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


Board of Trustees                            Municipal Building
Village of Kenmore                            December 1, 2009

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 PERSONNEL AND ONE FINANCIAL MATTER.

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

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

    Trustee Bestine moved to end the executive Session.

    Seconded by Trustee Catalano 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 1, 2009


PRESENT:    Hon. Patrick Mang                    Mayor
        Hon. Salvatore C. 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 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.
                
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


    Trustee McCarthy moved to approve 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 Bestine and adopted by a full vote of all members present.



BOARD APPROVED THE MAYORAL APPOINTMENT OF KATHLEEN P. JOHNSON AS CLERK/TREASURER FOR A TWO-YEAR TERM.

    Trustee Muscarella moved to approve the Mayoral appointment of Kathleen P. Johnson as Clerk/Treasurer for a two-year to term to expire December 1, 2011.

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



BOARD APPROVED MAYORAL APPOINTMENTS TO VARIOUS POSITIONS FOR ONE-YEAR TERMS TO EXPIRE DECEMBER 1, 2010.


    Trustee Muscarella moved to approve the Mayoral one-year appointments of the following persons:
        Village Deputy/Prosecuting Attorney        Daniel Novak, Esq.
        Prosecuting/Deputy Attorney            Eugene P. Adams, Esq.
        Legal Liaison                    Kathleen P. Johnson, Esq.
        Acting Justice                    Denis Uminski
        Registrar                    Kathleen P. Johnson, Esq.
        Deputy Registrar                Gail Higgins
        Sub Registrar                    Grace Streicher                
        Deputy Clerk                    Gail Higgins
        Village Historian                Edward Adamczyk

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

    Mayor Mang recognized Mr. Adamczyk and introduced him to the gallery.
                    

BOARD APPROVED THE MAYORAL TRUSTEE APPOINTMENTS TO VARIOUS POSITIONS.

    Trustee Bestine moved to approve the following Mayoral appointments of Trustees:
    Deputy Mayor                        Trustee McCarthy
    Water & Sanitation/Sewer Commissioner            Trustee Muscarella
    Public Works & Public Utilities Commissioner        Trustee Muscarella
    Commissioner of Administration & Finance        Trustee Bestine
    Deputy Police/Juvenile Aid Bureau Commissioner        Trustee Catalano
    Deputy Fire Commissioner                Trustee Bestine
    Community Development Commissioner            Trustee McCarthy
    Commissioner of Kenmore Community Center        Trustee Bestine
    Building Department Liaison                Trustee Catalano
    Housing Authority Liaison                Trustee Muscarella
                
    Seconded by Trustee Catalano and adopted by a full vote of all members present.



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 Bestine
    Tax & Property            All Board Members
    Grievance Committee        Trustee Muscarella & Trustee McCarthy    
    Capital Expenditures         Trustee Muscarella & Trustee Catalano
    Negotiating Committee        Trustee Catalano & Trustee McCarthy

    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 Bestine and adopted by a full vote of all members present.



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


    Trustee McCarthy moved to approve First Niagara Commercial Bank to be designated the official depository for the Village of Kenmore for the remainder of Fiscal Year 2009-2010, and for Fiscal Year 2010-2011 through December 1, 2010.

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



BOARD APPROVED THE INVESTMENT POLICY FOR THE VILLAGE TREASURER FOR THE REMAINDER OF THE 2009-2010 FISCAL YEAR AND FOR FISCAL YEAR 2010-2011 THROUGH DECEMBER 1, 2010.

Trustee Muscarella 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

    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 Bestine 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 Catalano 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 TO ISSUE ADVANCE APPROVAL OF CLAIMS FOR CERTAIN RECURRING CHARGES.
                                               
    Trustee Bestine 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 McCarthy 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 2009-2010 and for fiscal year 2010-2011, through December 1, 2010.

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



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 2009-2010 and for Fiscal Year 2010-2011 through December 1, 2010, with expenses.

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



BOARD APPROVED THE APPOINTMENT OF DAVE LEWANDOWSKI AS DETECTIVE FOR THE KENMORE POLICE DEPARTMENT.

    Trustee Catalano moved to approve the appointment of Dave Lewandowski as a Detective for the Kenmore Police Department effective December 21, 2009 at a salary of $69,871.

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

    Mayor Mang introduced Detective Lewandowski to the gallery and extended his congratulations to the newly appointed Detective.



BOARD APPROVED THE APPOINTMENT OF DAVE LEWANDOWSKI AS A COURT OFFICER FOR THE KENMORE POLICE DEPARTMENT.

    Trustee Muscarella moved to approve the appointment of Dave Lewandowski as a Court Officer for the Kenmore Justice Court effective December 21, 2009.

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

    Mayor Mang again congratulated and thanked Detective Lewandowski for his service to the Village of Kenmore.



BOARD APPROVED AND GRANTED PERMISSION TOA POLICE LIEUTENANT AND THREE POLICE OFFICERS TO ATTEND A SEMINAR.


    Trustee McCarthy moved to approve and grant permission to Police Lieutenant Sheila Kirsch, and Police Officers Joanne Kane, Daniel Vitale and Michael Landis to attend a training seminar entitled “Domestic Violence – Substance Use and Mental Health Issues”, on December 15, 2009 at the Erie County Central Police Services Training Academy, with expenses.

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



BOARD APPROVED AND GRANTED PERMISSION TO THE BUILDING INSPECTOR TO ATTEND A WORKSHOP.

    Trustee Muscarella moved to approve and grant permission to Building Inspector Michael Berns to attend a workshop entitled “Erosion & Sediment Control Workshop For WNYSCMS4 Representatives”, on December 10, 2009, with expenses.

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



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 1, 2009, in the amount of $858,945.22; General Fund $812,654.55; Community Development $375.00; Water Fund $41,911.10; Sewer Fund $4,004.57 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


    A moment of silence was observed for four Police Officers killed.

    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 15, 2009 at 8:00 p.m. at the Municipal Building.






Kathleen P. Johnson, Esq.
Village Clerk/Treasurer

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