Village of Akron Minutes

October 7, 2019

RESOLUTION duly moved by Forrestel and seconded by Folger to go into an executive
session regarding personnel matters at 6:41 pm be and hereby is approved.
ADOPTED CARL E. PATTERSON – AYE
E. PETER FORRESTEL – AYE
MICHAEL R. MIDDAUGH – AYE
DARRIN L. FOLGER – AYE

RESOLUTION duly moved by Middaugh and seconded by Folger to come out of the
executive session regarding personnel matters at 7:03 pm be and hereby is approved.
ADOPTED CARL E. PATTERSON – AYE
E. PETER FORRESTEL – AYE
MICHAEL R. MIDDAUGH – AYE
DARRIN L. FOLGER – AYE

A REGULAR MEETING of the Akron Village Board was held on this date at 7:05 p.m.
Present: Mayor Carl E. Patterson; Trustees E. Peter Forrestel, Michael R. Middaugh, and Darrin
L. Folger; Village Attorney Andrew Borden, Treasurer Tammy Kelley, Clerk Jayne DeTine,
Chief of Police Richard Lauricella, Public Works Manager Jon Cummings and Code
Enforcement Officer Michael Borth.
The Mayor led us in the pledge to the flag.
RESOLUTION duly moved by Middaugh and seconded by Folger that the Minutes of the
Regular Meeting of September 16, 2019 and the Special Meeting September 30, 2019 be andhereby are approved by the Village Board.
ADOPTED CARL E. PATTERSON – AYE
E. PETER FORRESTEL – AYE
MICHAEL R. MIDDAUGH – AYE
DARRIN L. FOLGER – AYE
RESOLUTION, duly moved by Forrestel seconded by Folger that the audit of the bills is
approved, and the Treasurer authorized to pay same in accordance with the following abstract of audit vouchers:
General Fund $ 22,193.29
Electric Fund $ 173,832.11
Water Fund $ 11,572.76
Sewer Fund $ 16,492.98
Capital Projects $ 62,626.66
ADOPTED CARL E. PATTERSON – AYE
E. PETER FORRESTEL – AYE
MICHAEL R. MIDDAUGH – AYE
DARRIN L. FOLGER – AYE
RESOLUTION duly moved by Folger and seconded by Middaugh that the following
building permits be and hereby are approved with the application and approval of the Code
Enforcement Officer:
Wendy Bergman 76 Bloomingdale Ave Windows $100.00
James Hayes 8 Pearl Place Bathroom Redo $160.00
Ronald Blum 20 Bloomingdale Ave Deck $112.00
James Pixley 9 Mill Street Roof $100.00
Free Methodist Church 6 Scotland Rd Driveway $ 0.00
Dana Bauer 5 Mill Street Shed $ 96.00
Jeffrey Peters 45 Main Street Roof $ 50.00
Tracy Riggs 2 Buell Street Demo Garage $ 75.00
Dennis Freeman 61-63 Main St Roof Top Units $200.00
Kyle Karmazyn 10 Stoneridge Ln Roof $100.00
Kathryn Nicosia 21 Danita Drive Handicap Ramp $ 50.00
Jonathan Sowinski 4 Stoneridge Ln Windows $100.00
Melissa Babiarz (BabzBBQ) 15 Monroe Street New Business $ 50.00
ADOPTED CARL E. PATTERSON – AYE
E. PETER FORRESTEL – AYE
MICHAEL R. MIDDAUGH – AYE
DARRIN L. FOLGER – AYE
RESOLUTION duly moved by Forrestel and seconded by Folger that the following
Applications for a Dumpster Permit be and hereby are approved in accordance with the
application filed and payment of permit fee:
Jeffrey Peters 45 Main Street Temporary $50.00
Matthew Takach 200 East Ave Temporary $50.00
Kyle Karmazyn 10 Stoneridge Ln Temporary $50.00
ADOPTED CARL E. PATTERSON – AYE
E. PETER FORRESTEL – AYE
MICHAEL R. MIDDAUGH – AYE
DARRIN L. FOLGER – AYE
RESOLUTION duly moved by Folger and seconded by Forrestel that the following
Peddler’s Permit be and hereby is approved with the applications and approval of the Code
Enforcement Officer:
Jeffrey Jendrowski Kindred Kreek 1 Year $100.00
ADOPTED CARL E. PATTERSON – AYE
E. PETER FORRESTEL – AYE
MICHAEL R. MIDDAUGH – AYE
DARRIN L. FOLGER – AYE
PUBLIC HEARING –
PUBLIC HEARING-was held at this time to hear any and all persons for the purpose of
addressing the 2020 Community Development Block Grant Program. Village Clerk DeTine read the Proof of Publication and asked if anyone in attendance wished to speak. Village Clerk DeTine stated that the Village has had many projects granted due to the CBDG such as: Skyline Drive sidewalks, water lines on John Street, Bloomingdale Avenue, Brooklyn Street, Washington Street, Liberty Street and Cedar Street/Morgan Street; total reconstruction of Marshall Avenue and Hoag Avenue, and most recently the Village Hall ADA Front Entrance Project as well as the Rural Transit Van Service program shared jointly with the Town of Newstead and the Town of Clarence. Discussion was held regarding the wish list of projects for this coming year such as: Handicap sidewalk aprons and crosswalks along Main Street Central Business District, a joint application with the Town of Newstead for updated signage on the trail way in Village & Town and lastly the Rural Transit Van Service Program shared jointly with theTowns of Newstead and Clarence.
RESOLUTION duly moved by Forrestel and seconded by Middaugh that the Public
Hearing regarding the 2020-2021 Community Development Block Grant Program be and hereby
is closed at 7:15 pm
ADOPTED CARL E. PATTERSON – AYE
E. PETER FORRESTEL – AYE
MICHAEL R. MIDDAUGH – AYE
DARRIN L. FOLGER – AYE
RESOLUTION duly moved by Forrestel and seconded by Middaugh that the No. 1
request for the Community Development Funds for the year 2020 for the Village of Akron be
and hereby is to be for Handicap Sidewalk/Aprons and crosswalks along Main Street/Central
Business District, and that Mayor Carl E. Patterson is authorized to sign, submit and execute a
contract with Erie County Community Development Block Grant (ECCDBG) program for said
project, upon approval of ECCDBG.
ADOPTED CARL E. PATTERSON – AYE
E. PETER FORRESTEL – AYE
MICHAEL R. MIDDAUGH – AYE
DARRIN L. FOLGER -AYE
RESOLUTION duly moved by Forrestel and seconded by Middaugh that the No. 2
request for the Community Development Funds for the year 2020 for the Village of Akron be
and hereby is to be jointly with the Town of Newstead, updated signage on the trail way in the
Village & Town, and that Mayor Carl E. Patterson is authorized to sign, submit and execute a
contract with Erie County Community Development Block Grant (ECCDBG) program for said
project, upon approval of ECCDBG.
ADOPTED CARL E. PATTERSON – AYE
E. PETER FORRESTEL – AYE
MICHAEL R. MIDDAUGH – AYE
DARRIN L. FOLGER -AYE
RESOLUTION duly moved by Forrestel and seconded by Middaugh that the No. 3
request for the Community Development Funds for the year 2020 for the Village of Akron be
and hereby is to be the joint Rural Transit Van Service project with the Towns of Newstead and
Clarence, and that Mayor Carl E. Patterson is authorized to sign, submit and execute a contract
with Erie County Community Development Block Grant (ECCDBG) program for said project,upon approval of ECCDBG.
ADOPTED CARL E. PATTERSON – AYE
E. PETER FORRESTEL – AYE
MICHAEL R. MIDDAUGH – AYE
DARRIN L. FOLGER -AYE
The Clerk asked the Board to approve holding a Public Hearing regarding the Cable
Contract with Spectrum Northeast LLC for October 21, 2019 at 7:00 pm.
RESOLUTION duly moved by Middaugh and seconded by Folger to hold the Public
Hearing regarding the Cable Contract with Spectrum Northeast LLC on Monday October 21,2019 at 7:00 pm be and hereby is approved.
ADOPTED CARL E. PATTERSON – AYE
E. PETER FORRESTEL – AYE
MICHAEL R. MIDDAUGH – AYE
DARRIN L. FOLGER – AYE
APPEARANCE – none
PUBLIC COMMENT – none
PROJECT REPORTS –
Village Hall ADA Front Entrance Project – Attorney Borden stated that Brian Stamm
from Stamm Law Firm is still working on the water damage issue.
Main Street Milling and Paving Project – Public Works Manager Jon Cummings reported
that the milling of Main Street went well. Paving is scheduled for October 8, 2019.
MONTHLY REPORTS –
Departments –
VILLAGE ATTORNEY – reported: Elleen Short and Alison Koopman came before the
Board during the Work Session held earlier to present their ideas for a Farmer’s Market on the Village land located at Clinton Street/Eckerson Avenue.
CLERK –submitted report for September 2019 reported: Collected 1170 Tax Bills in the
amount of $1,059,972.16 (97.33%); the joint Town of Newstead Village of Akron Household Hazardous Waste/Electronic Recycling/Shred-it event was held on October 5, 2019 and went very well.
CHIEF OF POLICE – submitted report for September 2019 and schedule for October
2019. Reported: assisted with control of traffic for the Main Street Milling Project;
Homecoming Events went well; will post for the road closing on Main Street for the Fall Festival on October 12, 2019 from 3:00 pm – 9:00 pm; Police Vehicle will go in for repairs on October15, 2019; will provide dates to the Police, Fire, and Emergency Services Committee to meet with the new Akron Central School Superintendent and New High School Principal to review and discuss the School Resource Officer Program.

PUBLIC WORKS MANAGER – reported: Main Street was milled with the help of 4
Town Trucks and 2 from Darien; milled railroad street for the future parking of the Village
owned land on Eckerson Avenue for future uses; Using Auctions International to sell the old
Police UTV and the old Leaf Vac; requested permission to attend the NYCOM Public Works
Training School in Ithaca, NY from October 21-23, 2019.
RESOLUTION duly moved by Folger and seconded by Forrestel to allow Public Works
Manager, Jon Cummings, to attend the NYCOM Public Works Training School in Ithaca, NY
from October 21-23, 2019 be and hereby is approved.
ADOPTED CARL E. PATTERSON – AYE
E. PETER FORRESTEL – AYE
MICHAEL R. MIDDAUGH – AYE
DARRIN L. FOLGER – AYE
CODE ENFORCEMENT OFFICER – submitted report for September 2019. Discussion
held regarding training he attended and current violations for property maintenance.

Elected Officials –

TRUSTEES – COORDINATORS
Trustee Perry – reported: excused absence

Trustee Middaugh – reported: attended an Electric Committee meeting and now waiting
on quotes for testing of the transformers; regarding Streets, looking forward to getting the Main
Street paving done tomorrow along with Liberty and Washington Streets.
Mayor Patterson – reported: HR Committee will set up a meeting regarding the
Employee Contract; also reviewing draft Handbook from MindSquad; discussion of leaf
collection; would like to move forward regarding Proclamation scheduled for the late Irene
Cummings at the next Village Board meeting October 21, 2019; would like to see basic
highlights of Village Committee meetings; finally, thanked Jon and the Streets and Electric
Crews for their work in the past few weeks and the Clerk for the movie wrap up summary andthe arranging the Household Hazardous Waste/Electronic Recycling/Shred-it Event held Saturday October 5, 2019.
Trustee Forrestel – reported: attended the Water Wastewater Committee this evening
where discussion was held regarding Water Plant maintenance done over the summer; Security at the reservoir and the possibility of looking into remote trail cameras that can hook up to cell phones; discussed the Wastewater Plant maintenance operations and the Leisurewood/Adesa lift station rebuild coming this Fall, will review the maintenance after the rebuild to update the Maintenance Agreement with Adesa; Steve Tanner was in attendance and discussed Phase I of the Sewer Plant upgrade which would include the RBC;s; Steve will come to the Village Work  Session to discuss the bidding process for Phase I on November 4, 2019; discussed the NYSDEC comment letter; The Water Wastewater Committee recommended to extend the Sewer Moratorium for another six months until June 30, 2020 with the same conditions as the last extension.
Background:
In June 2019, the Village Board extended the sewer moratorium until December 31,
2019. Based upon the monthly operation reports provided by Clark Patterson Lee, the Board finds that the Waste Water Treatment Plant is running well under its rated capacity. There is, however, significant infiltration in the collection system which requires a continuation of the moratorium at 50 equivalent household units. At this time, more than 95% of the Village has had camera and smoke test evaluations. The continuation of the moratorium will allow the Village to complete testing and correction work.
RESOLUTION duly moved by Forrestel and seconded by Middaugh that the present
moratorium as described by local law 2005-1 as amended is extended until June 30, 2020 be and hereby is approved.
ADOPTED CARL E. PATTERSON – AYE
E. PETER FORRESTEL – AYE
MICHAEL R. MIDDAUGH – AYE
DARRIN L. FOLGER – AYE
Trustee Folger – reported: nothing new

OLD BUSINESS

Clinton Street/Eckerson Avenue/ 43 East Avenue Village Land – Attorney Borden
reported that during the earlier Work Session, Elleen Short and Alison Koopman presented their plans and a site map for a Farm Market they would call West Shore Market for the Village owned property on Eckerson Avenue.
Cable Contract – Board approved a Public Hearing for the next Village Board meeting
scheduled October 21, 2019.
Corrective Action Plan – MindSquad presented the HR Committee the draft of the
updated Handbook for review.
Joint Comprehensive Master Plan – Mayor Patterson will reach out to retired Village
Attorney Daniel D. Shonn to help create the Village Committee for the Village portion of the joint Comprehensive Plan with the Town of Newstead.

NEW BUSINESS
RESOLUTION duly moved by Folger and seconded by Forrestel to allow Treasurer
Tammy Kelley to attend the MEUA Accounting and Finance Workshop from October 15-17, 2019 at the Embassy Suites in Syracuse, NY be and hereby is approved.
ADOPTED CARL E. PATTERSON -AYE
E. PETER FORRESTEL -AYE
MICHAEL R. MIDDAUGH -AYE
DARRIN L. FOLGER -AYE
RESOLUTION duly moved by Middaugh and seconded by Forrestel to appoint the
NYMPA Board of Directors as the Village voting delegate at the Semi-Annual NYMPA meeting on October 30, 2019 in Syracuse, NY be and hereby is approved.
ADOPTED CARL E. PATTERSON -AYE
E. PETER FORRESTEL -AYE
MICHAEL R. MIDDAUGH -AYE
DARRIN L. FOLGER -AYE

RESOLUTION duly moved by Forrestel and seconded by Folger to allow the Indigenous
Day Committee to hold the Indigenous Day Celebration in Russell Park on October 14, 2019 be
and hereby is approved.
ADOPTED CARL E. PATTERSON -AYE
E. PETER FORRESTEL -AYE
MICHAEL R. MIDDAUGH -AYE
DARRIN L. FOLGER -AYE
CORRESPONDENCE –

Wm. Schutt Monthly Report for August and September 2019.
Letters from Charter Communications notifying the Village of broadcasting changes.

Assessor’s Report #2 for September 2019.
Rural Transit Service Advisory Board Minutes from September 26, 2019.
Email from Resident Julie Brady regarding East Avenue.
Letter from County Executive Mark Poloncarz regarding Erie County Shared Services
Property Tax Savings Plan.

PUBLIC COMMENT – Village Treasurer Kelley reported to the Village Board that the
Village Auditors, Drescher and Malecki, will appear before the Board to review their report on
November 18, 2019.
RESOLUTION duly moved by Forrestel and seconded by Folger to go into an executive
session regarding personnel matters at 8:15 pm be and hereby is approved.
ADOPTED CARL E. PATTERSON – AYE
E. PETER FORRESTEL – AYE
MICHAEL R. MIDDAUGH – AYE
DARRIN L. FOLGER – AYE

RESOLUTION duly moved by Middaugh and seconded by Folger to come out of the
executive session regarding personnel matters at 8:48 pm be and hereby is approved.
ADOPTED CARL E. PATTERSON – AYE
E. PETER FORRESTEL – AYE
MICHAEL R. MIDDAUGH – AYE
DARRIN L. FOLGER – AYE

On motion of Middaugh and seconded by Folger at 8:49 p.m. this meeting was
ADJOURNED.