DRAFT
October 10, 2023
The seventeenth meeting of the Board of Trustees of the Village of Lakewood, N.Y., was held, Tuesday, October 10, 2023, 6:30 P.M. with Mayor Randall G. Holcomb presiding. Trustees present were Ellen E. Barnes, Richard Fischer, and Nancy W. Jones. Also present were, Village Clerk/Treasurer Apryl L. Troutman, Deputy Clerk Krysten Sisson, Police Chief Christopher A. DePonceau, and DPW Supervisor Thomas R. Pilling. Absent were Fire Chief Kurt Hallberg, Building Inspector Jeff Swanson, and Village Attorney John I. LaMancuso. A work session was held with no action taken.
APPROVAL OF MINUTES
Motion by Trustee Fischer, seconded by Trustee Barnes, to approve the minutes of the last special meeting of the Board of Trustees held September 29, 2023
Adopted: 3 ayes, no nays (Barnes, Fischer, Jones)
AUDIT OF CLAIMS
Motion by Trustee Jones, seconded by Trustee Barnes, that the claims as audited by the Auditing Committee of the abstracts dated October 10, 2023, be approved and that the Clerk shall execute said abstracts and direct payment by the Treasurer. Abstracts (#20 & #20) General Fund: $184,154.11, (checks #20126 thru #20168), Trust & Agency Fund: $78,981.93 (checks # 7871 thru #7907). Voided check #20149, ACH to M&T bank
- Trustee Fischer questioned Chief DePonceau on the $502.50 that was spent on FRA sings that were used for the Busti Gala Days. Trustee Fischer wanted to know why the Village of Lakewood was paying for the signs when they were used for a Busti event. Mr. DePonceau stated that the signs can be used for event within the village.
Adopted: 3 ayes, no nays (Barnes, Fischer, Jones)
REPORTS
Mayor Randall G. Holcomb:
- Thanked Mr. Pilling for all the work that he did to get Hartley Park ready for the grand opening. Mr. Pilling stated that Mr. Pearson did all the work and deserves the credit.
DPW Supervisor Thomas Pilling:
- Sidewalk work has begun down on E. Terrace, the work is being completed by R. Patti.
- Kingsview has hired another contractor to fix the issue with the sidewalks on corner of Chautauqua Ave and 3rd
- The sidewalk on Marvin St. will hopefully be completed this week if the DPW can get concrete ordered (the wait is sometimes a week or week and a half).
- Trustee Barnes added that the work that the DPW crew has been completing look very nice.
- Fall leaf collection will being on October 30th. Pick up will start on the east end and will proceed westward.
Police Chief Chris DePonceau:
- Between the dates of September 11th and October 10th the police department has handled 728 calls
- 31 alarms, 172 area/door/business checks, 15 check the wellbeing, 4 disorderly persons, 11 domestic disputes, 16 larcenies, 22 MVA’s, 34 property checks, 2 shoplifting, 8 suspicious situations, 10 suspicious persons, 10 vehicle misc. complaints, 138 VT stops, 38 warrants/warrants served.
- The Police Department has handled over 7,000 calls year to date
October 10th, 2023 (continued)
- Trustee Jones asked if the village is still having a hard time with the kids on the E-Bikes.
- Chief DePonceau stated that since summer is coming to an end the issues have been less.
Fire Chief Kurt Hallberg:
- Mayor Holcomb provided the following report for Chief Hallberg:
- The Lakewood Fire Department is hosting an open house on October 14, 2023 from 12:00pm to 4:00pm, at the Packard BLVD fire station. Demonstrations are going to be taking place starting at 1pm for events such as car fire, vehicle extrication, hose line advancements, and more. There is also going to be a cookout and firetruck rides. Anyone that can attended it would be greatly appreciated by the fire department.
Village Treasurer Apryl L. Troutman:
- Adding to agenda item number 6, the collection amount that will be sent to the county is $56,866.11.
Code Enforcement Officer Jeff Swanson:
- Swanson was absent from the meeting, Trustee Barnes spoke on his behalf.
- Swanson and Trustee Barnes had a meeting with the DEC last week regarding the floodplain insurance. According to the DEC there has been 80 flood claims since 1977 in different flood areas. Trustee Barnes stated that the DEC is working on digitizing all the maps so they will be available soon via the internet. She also stated that there are some concerning issues that were brought up about certain areas that she is going to be reaching out to our state representation about. She stated that the meeting was very informative and an eye opener.
OLD BUSINESS
DISCUSSION OF AN AMENDMENT TO THE CURRENT CSEA AGREENENT
Motion by Trustee Barnes, seconded by Trustee Fischer, to table the discussion and the approval to the current CSEA agreement pending attorney review.
NEW BUSINESS
RESOLUTION #184-2023: ACCEPT THE RESIGNATION OF PATROLMAN HUNTER TERBOE EFFECTIVE OCTOBER 14, 2023.
Motion by Trustee Barnes, seconded by Trustee Jones, to accept the resignation of patrolman Hunter Teboe effective October 14, 2023. Mr. Teboe has worked as a part time employee for the Village of Lakewood since April 19th, 2023. Mr. Teboe is leaving to attend the NYS Trooper Academy.
- Trustee Barnes thanked Mr. Teboe for his time at the village and wishes him well at the State Troopers.
- Trustee Fischer expressed his concern for all of the part-time police officers leaving once they are trained. Chief DePonceau stated that they are searching for full-time employment which is not something we are offering at this time. Chief DePonceau noted that if there was a way that the department could hire three more full time officers he could leave the part-time staff the way it currently is, and maybe it would decrease the turnover.
Adopted: 3 ayes, no nays (Barnes, Fischer, Jones)
October 10th, 2023 (continued)
RESOLUTION #185-2023: ACCEPT THE RESIGNATION OF PATROLMAN ELLIOT JOHNSON EFFECTIVE SEPTEMBER 13, 2023.
Motion by Trustee Fischer, seconded by Trustee Barnes, to accept the resignation of patrolman Elliot Johnson effective September 13, 2023. Mr. Johnson has worked as a part time employee for the Village of Lakewood since June 2nd, 2023. Mr. Johnson has accepted a new position with Ellicott Police department.
- Trustee Barnes thanked Mr. Johnson for his time at the village and wishes him well at the Ellicott Police Department.
Adopted: 3 ayes, no nays (Barnes, Fischer, Jones)
RESOLUTION #186-2023: ACCEPT THE RESIGNATION OF PATROLMAN EATHAN JOHNSON EFFECTIVE SEPTEMBER 27, 2023.
Motion by Trustee Fischer, seconded by Trustee Barnes, to accept the resignation of patrolman Eathan Johnson effective September 27, 2023. Mr. Johnson has worked as a part time employee for the Village of Lakewood since June 2nd, 2023. Mr. Johnson has accepted a new position with Ellicott Police Department.
- Trustee Barnes thanked Mr. Johnson for his time at the village and wishes him well at the Ellicott Police Department.
Adopted: 3 ayes, no nays (Barnes, Fischer, Jones)
RESOLUTION #187-2023: AUTHORIZE EXTENDING THE MOATORIUM PERIOD
Motion by Trustee Barnes, seconded by Trustee Jones, to authorize extending the moratorium period, set forth in Section 6(A) of the Short-Term Rental Moratorium of the Village of Lakewood, New York for 180 days, pursuant to Section 6(b) of the said Moratorium.
- Trustee Barnes added the effective date of said moratorium will be November 9th, 2023.
Adopted: 3 ayes, no nays (Barnes, Fischer, Jones)
RESOLUTION #188-2023: SET TIME AND DATE FOR A SHORT TERM RENTAL OPEN HOUSE ON THE DRAFT OF THE NEW SHORT TERM RENTAL ZONING LAW
Motion by Trustee Barnes, seconded by Trustee Jones, to set time and date for a Short Term Rental Open House for a Q&A on the draft of the new Short Term Rental Zoning Law.
- Trustee Barnes added that the Open House will be taking place at the Town of Busti Town Hall in the court room from 6:00pm to 7:30pm. She also mentioned that they did receive the short term rental law draft and that it would be available to view on the website shortly. Trustee Barnes mentioned that format is going to be a little different than in the past. There is going to be five different stations for people to go around to ask questions and state their concerns. Information will be taken back to the Short Term Rental Committee and will be used to help finalize the draft. Eventually, the Board of Trustees will vote to finalize the draft.
Adopted: 3 ayes, no nays (Barnes, Fischer, Jones)
October 10th, 2023 (continued)
RESOLUTION #189-2023: AUTHORIZE VILLAGE TREASURER APRYL L. TROUTMAN TO FORWARD ANY AND ALL UNPAID 2023-2024 VILLAGE TAX BILLS TO THE CHAUTAUQUA COUNTY DIVISION OF TAXATION FOR COLLECTION.
Motion by Trustee Fischer, seconded by Trustee Jones, to authorize Village Treasurer Apryl L. Troutman to forward any and all unpaid 2023-2024 Village Tax Bills to the Chautauqua County Division of Taxation for collection. In the amount of $56,866.11.
- Treasurer Troutman noted that it is around the same amount that was forwarded to the county last tax season.
Adopted: 3 ayes, no nays (Barnes, Fischer, Jones)
RESOLUTION #190-2023: ACCEPT THE JURISDICTION OF THE RIGHT OF WAY IF THE NYSDOT IN THE FUTURE AGREES TO TRANSFER THE JURISDICTION TO THE VILLAGE
Motion by Trustee Barnes, and seconded by Trustee Fischer for the Village of Lakewood to accept the jurisdiction of the property in question in front of 341 and 343 East Fairmount Ave and to authorize Mayor Holcomb to send the requested email to Ms. Mitalksi of the NYSDOT, advising that the Board of Trustees have voted to accept the jurisdiction of the right of way.
Adopted: 3 ayes, no nays (Barnes, Fischer, Jones)
RESOLUTION #191-2023: AUTHORIZE THE PICKLEBALL PALS TO PURSUE APPLICATION FOR GRANTS
Motion by Trustee Barnes, seconded by Trustee Fischer, to authorize the Pickleball Pals to pursue applications for grants to extend the number of pickleball courts on the village property in LaGrega Park on Linwood Ave.
Adopted: 3 ayes, no nays (Barnes, Fischer, Jones)
ANYONE TO BE HEARD
Lori Thierfeldt- 341&343 E. Fairmount Ave.
- Thierfeldt gave an update on the issues between MadMar Development LLC & the NYSDOT on the Right of Way that is adjacent to her property.
- The village board passed resolution #190-2023 to potentially relieve the issue Mrs. Thierfeldt is having with the NYSDOT and the Right of Way.
Bob Scott- 55 E Terrace Ave.
- Brought up the love that he has gained for Pickleball. He also mentioned that he feels the pickleball courts need to be repaired and that he would like to see more pickleball courts added to the areas so more people can enjoy pickleball.
- Mayor Holcomb stated that they passed a resolution earlier in the meeting to hopefully fix these issues.
- Trustee Barnes added to check with the LCDC about funding
EXECUTIVE SESSION
Present at the executive session, were Mayor Holcomb, Trustees Barnes, Fischer and Jones. Clerk/Treasurer Apryl Troutman and Deputy Clerk Krysten Sisson.
October 10th, 2023 (continued)
EXECUTIVE SESSION (Adjournment)
Motion by Trustee Barnes, seconded by Trustee Fischer, and unanimously carried to adjourn the executive session and re-open the regular meeting of the Board of Trustees at 7:47 PM.
Adopted: 3 ayes, no nays (Barnes, Fischer, Jones)
RESOLUTION #192-2023: RETAIN ADDITONAL LEGAL COUNSEL AT THE ATTORNEY’S CURRENT HOURLY RATE
Motion by Trustee Barnes, seconded by Fischer, to retain additional legal counsel at the attorney’s current hourly rate.
Adopted: 3 ayes, no nays (Barnes, Fischer, Jones)
RESOLUTION #193-2023: AUTHORIZE MAYOR HOLCOMB TO SEND A LETTER TO THE BUSTI SUPERVIOSR TO ENTER INTO POLICE AGREEMENT CONTRACT NEGOTIATIONS.
Motion by Trustee Barnes, seconded by Trustee Jones, to authorize Mayor Holcomb to send a letter to the Busti Supervisor and Town Council Members to enter into police agreement contract negotiations.
Adopted: 3 ayes, no nays (Barnes, Fischer, Jones)
REGULAR MEETING (Adjournment)
Motion by Trustee Barnes, seconded by Trustee Fischer, and unanimously carried to adjourn the regular meeting of the Board of Trustees at 7:50 PM.
Adopted: 3 ayes, no nays (Barnes, Fischer, Jones)
_________________________
Krysten G. Sisson
Village Deputy Clerk
