SEPTEMBER 24, 2018
The eighteenth regular meeting of the Board of Trustees of the Village of Lakewood, N.Y., was held Monday, September 24, 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. Absent was Mayor Cara Birrittieri.
APPROVAL OF MINUTES
Motion by Trustee Barnes, seconded by Trustee Schutte, to approve the minutes of the last regular meeting of the Board of Trustees, held September 10, 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 September 24, 2018, be approved and that the Clerk shall execute said abstracts (#16 & #17) and direct payment by the Treasurer. Trust & Agency Fund: $ 62,437.68, (Checks #4527 thru #4535), General Fund: $ 51,863.36, (Checks #15184 thru #15219)
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
REPORTS
Deputy Mayor McCague indicated Mayor Birrittieri didn’t provide or submit any report, however he would like to acknowledge receiving a thank-you letter from Mr. John Jablonski, III, Executive Director of the Chautauqua Watershed Conservancy, in response to the Village of Lakewood’s recent $ 1,000.00 gift to the organization. Deputy Mayor McCague said in the letter, Mr. Jablonski, III indicated that the Village of Lakewood’s generous donation, among other things, will help the CWC strengthen their work in watershed protection and enhancement.
Deputy Mayor McCague then reported that the Village of Lakewood will conduct a flu shot clinic for its employees and any visitors, Monday, October 15, from
1:30 – 2:30 PM. He also announced that the 24th Annual Western Regional Meeting of the NYS Federation of Lake Associations will be held Saturday, October 20th, from 10:00 AM – 3:00 PM, at Silver Lake Golf Club, in Perry New York.
Department of Public Works Supervisor Thomas R. Pilling reported he is following-up on a concern first voiced by Fire Chief Smouse about when emergency vehicles make a right turn from Chautauqua Ave. onto East Summit Street. When cars are parked along the north side of East Summit Street, in front of the former Wilson Farms store, it creates a very tight squeeze for certain pieces of fire equipment. Mr. Pilling said a letter was sent to Chautauqua County Department of Public Facilities for their input, however the matter was placed back in the hands of the local municipality.
DPW Supervisor Pilling indicated he could paint diagonal lines along the area in question and add a couple of NO PARKING signs, if need be, but said it is up to the Board of Trustees to decide what they would want done.
Deputy Mayor McCague asked Mr. Pilling if the Chautauqua County DPF made any recommendations or if they would be agreeable to diagonal lines on the pavement plus some signage.
Mr. Pilling said the Chautauqua County DPF would not have an issue with pavement striping and a couple of NO PARKING signs.
Mr. Pilling also reported that work on the joint refueling station is moving forward. The fuel tank has been set and we are waiting for the connections to the fuel pumps to be made.
Mr. Pilling also indicated that he was recently contacted by Mr. Sam Whitmore, the owner of 110-120 Chautauqua Ave. to see if the Department of Public Works could excavate part of the West Third Street right-of-way adjacent to his building. Doing so would improve the off-street parking area while making room for the installation of a block wall. Mr. Pilling said Mr. Whitmore would incur the cost of the necessary concrete work and the number of concrete blocks required for the job.
Police Chief John R. Bentley reported that the Lakewood-Busti Police Department has handled six thousand six hundred forty-six incidents year-to-date, three hundred fifty-one of which occurred within the past two weeks. Chief Bentley said things have been steady and very busy.
Fire Chief Steve Smouse reported that the Lakewood Volunteer Fire Department has responded to six hundred seventy-eight alarms year-to-date. Chief Smouse also was happy to report that the LFD was recently on the receiving end of two separate grants. A matching grant in the amount of $ 1,500.00 from the Forestry Service will help fund the purchase of a couple of sets of turn-out gear. The other grant in the amount of $ 9,500.00, which was made possible through the efforts of Senator Catharine M. Young, will pay for repairs and upgrades to the furnace and hot water tank at the fire station.
Building Inspector Jeff Swanson indicated he has been very busy with projects that want to get going or ones that want to get finished before bad weather sets-in. He reported that he hasn’t heard from the developer regarding the Metro Mattress project at 347 East Fairmount Ave., and wonders if that project is moving forward. Mr. Swanson also reported that a national restaurant chain is scouting out a potential location here in Lakewood.
COMMITTEE REPORTS
Trustee Holcomb was pleased to report that he just received the Comprehensive Energy Audit as prepared by EME Consulting Engineering Group, LLC, New York, New York, that was conducted earlier in the year on the Anthony C. Caprino Municipal Building, the Department of Public Works garage and the fire station. Mr. Holcomb said he also received the Village of Lakewood’s LED Street Light Bill Analysis, regarding a proposal to upgrade 397 existing street light fixtures with more efficient LED light fixtures. Mr. Holcomb said both reports were completed in cooperation with the New York Power Authority and that each will be on file in the Village Clerk’s Office for reference.
RESOLUTION #121-2018 – AUTHORIZE FUND TRANSFER
Motion by Trustee Barnes, seconded by Trustee Holcomb, authorizing Village Treasurer Andrea J. Windoft to transfer $ 600.00 from Trust & Agency Account T-1037.30, [Richard O. Hartley Park], to General Fund Account A8510.40, [Community Beautification], to pay for the Media One invoice for “Live on the Lake” advertising package. NOTE: Funds deposited in the Trust & Agency account were provided by Lakewood merchants.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #122-2018 – APPROVE NEW LAKEWOOD FIRE DEPARTMENT MEMBERS
Motion by Trustee Holcomb, seconded by Trustee Barnes, that the Board of Trustees, acting as the Board of Fire Commissioners, approve Mr. Benjamin Troche, 21 New York Ave., and Mr. Alex Card, 2023 Shadyside Ave., as new members of the Lakewood Volunteer Fire Department.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #123-2018 – APPROVE CHAUT. CO. CHAMBER OF COMMERCE MEMBERSHIP
Motion by Trustee Schutte, seconded by Trustee Barnes, for the Board of Trustees to approve the Village of Lakewood’s membership in the Chautauqua County Chamber of Commerce and the remittance of the annual membership fee of $ 399.00.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #124-2018 – APPROVE ZONING BOARD OF APPEALS APPOINTMENT
Motion by Trustee Holcomb, seconded by Trustee Barnes, to appoint Zoning Board of Appeals Alternate, Mr. Jerry Holmes, 10 Holly Dr., as one of the five (5) regular members of the Zoning Board of Appeals. Mr. Holmes’ appointment comes in the wake of the recent resignation of long time Zoning Board of Appeals member and former Deputy Chairperson, Ms. Myra V. Blasius. Ms. Blasius served on the Zoning Board of Appeals for the past fourteen years.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #125-2018 – APPROVE USE OF VILLAGE STREETS
Motion by Trustee Barnes, seconded by Trustee Holcomb, to approve the use of Village of Lakewood streets for the “Buddy Walk”, which will be held at 11:00 AM,
Saturday, October 6th. The “Buddy Walk” will start and finish at the Lakewood Rod & Gun Club and utilize East Summit Street and East Terrace Ave. as the route.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
RESOLUTION #126-2018 – RESCHEDULE NEXT REGULAR BOARD OF TRUSTEES MEETING
Motion by Trustee Holcomb, seconded by Trustee Barnes, that due to the upcoming Columbus Day Holiday, (Monday, October 8th), the next regular meeting of the Board of Trustees will be rescheduled for 6:30 PM, Tuesday, October 9, 2018. The meeting will be held in the Board Room of the Anthony C. Caprino Municipal Building, 20 West Summit Street, Lakewood, N.Y., preceded by a 6:00 PM work session.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
ANYONE TO BE HEARD
Mr. Rich Fischer, 43 West Fairmount Ave. appeared before Deputy Mayor McCague and members of the Board of Trustees and said he would like comment on a couple of things. Mr. Fischer said he saw a Pot Shots cartoon in the paper the other day which read, “You are cordially invited to my next fiasco”. He said in his opinion the Village of Lakewood has experienced a number of fiascos in the past few years. They started with retaining legal counsel regarding the cell tower matter, a fiasco, having a VIP area & applying for a liquor license during the 4th of July Summerfest a couple of years ago, a fiasco, the cell tower matter, a fiasco, the fence issue between 15 & 19 Owana Way, a fiasco, talk of establishing a new Village Manager position, a fiasco, water sampling & testing request and subsequent invoice from the Chautauqua Lake Association, a fiasco, and now the Mayor, who, it is rumored, has moved out of the state and the Village of Lakewood remains obligated to pay her a salary of $ 625.00/month, a fiasco.
Mr. Fischer continued, saying, per a June 16th article in The Post-Journal, it was reported that a number of concerned citizens were fearful that aquatic herbicides may have been applied in areas off Village of Lakewood shorelines, when it was understood that the Board of Trustees voted against such application.
Someone had to contact the Chautauqua Lake Association, requesting a water sample be taken and tested. Mr. Fischer said a report came back to the Village of Lakewood towards the end of June and it wasn’t until July 23rd that the Village Treasurer, Mrs. Windoft, received an invoice from the Chautauqua Lake Association in the amount of $ 853.40. Mr. Fischer said he would like to ask each member of the Board of Trustees a simple yes or no question. He proceeded to ask each of them if they had knowledge of the water sampling and testing or if they had seen the water test report prior to the time the invoice was received.
Deputy McCague questioned Mr. Fischer’s interrogation of members of the Board of Trustees and respectfully asked Village Attorney LaMancuso for his comment on this type of questioning.
Village Attorney LaMancuso indicated to each member of the Board if they feel comfortable answering Mr. Fischer’s questions so be it. If one or more members of the Board of Trustees would rather consult with him prior to answering, he would be willing to do so with that person or persons.
In response to Mr. Fischer’s question about having any knowledge of either the water sampling, or water test results, prior to July 23rd, Deputy Mayor McCague and Trustees Barnes, Holcomb and Schutte all answered no.
Mr. Fischer said he was flabbergasted, that without seeing a report on the water test results, how could members of the Board of Trustees approve payment of the invoice received from the Chautauqua Lake Association, and that someone must take responsibility for requesting the water sample and test.
Deputy Mayor McCague indicated to Mr. Fischer although he and members of the Board of Trustees didn’t see a report they knew one was forthcoming. He said the report indicated that no aquatic herbicides were detected in the water sample taken.
Mr. Fischer then asked if The Post-Journal was contacted informing them of the water test results.
Deputy Mayor McCague asked Mr. Fischer why would he think anyone on this board had a duty to call The Post-Journal regarding the water test report.
In conclusion, Mr. Fischer said he believes the Village of Lakewood owes an apology to the Chautauqua Lake Association, because they have taken a lot of abuse and sarcasm over this whole matter, adding the CLA only did what they were asked to do.
Trustee Holcomb said he agrees with Mr. Fischer, saying the CLA has been taking it on the chin over this whole thing.
Trustee Schutte said the water sampling and test was done because there was a need for it to be done.
Ms. Sharon Swanson, 110 Lakeview Ave., appeared before Deputy Mayor McCague and members of the Board of Trustees, to express her concerns regarding the condition of the neighboring property at 24 East Third Street, and wondered what else she needs to do to get the problems resolved. Ms. Swanson said she had previously filed complaint forms with the Village of Lakewood that took five to six months to get things taken care of.
In May Ms. Swanson said she filed a written complaint regarding her neighbor’s overgrown vegetation, high grass and a portion of a tree that had fallen down and was laying across the common boundary line. She stopped back in June to check on the status of her complaint and was told by Building Inspector Swanson he was too busy. Ms. Swanson said she let it go for a while and by Labor Day a portion of her neighbor’s tree was laying on top of her garage roof. She isn’t saying the Village of Lakewood is at fault because part of her neighbor’s tree is laying on the roof of her garage, but she stopped back down at the Clerk’s Office the Wednesday after Labor Day. At that time Mr. Swanson was in the process of getting “Notices of Violation” out in the mail to the property owner.
Ms. Swanson said we are now past the date by which the violations should have been completely corrected or fixed. Although the property owner has made an attempt to correct some of the problems, Ms. Swanson asked what else does she need to do to make sure these property maintenance violations are followed-up on by the Building Inspector.
Building Inspector Swanson indicated that there are a lot of property maintenance issues throughout the Village of Lakewood and that he must focus his attention on matters dealing with safety first. Mr. Swanson explained that there have been some amendments to the local zoning law that will assist in the enforcement of property maintenance related issues. Mr. Swanson indicated that when the owner of the property at 24 East Third Street has failed to address the specific property maintenance violations within the allotted time frame, an appearance ticket will be issued.
Mr. Swanson explained that he tries to address these type of issues in a timely manner, reiterating the fact that there are numerous blighted properties throughout the Village of Lakewood.
Ms. Swanson said this issue has been going on since May and believes she has been more than patient. Ms. Swanson said she doesn’t want to be a nag about this, but just would like to see the Building Inspector do his job. She said most of her neighbor’s backyard is covered in brush piles. It’s a huge eyesore and the whole yard is a dump.
Building Inspector Swanson said if the Village of Lakewood would like to address property maintenance issues more aggressively he suggested that they consider hiring someone part-time, who would only handle zoning code violations.
Trustee Barnes said that might be a direction for the Board of Trustees to consider. She asked Village Attorney LaMancuso if there are any legal avenues the Village of Lakewood might take to enforce its property maintenance standards more aggressively.
Village Attorney LaMancuso indicated property maintenance issues are challenging and ultimately end up in the hands of the judges in the local court system.
Deputy Mayor McCague told Ms. Swanson he appreciates her frustration, because he has a similar situation in his own neighborhood. It is certainly aggravating. Deputy Mayor McCague said property maintenance enforcement is a big job and respectfully asked Ms. Swanson for her continued patience. Mr. Swanson is doing the best he can on a part-time basis.
Deputy Mayor McCague said as Building Inspector Swanson previously indicated, there have been amendments made to the local zoning which gives the Code Enforcement Officer more leverage when it comes to property maintenance issues.
Ms. Swanson said situations like the one at 24 East Third Street aren’t fair to the home owners that are properly maintaining their property.
Mr. Swanson said he would like to thank DPW Supervisor Pilling and his crew for recently taking care of a high grass issue between the sidewalk and curb line on Ohio Ave. He added, when dealing with “zombie properties” sometimes there is no place to turn.
Mr. Michael Looker, 15 Owana Way, said with the number of property maintenance issues throughout the Village of Lakewood and the Town of Busti, asked if the Board of Trustees would consider Building Inspector Swanson’s request to possibly hire someone part-time to assist in the enforcement of property maintenance violations.
Deputy Mayor McCague indicated because the Building Inspector/Code Enforcement Officer position is in place via a shared agreement between the Village of Lakewood and the Town of Busti, bringing someone else on part-time would need to be discussed with the elected officials of Town of Busti. Deputy Mayor McCague was pleased to note the Town of Busti recently hired a part-time Fire Inspector to assist Mr. Swanson, which is going to be a big benefit to the community.
Ms. Jonna Genco, 2 Crystal Ave., wished to revisit the matter about the water sample, test and resulting bill. She asked, when the Chautauqua Lake Association sent the invoice to the Village of Lakewood, who was it addressed to. If it was addressed to Mayor Birrittieri, then it is likely we all know now who ordered the water test. Ms. Genco said approving to pay the bill, when it was unclear who exactly ordered the water test, isn’t setting a good example and just doesn’t make sense.
Trustee Schutte indicated the Chautauqua Lake Association performed a service for the Village of Lakewood and shouldn’t have to bear the brunt when questions surfaced about payment of the invoice.
Trustee Schutte indicated that there was an initial motion made by Trustee Barnes, which was seconded by Trustee Holcomb to approve payment of the $ 853.40 invoice. We agreed as a group that the invoice should be processed and paid.
Trustee Holcomb said since that initial motion was adopted, he and Trustee Barnes have had discussions with New York State Conference of Mayors Counsel, who said it was improper for the Village of Lakewood to have remitted payment for the invoice received from the Chautauqua Lake Association. It was following those discussions that he and Trustee Barnes changed their posture regarding that earlier resolution.
Trustee Barnes said she had word from Mr. Doug Conroe, Executive Director of the Chautauqua Lake Association, from his lips to her ears, that indeed Mayor Birrittieri had ordered the water sampling and subsequent testing. Trustee Barnes said she was already fairly confident that was the case, believed the Village of Lakewood should pay the invoice and to deal with the other issues at a later time. Those issues include the potential for criminality and to find out for certain who requested the water test.
Ms. Genco said she was appalled by the lack of concern shown by Mayor Birrittieri, Trustee McCague and Trustee Schutte over this issue. Ms. Genco then asked where is Mayor Birrittieri, because she and others have heard rumors that she moved to Florida. She said even when Mayor Birrittieri is in attendance, she ignores our concerns, so maybe she should resign.
Deputy Mayor McCague indicated that Mayor Birrittieri is not in attendance this evening and believes she is out of town.
Mr. Louis S. Drago, Jr., 9 Brook Street, asked how many meetings is a Mayor allowed to miss before he or she is removed from office. If you don’t have an answer, that question is one that should be looked into by the Village Attorney.
Deputy Mayor McCague indicated to Ms. Genco that members of the Board of Trustees are listening to her concerns and are trying to do the right things. He believes each member the Board of Trustees is open to the idea of utilizing aquatic herbicides as a tool in lake management. Earlier this summer we weren’t sure what was the best thing to do, plus the Village of Lakewood lacked the funding to undertake herbicide application. The application of aquatic herbicides is an expensive proposition and it is something the Village of Lakewood will need to budget for in the future.
Trustee Barnes indicated Chautauqua County, under the direction of County Executive George Borrello has formed a Lake Committee, of which she is a member, will be having its initial meeting this Thursday. Trustee Barnes said as a committee member she will be pushing for more involvement from the State of New York when it comes to managing Chautauqua Lake.
She said most of the lakes throughout the Empire State are treated with aquatic herbicides annually and it is a practice that has gone on for a long time. Trustee Barnes believes Governor Cuomo has set aside funding for a number of lakes in upstate New York, including Chautauqua Lake, and is hopeful some of that funding makes it way to Chautauqua County.
Town of Busti Supervisor Jesse Robbins indicated that over the summer there have been twenty to thirty individuals who attended Town of Busti Board meetings who spoke about the amazing results they have seen in the condition of Chautauqua Lake following the Town’s decision to allow and pay for the application of aquatic herbicides in targeted areas off Town of Busti shorelines. He said there have been as many phone calls from individuals who were very pleased with the results of the herbicide application.
Supervisor Robbins said this whole water test issue that was ordered by someone is just crazy.
He then stressed that we all need a healthy Chautauqua Lake. The revenue that Chautauqua Lake generates benefits everyone in Chautauqua County.
Supervisor Robbins said as far as rumors surrounding Mayor Birrittieri’s absence, he is sick to death of them. It is time someone stands up and explains what is going on. Although her personal issues are none of his business, it becomes his business when he needs to get in touch with her about something. He said she campaigned two years ago on the promise to be a full-time Mayor. Supervisor Robbins said she was impossible to get a hold of when she was in town, now you are telling me I need to call her in Florida. Are you kidding me? Without any definitive answers on the Mayor’s whereabouts or status, Supervisor Robbins said he feels sorry for members of the Board of Trustees, and the employees of the Village of Lakewood.
Deputy Mayor McCague indicated to Supervisor Robbins we have all heard the rumors and as Deputy Mayor told Supervisor Robbins he is always welcome to call him. Deputy Mayor McCague said as he understands it and to the best of his knowledge, Mayor Birrittieri has made a personal decision that involves her family. Without a letter of resignation, the Board of Trustees doesn’t have anything to act on and at this point Mayor Birrittieri is still the Mayor of the Village of Lakewood.
Mr. Looker said he understands there is a complicated procedure to remove a Mayor from office. He then asked if the Board of Trustees is in a position to take a vote to start that procedure or not.
Trustee Barnes said the Board of Trustees isn’t in a position to discuss that at this time.
Mr. Drago indicated to Deputy Mayor McCague that he, as a friend of the Mayor, write a simple letter to Mayor Birrittieri, asking her what her intentions are with respect to her role as Mayor of the Village of Lakewood. Mr. Drago said he can appreciate the fact that one’s family comes first, but if she isn’t in a position to fulfill her duties as Mayor, then she needs to make a decision.
Deputy Mayor McCague said we all have to be very clear, this was a personal decision based on a personal situation and we all would have probably made the same decision. Yes, the Mayor has an obligation to the Village of Lakewood, but he doesn’t think she wants to shun that obligation right now. It is just that the higher priority, is always going to be family. Not being here this evening doesn’t mean Mayor Birrittieri doesn’t want to continue as Mayor and/or be part of the Village of Lakewood.
Trustee Barnes indicated that the threshold for removing a Mayor from office is very high, and yes the Village of Lakewood must continue to pay her and yes it is legal for a Mayor to take a leave of absence.
Mr. Griffith Jones, 144 West Summit Street, said after attending several previous meetings of the Board of Trustees, tonight’s meeting is the first time he has heard honest and sincere responses. So thank you.
RECESS
Motion by Trustee Holcomb, seconded by Trustee Barnes, to recess the regular meeting of the Board of Trustees at 7:34 PM, so as to enter into executive session.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
EXECUTIVE SESSION
Present at the executive session were Deputy Mayor Edward J. McCague, Trustee Ellen E. Barnes, Trustee Randall G. Holcomb, Trustee Douglas L. Schutte, Village Attorney John I. LaMancuso, Building Inspector Jeffrey A. Swanson, and Village Clerk Joseph M. Johnson. Motion by Trustee Schutte, seconded by Trustee Holcomb, to adjourn the executive at 8:01 PM, and to reopen the regular meeting.
Adopted: 4 ayes, no nays (Barnes, Holcomb, McCague, Schutte)
Motion by Trustee Holcomb, seconded by Trustee Barnes, and unanimously carried the Board adjourned at 8:02 PM.
______________________________
Joseph M. Johnson
Village Clerk
