EXECUTIVE SESSION
Board of Trustees Municipal Building
Village of Kenmore September 2, 2008
PRESENT: Hon. Patrick Mang Mayor
Hon. Salvatore Muscarella Trustee
Hon. Katherine Bestine Trustee
Hon. R. Timothy McCarthy Trustee
Hon. Paul Catalano Trustee
EXECUTIVE SESSION TO DISCUSS ONE LITIGATION, ONE PERSONNEL, ONE INVESTIGATION AND ONE FINANCIAL MATTER.
Trustee Muscarella moved to go into Executive Session to discuss one litigation, one personnel, one investigation and one financial matter.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.
Trustee Catalano moved to end the Executive Session.
Seconded by Trustee McCarthy and adopted by a full vote of all members present.
Kathleen P. Johnson, Esq.
Village Clerk/Treasurer
CORPORATION PROCEEDINGS
Board of Trustees Municipal Building
Village of Kenmore September 2, 2008
PRESENT: Hon. Patrick Mang Mayor
Hon. Salvatore Muscarella Trustee
Hon. Katherine Bestine Trustee
Hon. R. Timothy McCarthy Trustee
Hon. Paul Catalano Trustee
The meeting was called to order at 8:00 p.m. by Mayor Mang. Mayor Mang led the Pledge of Allegiance.
BOARD CONDUCTED A HEARING PERTAINING TO A CABLE FRANCHISE AGREEMENT BETWEEN THE VILLAGE OF KENMORE AND VERIZON NEW YORK INC.
The Clerk advised that this was the time and place to conduct a hearing pertaining to a Cable Franchise Agreement between the Village of Kenmore and Verizon New York Inc.
Trustee McCarthy moved to open the hearing.
Seconded by Trustee Muscarella and adopted by a full vote in the affirmative.
Jamir Floyd, External Affairs Manager for Verizon said she remembers when there were only three stations on television and now FIOS is asking for a yes vote to have all digital channels with sharp, crisp and clear broadcasting. Verizon is a one hundred year old company and has invested $82 million in fiber optics network. Ms. Floyd states they spend $66 million annually in compensation. Verizon donates back to the community and is proud of its commitment. She thanks Village Attorney Daniel Novak and Village Clerk Kathleen P. Johnson.
- 2 - September 2, 2008
Rich Hilstrom and Brian Johnson, outside counsel are present. Mr. Johnson thanks Mr. Novak, Ms. Johnson and the Board of Trustees for their help. Verizon is upgrading the system and needs the franchise agreement to proceed. The key elements are as follows:
1. 10 year term
2. The Village of Kenmore will be provided with service within 5 years
3. 62% of the Village will have service within 12 months. 85% will have FIOS service within 2 years.
4. The Village will receive 5% of gross revenues.
5. Free service will be provided for 10 Village buildings with four hook ups within the Municipal Building.
6. The Agreement is compatible and neutral to other Cable Franchiser agreements including, audit and inspections provisions. The result is a level playing field, economically and legally. Public Service Commission has approved all of the Verizon agreements so far. There have been eight Franchise Agreements with Verizon passed in Western New York. Kenmore would be the ninth.
Kenneth Habberfield of 418 Wardman Road works for Verizon. He said FIOS will soon be available giving better and faster service. It gives the residents a choice and promotes competition. Mr. Habberfield has been an engineer for Verizon for 22 years and he asks the Board for their support to provide a greater choice for the residents.
Mayor Mang said he looks forward to the enhanced service and competition and thanks the committee for its work.
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Mr. Johnson provided Clerk Johnson with two copies of the agreement for signature.
Trustee Bestine moved to close the hearing.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.
BOARD APPROVED A CABLE FRANCHISE AGREEMENT BETWEEN THE VILLAGE OF KENMORE AND VERIZON NEW YORK INC.
Trustee Muscarella moved to approve a Cable Franchise Agreement between the Village of Kenmore and Verizon New York Inc. A copy of this Agreement will be on record in the Clerk/Treasurer’s Office.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.
A Roll Call Vote was taken as follows:
Trustee Muscarella Voting Aye
Trustee Bestine Voting Aye
Trustee McCarthy Voting Aye
Trustee Catalano Voting Aye
Disposition: Passed
- 4 - September 2, 2008
BOARD APPROVED THE PUBLICATION FOR A LEGAL NOTICE CALLING FOR BIDS PERTAINING TO THE PURCHASE OF FOUR (4) DIGITAL IN-CAR VIDEO SYSTEMS FOR THE KENMORE POLICE DEPARTMENT.
Trustee Catalano moved to approve specifications and call for publication of a Legal Notice for bids pertaining to four (4) digital in-car video systems for the Kenmore Police Department to be opened in the Village Clerk’s Office Monday, September 15, 2008 at 11:00 a.m.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.
BOARD APPROVED THE PUBLICATION FOR A LEGAL NOTICE CALLING FOR BIDS PERTAINING TO THE PURCHASE OF THREE (3) MARKED POLICE CARS FOR THE KENMORE POLICE DEPARTMENT.
Trustee McCarthy moved to approve specifications and call for publication of a Legal Notice for bids pertaining to three (3) Police Cars for the Kenmore Police Department to be opened in the Village Clerk’s Office Monday, September 15, 2008 at 11:00 a.m.
Seconded by Trustee Muscarella and adopted by a full vote in the affirmative.
BOARD APPROVED THE APPOINTMENT OF SUSAN HOWLEY AS THE COMMUNITY DEVELOPMENT COORDINATOR.
Trustee Bestine moved to approve the appointment of Susan Howley as the Community Development Coordinator for the village of Kenmore to fill an unexpired term.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.
- 5 - September 2, 2008
BOARD APPROVED THE APPOINTMENT OF LORI ANN DAVIS AS A PROBATIONARY FULL-TIME CLERK/TYPIST.
Trustee Muscarella moved to the appointment of Lori Ann Davis as a Probationary Full-time Clerk/Typist for the Village Clerk’s Office, effective September 3, 2008.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.
BOARD APPROVED THE APPOINTMENT OF LONG P. NGUYEN AS A PART-TIME CLERK FOR THE KENMORE JUSTICE COURT.
Trustee Catalano moved to approve the appointment of Long P. Nguyen as a Part-Time Clerk for the Kenmore Justice Court at a rate of $10.45 per hour..
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.
BOARD APPROVED THE APPOINTMENT OF FRANK FUSCO AS A SUBSTITUTE CROSSING GUARD.
Trustee McCarthy moved to approve the appointment of Frank Fusco as a Substitute Crossing Guard for the Village of Kenmore.
Seconded by Trustee Muscarella and adopted by a full vote in the affirmative.
- 6 - September 2, 2008
BOARD APPROVED AND GRANTED PERMISSION TO THE VILLAGE CLERK AND TWO TRUSTEES TO ATTEND A SEMINAR PERTAINING TO EMERGENCY RESPONSE.
Trustee Bestine moved to approve and grant permission to Village Clerk Kathleen P. Johnson, Esq. and Trustee R. Timothy McCarthy and Trustee Salvatore Muscarella to attend a seminar pertaining to Emergency Response on September 24, 2008 in Amherst, with expenses.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.
BOARD APPROVED AND GRANTED PERMISSION TO DETECTIVES JOSEPH VACANTI AND PAUL O’BRIEN TO ATTEND THE NEW YORK STATE POLICE CHILD PHYSICAL ABUSE AND NEGLECT SEMINAR.
Trustee Muscarella moved to approve and grant permission to Detectives Joseph Vacanti and Paul O’Brien to attend the New York State Police Child Physical Abuse and Neglect seminar on November 18-21, 2008 in Albany, with expenses.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.
BOARD APPROVED AND GRANTED PERMISSION TO SENIOR FIREFIGHTER RICHARD MAISANO TO ATTEND AN “INTRODUCTION TO FIRE OFFICER I”.
Trustee McCarthy moved to approve and grant permission to Senior Firefighter Richard Maisano to attend an “Introduction to Fire Officer I” course on Tuesday’s and Thursday’s starting on September 16, 2008 and ending October 14, 2008 at the Ellicott Creek Fire Hall, with expenses.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.
- 7 - September 2, 2008
BOARD APPROVED AND GRANTED PERMISSION TO THE RESIDENTS OF COLUMBIA BOULEVARD TO HOLD A BLOCK PARTY.
Trustee Catalano moved to approve and grant permission to the residents of Columbia Boulevard, between Delaware Road and Delaware Avenue, to hold their annual Block Party on Saturday, September 6, 2008 at the request of Anne Denman.
Seconded by Trustee Muscarella and adopted by a full vote in the affirmative.
BOARD APPROVED AN AGREEMENT BETWEEN THE VILLAGE OF KENMORE AND ERIE COUNTY PERTAINING TO THE 2008-2010 STOP-DWI.
Trustee Muscarella moved to approve an agreement between the Village of Kenmore and Erie County pertaining to the 2008-2010 Stop-DWI program and authorize the Mayor to sign.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.
BOARD APPROVED AND GRANTED PERMISSION TO POLICE OFFICER JO-ANNE KANE TO ATTEND A SEMINAR ENTITLED “LINE OF DUTY DEATH”.
Trustee Bestine moved to approve and grant permission to Police Officer Jo-Anne Kane to attend a seminar entitled “Line of Duty Death” on October 18-19, 2008 in Buffalo, with expenses.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.
- 8 - September 2, 2008
BOARD APPROVED AND GRANTED PERMISSION TO ASSISTANT POLICE CHIEF PETER BREITNAUER TO ATTEND A HOMICIDE SEMINAR.
Trustee McCarthy moved to approve and grant permission to Assistant Police Chief Peter Breitnauer to attend a Homicide Seminar on September 20-25, 2008 in Albany, with expenses.
Seconded by Trustee Muscarella and adopted by a full vote in the affirmative.
ABSTRACT OF AUDITED VOUCHERS.
Trustee Bestine offered the following resolution and moved its adoption:
RESOLVED, that the Mayor be and he hereby is authorized to sign the Abstract of Audited Vouchers dated September 2, 2008, in the amount of $294,906.93; General Fund $226,144.31; Community Development $10,213.25; Water Fund $54,678.99; Sewer Fund $3,870.38 and to direct the Treasurer to pay each of the listed claimants in the amount appearing opposite his/her name.
Seconded by Trustee Muscarella and adopted by a full vote in the affirmative.
- 9 - September 2, 2008
INVITATION FOR PUBLIC COMMENT/QUESTIONS
Mayor Mang asked if any one wished to be heard.
As no one wished to speak, the meeting was adjourned.
The next meeting of the Board of Trustees will be September 16, 2008 at 8:00 p.m. at the Municipal Building.
Kathleen P. Johnson, Esq.
Village Clerk/Treasurer