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Village of Kenmore
2919 Delaware Avenue
Kenmore, NY 14217
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(716) 873-5700
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(716) 873-0004

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EXECUTIVE SESSION

 

 

Board of Trustees                                                                                 Municipal Building

Village of Kenmore                                                                               December 2, 2008

 

PRESENT:       Hon. Patrick Mang                                                       Mayor

Hon. Salvatore Muscarella                                            Trustee

Hon. R. Timothy McCarthy                                            Trustee

Hon. Paul Catalano                                                     Trustee

           

ABSENT:        Hon. Katherine Bestine                                                 Trustee

 

 

EXECUTIVE SESSION TO DISCUSS THREE PERSONNEL, ONE LITIGATION AND ONE FINANCIAL MATTER.

 

            Trustee Catalano moved to go into Executive Session to discuss three personnel, one litigation and one financial matter.

            Seconded by Trustee Muscarella 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

ANNUAL MEETING

 

 

Board of Trustees                                                                     Municipal Building

Village of Kenmore                                                                   December 2, 2008

 

 

PRESENT:       Hon. Patrick Mang                                                       Mayor

                    Hon. Salvatore C. Muscarella                                        Trustee

                    Hon. R. Timothy McCarthy                                            Trustee

                    Hon. Paul Catalano                                                     Trustee

 

ABSENT:        Hon. Katherine Bestine                                                 Trustee

 

The meeting was called to order at 8:00 p.m. by Mayor Mang.  Mayor Mang led the Pledge of Allegiance.

 

BOARD APPROVED THE VILLAGE BOARD RULES OF PROCEDURE.

 

            Trustee Muscarella offered the following resolution covering Village Board Rules of Procedure and moved its adoption:

RULES FOR PREPARATION OF AGENDAS FOR PUBLIC BOARD MEETINGS AND FOR AUDITING VOUCHERS.

 

1.         Meeting Agendas will be delivered to the homes of Board Members late afternoon on the Friday prior to the regular public Board Meeting.

 

2.         Trustees and Department Supervisors wishing to have items included on such agendas must submit them to the Village Clerk-Treasurer no later than 2:00 p.m. on the Friday prior to the regular public Board Meeting.

 

3.         Additional agenda items not submitted in accordance with No. 2 above may be added on the meeting day with the approval of three members of the Board of Trustees.

 

4.         (a) Each Trustee is obligated to audit the vouchers at his or her own leisure prior to the public Board Meeting at which they are to be approved for payment.

 

            (b) The Village Clerk-Treasurer will have such vouchers available for audit by Board Members in the Mayor's Office no later than 2:00 p.m. of the day of the public Board Meeting.

                                                            - 2 -                                         December 2, 2008                                          

PUBLIC BOARD MEETING RULES OF PROCEDURE

 

1.         Trustees or audience members will be permitted to speak when recognized by the Mayor, or in his absence, the Deputy Mayor.

 

2.         Discussion or debate of Agenda items will begin only after a motion has           been made and seconded.  The Order of Recognition for speaking on a "question" for Trustees shall be in the same order of roll call voting, except that the Trustee who introduces the motion shall be given the first privilege of the floor.  No Trustee shall be permitted to speak on a “question” after it has been voted on except to change his or her vote prior to the vote result being announced.

 

3.         The Order of Roll Call voting shall be as follows:

 

                        Trustee Salvatore C. Muscarella

                        Trustee Katherine Bestine

                        Trustee R. Timothy McCarthy

                        Trustee Paul Catalano

 

4.         Constructive audience input will continue to be invited prior to submitting the motion to a vote by the Board of Trustees.  Questions, for clarification purposes, will also be permitted from audience members prior to such vote being taken. Upon conclusion of audience comments and discussion, the Board of Trustees will proceed with final disposition.

 

 

PROCEDURES FOR CONVENING AND CONDUCTING NON-REGULARLY SCHEDULED VILLAGE BOARD MEETINGS

 

            Special non-regularly scheduled meetings of the Board of Trustees may be called by the Mayor or by any three Trustees by causing a written notice specifying the time and place thereof to be served upon each member of the Board personally at least two hours in advance, or by leaving a notice at his residence or place of business with some person of suitable age and discretion at least 24 hours before the time of the meeting or by making such notice at least 72 hours before such meeting, and that all such meetings shall be in conformance with the requirements of New York State's Open Meeting Law, Rules and Regulations.

 

            Seconded by Trustee McCarthy and adopted by a full vote of all members present.

 

 

 

 

                                                            - 3 -                                         December 2, 2008

 

 

BOARD APPROVED MAYORAL APPOINTMENTS TO VARIOUS POSITIONS FOR ONE-YEAR TERMS TO EXPIRE DECEMBER 7, 2009.

 

            Trustee McCarthy moved to approve the Mayoral one-year appointments of the following persons:

                        Village Attorney/Deputy Prosecuting                 Daniel Novak, Esq.

                        Prosecuting/Deputy Attorney                            Eugene P. Adams, Esq.

                        Legal Liaison                                                    Kathleen P. Johnson, Esq.

                        Acting Justice                                                   Tracey Bannister, Esq.

                        Registrar                                                           Kathleen P. Johnson, Esq.

                        Deputy Registrar                                               Gail Higgins

                        Sub Registrar                                                    Grace Streicher                                                Deputy Clerk                                                    Gail Higgins

                        Village Historian                                               Edward Adamczyk

                        Community Development Coordinator  Susan Howley

Seconded by Trustee Catalano and adopted by a full vote of all members present.

Mayor Mang introduced Eugene P. Adams, Esq. to the Board and gallery.

                                                           

 

 

 

 

 

- 4 -                                         December 2, 2008

 

BOARD APPROVED THE MAYORAL TRUSTEE APPOINTMENTS TO VARIOUS POSITIONS.                                                                                   

 

            Trustee Catalano moved to approve the following Mayoral appointments of Trustees:

            Deputy Mayor                                                              Trustee Muscarella

            Water & Sanitation/Sewer Commissioner                      Trustee McCarthy

            Public Works & Public Utilities Commissioner   Trustee McCarthy

            Commissioner of Administration & Finance                   Trustee Bestine

            Deputy Police/Juvenile Aid Bureau Commissioner         Trustee Catalano

            Deputy Fire Commissioner                                            Trustee Muscarella

            Community Development Commissioner                       Trustee McCarthy

            Commissioner of Kenmore Community Center  Trustee Muscarella

            Building Department Liaison                                          Trustee Catalano

            Housing Authority Liaison                                             Trustee Bestine                                    

            Seconded by Trustee Muscarella and adopted by a full vote of all members present.

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                            - 5 -                                         December 2, 2008

 

 

BOARD APPROVED THE MAYORAL APPOINTMENTS OF TRUSTEES TO VILLAGE BOARD COMMITTEES.

 

            Trustee McCarthy moved to approve the following Mayoral appointments of Trustees to various Village Board committees:

            Insurance                                  Trustee Muscarella & Trustee Catalano

            Tax & Property                       All Board Members

            Grievance Committee  Trustee Bestine & Trustee McCarthy   

            Capital Expenditures                 Trustee Bestine & Trustee McCarthy

            Negotiating Committee             Trustee Muscarella & Trustee Catalano

            Seconded by Trustee Catalano and adopted by a full vote of all members present.

 

 

 

BOARD APPROVED THE DESIGNATION OF TIME AND PLACE OF BOARD MEETINGS.

 

            Trustee Muscarella moved to approve the designation of the time and place of Village Board Meetings as the first and third Tuesday of each month, with the exception of meetings which fall on holidays where Village offices are closed.  The meetings will be held at 8:00 p.m. in the Council Chambers, in the Municipal Building.

            Seconded by Trustee Catalano and adopted by a full vote of all members present.

 

 

 

 

 

 

 

 

 

 

                                                            - 6 -                                         December 4, 2007

 

 

BOARD APPROVED THE DESIGNATION OF FIRST NIAGARA COMMERCIAL BANK AS THE OFFICIAL DEPOSITORY FOR THE VILLAGE OF KENMORE.

 

            Trustee Muscarella moved to approve First Niagara Commercial Bank to be designated the official depository for the Village of Kenmore for the remainder of Fiscal Year 2008-2009, and for Fiscal Year 2009-2010 through December 7, 2009.

            Seconded by Trustee McCarthy and adopted by a full vote of all members present.

 

 

 

BOARD APPROVED THE INVESTMENT POLICY FOR THE VILLAGE TREASURER FOR THE REMAINDER OF THE 2008-2009 FISCAL YEAR AND FOR FISCAL YEAR 2009-2010 THROUGH DECEMBER 7, 2009.

 

Trustee McCarthy offered the following resolution and moved its adoption:

 

            WHEREAS, the Village of Kenmore in the course of the next fiscal year will have funds not immediately needed for the purposes of the Village, and

 

            WHEREAS, such funds may be temporarily invested in order to obtain interest thereon, which interest can be used for the benefit of the Village of Kenmore, and

 

            WHEREAS, the General Municipal Law Section 11 authorizes the Board of

 Trustees of the Village to authorize the Treasurer to temporarily invest such idle funds,

 

            NOW, THEREFORE BE IT

 

            RESOLVED, that the Treasurer of the Village of Kenmore is hereby authorized and directed to invest the funds of the Village of Kenmore which are presently on hand and which will hereafter come into his hands and which in his opinion, are not immediately needed for purposes of the Village of Kenmore in Treasury Bills, Certificates of Deposit and Money Market (N.O.W.) accounts authorized to do business in New York State, and be it further

 

 

 

 

 

 

 

                                                            - 7 -                                         December 4, 2007

 

            RESOLVED, that all investments shall be fully secured by insurance of the Federal Deposit Insurance Corporation or by obligations of New York State or obligations of the United States or obligations of federal agencies the principal and interest of which are guaranteed by the United States, or obligations of New York State local governments.  Collateral shall be delivered to the Local Government or a Custodial Bank with which the

Local Government has entered into a Custodial Agreement.  The market value of collateral shall at all times equal or exceed the principal amount of the certificate of deposit, and be it further

           

            RESOLVED, that within sixty (60) days of the end of each of the four quarters of the fiscal year, the Clerk-Treasurer shall prepare and submit to the Board of Trustees a quarterly investment report which indicates new investments, the inventory of existing investments, and such other matters as the chief fiscal officer deems appropriate.

 

            Seconded by Trustee Catalano and adopted by a full vote of all members present.

 

 

BOARD AUTHORIZED THE CLERK/TREASURER TO SELECT AND EMPOWER PAYING AGENTS TO DESTROY PAID MUNICIPAL OBLIGATIONS.

 

            Trustee Muscarella offered the following resolution and moved its adoption:

 

            RESOLVED, that the Village Clerk-Treasurer be and she hereby is authorized to select and empower various paying agents from time to time to destroy evidences of paid municipal obligations which have been duly canceled, such destruction and cancellation to be carried out pursuant to the applicable regulations of the Office of the State Comptroller.

 

            Seconded by McCarthy and adopted by a full vote of all members present.

 

 

BOARD AUTHORIZED THE CLERK/TREASURER TO SELECT AND EMPOWER PAYING AGENTS TO DESTROY PAID MUNICIPAL OBLIGATIONS.

 

            Trustee Muscarella offered the following resolution and moved its adoption:

 

            RESOLVED, that the Village Clerk-Treasurer be and she hereby is authorized to select and empower various paying agents from time to time to destroy evidences of paid municipal obligations which have been duly canceled, such destruction and cancellation to be carried out pursuant to the applicable regulations of the Office of the State Comptroller.

 

            Seconded by Trustee McCarthy and adopted by a full vote of all members present.

 

                                                            - 8 -                                         December 2, 2008

 

BOARD TO ISSUE ADVANCE APPROVAL OF CLAIMS FOR CERTAIN RECURRING CHARGES.

                                                      

            Trustee Catalano offered the following resolution and moved its adoption:

 

            WHEREAS, Section 5-524(6) of the Village Law provides the Board of Trustees may, by resolution, authorize payment in advance of audit of claims for certain recurring charges such as public utility services, postage, freight and express charges and obligations for contracts and agreements that have been approved by the Board,

 

            NOW, THEREFORE BE IT

 

            RESOLVED, that the Board of Trustees does hereby authorize payment in advance of audit of claims for certain recurring charges and empower the Clerk-Treasurer to process payment to the appropriate claimants.

 

            Seconded by Trustee Muscarella and adopted by a full vote of all members present.

 

 

BOARD GRANTED AUTHORIZATION TO PURCHASE ON STATE AND COUNTY CONTRACTS.                                                                                                           

             Trustee Muscarella moved that the Village Board authorize the Village of Kenmore to purchase on State and County contracts for the remainder of fiscal year 2008-2009 and for fiscal year 2009-2010, through December 7, 2009.

            Seconded by Trustee McCarthy and adopted by a full vote of all members present.

 

 

BOARD APPROVED THE DESIGNATION OF THE KEN-TON BEE AND TONAWANDA NEWS/KEN-TON RECORD ADVERTISER AS THE OFFICIAL NEWSPAPERS FOR THE VILLAGE OF KENMORE

           

            Trustee Catalano moved that the Ken-Ton Bee and the Tonawanda News/Ken-Ton Record Advertiser be designated as official newspapers for the Village of Kenmore.

            Seconded by Trustee McCarthy and adopted by a full vote of all members present.

 

 

 

 

                                                            - 9 -                                         December 2, 2008

 

 

 

BOARD GRANTED APPROVAL FOR VILLAGE OFFICIALS TO ATTEND OFFICIAL MEETINGS OF VARIOUS ASSOCIATIONS, CONFERENCES, SEMINARS AND SCHOOLS

            Trustee Muscarella moved that village officials be authorized to attend various official meetings in Erie County Village Officials Association, Municipal Administrative Officers Association of Erie County, Association of Erie County Governments, Niagara Frontier Building Inspectors Association, Erie County Association of Town Superintendents

of Highway, NYS Conference of Mayors and NYS Government Finance Officer meetings, conferences, seminars and schools during the remainder of Fiscal Year 2008-2009 and for Fiscal Year 2009-2010 through December 7, 2009, with expenses.

            Seconded by Trustee McCarthy and adopted by a full vote of all members present.

 

 

 

BOARD CONDUCTED A HEARING PERTAINING TO LOCAL LAW # 5 OF 2008 ENTITLED “COLD WAR VETERAN’S EXEMPTIONS UNDER THE TAX LAW”.

 

            The Clerk advised that this was the time and place to conduct a hearing pertaining to Local Law #5 of 2008 entitled “Cold War Veteran’s Exemptions Under the Tax Law”. 

            Trustee McCarthy moved to open a hearing pertaining  

Seconded by Trustee Muscarella and adopted by a full vote of all members present.

Clerk/Treasurer Kathleen P. Johnson read the Legal Notice, which summarized the Local Law.

            The Mayor asked if anyone had questions or comments.  There were none.

                                                            - 10 -                                       December 2, 2008

Trustee McCarthy moved to close the hearing.

            Seconded by Trustee Catalano and adopted by a full vote of all members present.

 

BOARD APPROVED LOCAL LAW #5 OF 2008 ENTITLED “COLD WAR VETERAN’S EXEMPTIONS UNDER THE TAX LAW”.

 

Trustee Muscarella moved to approve Local Law #5 of 2008 entitled “Cold War Veteran’s Exemptions Under the Tax Law”, a copy of which is appended to these minutes for record purposes.

Seconded by Trustee McCarthy.

A Roll Call Vote was taken as follows:

            Trustee Muscarella                   Voting              Aye

            Trustee McCarthy                     Voting              Aye

            Trustee Catalano                     Voting              Aye

 

 

 

BOARD APPROVED THE APPOINTMENT OF MARK BELIS AS A MEMBER FOR THE ZONING BOARD OF APPEALS.

 

            Trustee Catalano moved to approve the appointment of Mark Belis of 91 Palmer Avenue as a member of the Zoning Board of Appeals with a term to expire June 1, 2010.

            Seconded by Trustee Muscarella and adopted by a full vote of all members present.

 

 

 

                                                            - 11 -                                       December 2, 2008

 

ABSTRACT OF AUDITED VOUCHERS.

 

            Trustee Muscarella 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 December 2, 2008, in the amount of $834,229.79; General Fund $826,929.08; Community Development $255.00; Water Fund $3,865.20; Sewer Fund $3,180.51 and to direct the Treasurer to pay each of the listed claimants in the amount appearing opposite his/her name.

Seconded by Trustee Catalano and adopted by a full vote in the affirmative.

           

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 December 16, 2008 at 8:00 p.m. at the Municipal Building.

 

 

 

                                                                                                Kathleen P. Johnson, Esq.

                                                                                                Village Clerk/Treasurer

 

 

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