREETS
Motion by Trustee Barnes, seconded by Trustee Fischer, to authorize the use of village streets, as a route for a 5K Turkey Trot Fun Run, sponsored by E2M, to be held November 26, 2021. The race will have no monetary fee, just asking participants to bring a toy to be part of a toy collection for local elementary schools that will eventually help less fortunate families for the holidays.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #186-2021 AUTHORIZE FUND TRANSFER
Motion by Trustee Fischer, seconded by Trustee Barnes, to authorize Village Treasurer Apryl L. Troutman to make the following fund transfer to pay for the Texas Refinery Corp. fuel additive invoice: $ 2,624.75 from T1093.71 {Fuel Facility O&M Surcharge} to A5110.44 {Street Maintenance–Gasoline}
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #187-2021 AUTHORIZE MID-YEAR BUDGET TRANSFER
Motion by Trustee Barnes, seconded by Trustee Fischer, to authorize Village Treasurer Apryl L. Troutman to make the following mid-year budget transfer for a budget shortfall: $ 250.00 from A1620.40 {Buildings-Contractual} to A7140.43 {Playgrounds –Water Fees}.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
RESOLUTION #188-2021 SET TIME & DATE FOR PUBLIC HEARING
RE: LOCAL LAW #3-2021
Motion by Mayor Holcomb, seconded by Trustee Fischer, to set 6:45 PM, Monday, October 25, 2021, as the time and date for the Board of Trustees to conduct a public hearing on proposed Local Law #3-2021, Design Guidelines, to be added to the Village of Lakewood Zoning Code.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
ANYONE TO BE HEARD
Mr. Thomas Marlinski, 36 Ohio Ave., said if the village is thinking about making those two lots that were donated on Chautauqua Ave. into parking lots they will have to backfill them about 4 ft. He said you would then have to build retaining walls on the properties of the Ohio Ave. residents that abut the properties. Mr. Marlinski suggested if that is to happen, it would be wise to contact the owners of the abutting properties ahead of time.
Motion by Trustee Barnes, seconded by Trustee Fischer and unanimously carried to adjourn the regular meeting of the Board of Trustees at 7:15 PM.
Adopted: 4 ayes, no nays (Barnes, Fischer, McCague, Schutte)
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Mary B. Currie
Village Clerk
