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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 21, 2010

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 FINANCIAL, ONE LEGAL, ONE CONTRACTUALUAL AND THREE PERSONNEL MATTERS.            

Trustee Catalano moved to go into Executive Session to discuss one financial, one legal, one contractual and three personnel matters.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.

Trustee McCarthy moved to end the Executive Session.
Seconded by Trustee Bestine 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                            December 21, 2010

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 APPROVED THE LIST OF UNPAID TAXES FOR FISCAL YEAR
2010-2011. 
                                           

Trustee Muscarella moved to approve the list of unpaid taxes for fiscal year 2010-2011 and directing the Clerk/Treasurer to forward said list to Erie County for inclusion in the county 2011 tax.  A copy of which is appended to these minutes for record purposes.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.


BOARD APPROVED AN AGREEMENT BETWEEN STOHL ENVIRONMENTAL, LLC AND THE VILLAGE OF KENMORE.                        

Trustee Muscarella moved to approve an agreement for lead-based paint testing for the Community Development Block Grant Program between Stohl Environmental, LLC and the Village of Kenmore, a copy of which is appended to these minutes for record purposes.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.
    

BOARD APPROVED THE APPOINTMENT AMANDA BAKER AS AN ACTIVE MEMBER OF THE KENMORE VOLUNTEER FIRE DEPARTMENT.        

Trustee Bestine moved to approve the appointment of Amanda Baker of 352 Stillwell Avenue, Kenmore, as an active member of the Kenmore Volunteer Fire Department.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.
    

BOARD APPROVED OUT OF DISTRICT RESIDENCE FOR A VOLUNTEER FIRE FIGHTER.                                        

Trustee Bestine moved to approve the out of district residence for Volunteer Firefighter Jeffrey Koch of 102 Ridgewood of the Town of Amherst.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.


BOARD APPROVED THE APPOINTMENT OF A SEASONAL LABORER FOR THE DEPARTMENT OF PUBLIC WORKS.                        

Trustee Muscarella moved to approve the appointment of Steven Salay of 103 North End Avenue, Kenmore, as a seasonal laborer for the Department of Public Works, effective January 3, 2011.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.
    

BOARD APPROVED A RESOLUTION REGARDING THE ISSUANCE OF BONDS.                                            

Trustee Bestine moved to approve a resolution authorizing the Clerk/Treasurer to issue bonds in an aggregate principal amount not to exceed $320,000.00, a copy of which is appended to these minutes for record purposes.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.


BOARD APPROVED A RESOLUTION PERTAINING TO A CHARGE OF MISCONDUCT UNDER SECTION 75 OF THE CIVIL SERVICE LAW.        

Trustee Catalano moved to approve a resolution pertaining to a charge of misconduct under section 75 of the Civil Service Law and appointing a hearing officer to review.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.


ABSTRACT OF AUDITED VOUCHERS.                        

Trustee McCarthy 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 21, 2010, in the amount of $279,539.10; General Fund $105,285.30; Community Development $575.00; Water Fund $83,431.96; Sewer Fund $90,246.84 and to direct the Treasurer to pay each of the listed claimants in the amount appearing opposite his/her name.
Seconded by Trustee Bestine 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 else wished to be heard, the meeting was adjourned.
Mayor Mang wished happy holidays to all in attendance.
The next meeting of the Board of Trustees will be January 4, 2011 at 8:00 p.m. at the Municipal Building.

Kathleen P. Johnson, Esq.
Village Clerk/Treasurer
EXECUTIVE SESSION


Board of Trustees                            Municipal Building
Village of Kenmore                            December 7, 2010

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 FIVE PERSONNEL, ONE CONTRACTUAL AND ONE FINANCIAL MATTER.                    

Trustee McCarthy moved to go into Executive Session to discuss five personnel, one contractual and one financial matter.
Seconded by Trustee Muscarella and adopted by a full vote in the affirmative.

Trustee McCarthy 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 07, 2010


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 McCarthy 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 MAYORAL APPOINTMENTS TO VARIOUS POSITIONS FOR ONE-YEAR TERMS TO EXPIRE DECEMBER 1, 2011.                

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

Village Attorney/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                                          Teresa Cotton                    
Deputy Clerk                                          Gail Higgins
Village Historian                                       Edward Adamczyk

Seconded by Trustee Muscarella and adopted by a full vote of all members present.
Mayor Mang recognized the Village Historian Mr. Adamczyk as the “unofficial Village Ambassador” and thanked him for his articals about Kenmore and for all his efforts in promoting the Village.


BOARD APPROVED THE MAYORAL TRUSTEE APPOINTMENTS TO VARIOUS POSITIONS.                                    

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

Deputy Mayor                                                         Trustee McCarthy
Water & Sanitation/Sewer Commissioner                     Trustee Catalano
Public Works & Public Utilities Commissioner                  Trustee Catalano
Commissioner of Administration & Finance                    Trustee McCarthy
Deputy Police/Juvenile Aid Bureau Commissioner           Trustee Catalano
Deputy Fire Commissioner                                         Trustee McCarthy
Community Development Commissioner                      Trustee Bestine
Commissioner of Kenmore Community Center              Trustee Muscarella
Building Department Liaison                                       Trustee Muscarella
Housing Authority Liaison                                          Trustee Bestine
                
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 Bestine moved to approve the following Mayoral appointments of Trustees to various Village Board committees:

Insurance                           Trustee McCarthy & Trustee Bestine
Tax & Property                    All Board Members
Grievance Committee           Trustee Catalano & Trustee Bestine    
Capital Expenditures             Trustee Bestine & Trustee Muscarella
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 McCarthy 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 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 2010-2011, and for Fiscal Year 2011-2012 through December 1, 2011.
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 2010-2011 FISCAL YEAR AND FOR FISCAL YEAR 2011-2012 THROUGH DECEMBER 1, 2011.

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


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 Bestine 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 2010-2011 and for fiscal year 2011-2012, through December 1, 2011.
Seconded by Trustee Bestine 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 2010-2011 and for Fiscal Year 2011-2012 through December 1, 2011, with expenses.
Seconded by Trustee Bestine and adopted by a full vote of all members present.


BOARD APPROVED A RESOLUTION REGARDING COUNTY FUNDING FOR THE HEALTH DEPARTMENT VECTOR PROGRAM.                

Trustee Muscarella moved to approve a resolution in support of maintaining county funding for the Health Department Vector Program.  A copy of which is appended to these minutes for record purposes.
Seconded by Trustee Muscarella and adopted by a full vote in the affirmative.
    

BOARD APPROVED AND GRANTED PERMISSION FOR TWELVE MEMBERS OF THE KENMORE VOLUNTEER FIRE DEPARTMENT TO ATTEND A TRAINING SEMINAR.                            

Trustee Catalano moved to approve and grant permission for twelve members of the Kenmore Volunteer Fire Department to attend a training seminar on December 15, 2010, in Grand Island, with expenses.
Seconded by Trustee Bestine 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 December 1, 2009, in the amount of $1,155,641.88; General Fund $1,140,296.46; Community Development $2,565.00; Water Fund $5,295.61; Sewer Fund $7,484.81 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.
    

INVITATION FOR PUBLIC COMMENT/QUESTIONS                


A moment of silence was observed for Pearl Harbor.
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 21, 2010 at 8:00 p.m. at the Municipal Building.


Kathleen P. Johnson, Esq.
Village Clerk/Treasurer
EXECUTIVE SESSION


Board of Trustees                            Municipal Building
Village of Kenmore                            November 2, 2010

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, TWO LITIGATION, AND TWO CONTRACTUAL MATTERS.                        

Trustee McCarthy moved to go into Executive Session to discuss one personnel, two litigation, and two contractual matters.
Seconded by Trustee Muscarella and adopted by a full vote in the affirmative.

Trustee McCarthy 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


Board of Trustees                            Municipal Building
Village of Kenmore                            November 2, 2010

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 APPROVED A MEMORANDUM OF AGREEMENT BETWEEN THE VILLAGE OF KENMORE AND THE WESTERN NEW YORK STORMWATER COALITION.                                            

Trustee Muscarella moved to approve a Memorandum of Agreement between the Village of Kenmore and the Western New York Stormwater Coalition.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.


BOARD APPROVED THE CANCELLATION OF A SIGN BOND FOR 3020 DELAWARE AVENUE.                                    

Trustee Bestine moved to approve the cancellation of a sign bond for Malone’s, located at 3020 Delaware Avenue in Kenmore.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.

    
BOARD APPROVED THE APPOINTMENT OF MICHAEL BERNS AS A PROBATIONARY FULL-TIME BUILDING INSPECTOR.                

Trustee Muscarella moved to approve the appointment of Michael Berns as a probationary full-time Building Inspector for the Village of Kenmore.    
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.


BOARD APPROVED THE APPOINTMENT OF KARIN FRANCO AS A PART-TIME PUBLIC SAFETY DISPATCHER FOR THE KENMORE POLICE DEPARTMENT, EFFECTIVE NOVEMBER 3, 2010.                    

Trustee Bestine moved to approve the appointment of Karin Franco of 252 Crescent Avenue, Buffalo as a part-time Public Safety Dispatcher for the Kenmore Police Department, at the pay rate of $12.99 per hour, effective November 3, 2010.
Seconded by Trustee Muscarella and adopted by a full vote in the affirmative.


BOARD APPROVED A BID AND AWARDED A BID FOR THE REPAIR OF THE KENMORE FIRE DEPARTMENT ROOF TO SAHLEM’S ROOFING AND SIDING, INC.                                        

Trustee Bestine moved to approve and award a bid for the roof repair of the Kenmore Fire Department to Sahlem’s Roofing & Siding, Inc., the lowest qualified bidder at $15,600.00.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.

    
BOARD APPROVED AND GRANTED PERMISSION THREE FIREFIGHTERS TO ATTEND A CLASS.                                    

Trustee Muscarella moved to approve and grant permission to Senior Firefighter Richard Maisano and Fire Fighter Kenneth Butkowski II to attend a Code Update class on November 3, 2010 and firefighter Robert Moreland to attend on November 4, 2010, at the Erie County Fire Training Academy, with expenses.
Seconded by Trustee Bestine 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 November 2, 2010, in the amount of $550,327.40; General Fund $464,854.12; Water Fund $50,503.08; Sewer Fund $34,285.20 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.

    
INVITATION FOR PUBLIC COMMENT/QUESTIONS            

Mayor Mang asked if any one wished to be heard.
As no one else wished to be heard, the meeting was adjourned.
The next meeting of the Board of Trustees will be November 16, 2010 at 8:00 p.m. at the Municipal Building.

Kathleen P. Johnson, Esq.
Village Clerk/Treasurer
EXECUTIVE SESSION


Board of Trustees                            Municipal Building
Village of Kenmore                            November 16, 2010

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, TWO PERSONNEL, THREE LITIGATION, TWO FINANCIAL AND TWO CONTRACTUAL MATTERS.    

Trustee McCarthy moved to go into Executive Session to discuss two personnel, three litigation, two financial and two contractual matters.
Seconded by Trustee Muscarella and adopted by a full vote in the affirmative.

Trustee McCarthy 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


Board of Trustees                            Municipal Building
Village of Kenmore                            November 16, 2010

PRESENT: Hon. Patrick Mang                      Mayor
              Hon. Salvatore 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 A RESOLUTION REGARDING MUNICIPAL PARKING LOTS.                                                

Trustee Muscarella moved to approve a resolution regarding Municipal Parking Lots, a copy of which is appended to these minutes for record purposes
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.


BOARD APPROVED AN AGREEMENT REGARDING THE SENIOR NUTRITION PROGRAM FOR 2011.                            

Trustee Catalano moved to approve an agreement regarding the Senior Nutrition Program for 2011 between the Village of Kenmore and Erie County.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.


BOARD APPROVED THE APPOINTMENT OF DAVID A DUDKIEWICZ TO THE EXAMINING BOARD OF PLUMBERS.                        

Trustee Muscarella moved to approve the appointment of David A Dudkiewicz of 424 Woodgate Road, Tonawanda, to the Examining Board of Plumbers for a three year term to expire December 2013.    
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 November 16, 2010, in the amount of $602,239.99; General Fund $443,213.66; Water Fund $41,055.88; Sewer Fund $117,970.45 and to direct the Treasurer to pay each of the listed claimants in the amount appearing opposite his/her name.
Seconded by Trustee McCarthy 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 else wished to be heard, the meeting was adjourned.
The next meeting of the Board of Trustees will be December 7, 2010 at 8:00 p.m. at the Municipal Building.

Kathleen P. Johnson, Esq.
Village Clerk/Treasurer
EXECUTIVE SESSION


Board of Trustees                            Municipal Building
Village of Kenmore                            October 19, 2010

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, TWO LITIGATION, AND TWO CONTRACTUAL MATTERS.                        

Trustee McCarthy moved to go into Executive Session to discuss one personnel, two litigation, and two contractual matters.
Seconded by Trustee Muscarella and adopted by a full vote in the affirmative.

Trustee McCarthy 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


Board of Trustees                            Municipal Building
Village of Kenmore                            October 19, 2010

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 LOCAL LAW #9 OF 2010, ENTITLED “MUNICIPAL PARKING LOTS.”                        

The Clerk advised that this was the time and place to conduct a hearing pertaining to Local Law #9 of 2010, entitled “Municipal Parking Lots.”
Trustee McCarthy moved to open a hearing pertaining to Local Law #9 of 2010.    
Seconded by Trustee Muscarella and adopted by a full vote in the affirmative.
Clerk/Treasurer Kathleen P. Johnson read the Local Law in its entirety.  

The Mayor asked if anyone had questions or comments.

Jim Ronan wanted the hours clarified for parking with a permit.  Mr. Ronan was informed that the hours would be 8 p.m. – 8 a.m.

Paul Billoni of 220 Euclid Avenue questioned what prompted this law.
Mayor Mang answered that the Comprehensive Plan and its implementing legislation encourages mixed use and the Planning Board is also looking to promote mixed use.  The American Planning Association award is based in part on mixed use concept.

Mr. Billoni wanted to know if there was a permit issued for the three new apartments that were just built in the Dollar General building.
The answer was yes.    

Mr. Billoni stated that if the building was residential, 1.5 parking spots are required for each unit.  He questions how a permit issued without parking spots being available.
Building Inspector Michael Berns stated that the 1.5 parking spots regulation applies to the residential districts.  This is a residential unit located in the restricted business district which is allowed under our code.

Mr. Billoni thinks it is for all residential properties, even if located in a business district.  Mr. Billoni also questioned what the objective is.  He questions why the Village would be encouraging more apartments.
Mayor Mang answered that this law will promote mixed use and walking traffic.  This is being considered in order to promote mixed use development  Without parking availability it would be difficult to promote mixed use in the business district.

Mr. Billoni questioned where the spots would be.
Mayor Mang stated that we are looking at the property located behind the banks – the municipal lot located between Lincoln Boulevard and Mang Avenue.

Mr. Billoni questioned how the lots would be plowed.
Mayor Mang answered that the lots will be plowed by the Department of Public Works.  He noted that the Kenmore Police Department, the Department of Public Works, and the Kenmore Volunteer Fire Department have all been consulted and had no objections to the law being passed.

Mr. Billoni asked what Trustee Catalano thinks of the idea.
Trustee Catalano stated that he believes it helps to promote a walkable community which in turn helps business.  He added that a parking study was done and it showed no adverse impact on business.  He feels businesses will be helped as vacancies are filled and residents patronize Kenmore businesses.

Mr. Billoni felt this is a drastic move and questioned how many parking spots will be permitted.
The Mayor answered that the Board is looking to set aside six spots, on a first come first serve basis.

Mr. Billoni questioned what of the other residents who have to park elsewhere.
The answer was that right now the Board is only looking at six spots in the one lot.

Mr. Billoni asked Trustee Muscarella “why did you do this?”
Trustee Muscarella said the gentleman who build the apartments requested us to consider this.

Mr. Billoni questioned what kind of tenants this will draw.
The answer was that we don’t know.

Mr. Billoni added that he is against it and that the laws need to be looked at before issuing permits.  He feels the Board is selectively doing this to bail the contractor out.
The Mayor responded that the Board had been looking into this for awhile as part of its efforts to promote a mixed use, walkable community.  We’re not trying to help one businessman.  We are looking to help other similar developments.

Gary Farntono of 2929 Delaware Avenue stated that six spots won’t help any businesses except those on the west side of Delaware Avenue.  On the east side there are no lots available.  He believes this will only attract Section 8 people.  He also criticizes the use of vinyl siding in the business district.  He feels that it’s a great building but white window trim doesn’t fit.  The Kenmore Village Improvement Society has also noted this.  He is glad the building is not empty but feels a lot was overlooked.

Dr. Sal Gruttadauria of Diversified located at 2900 Delaware Avenue voiced his concerns.  He opened his office in good faith.  They service lots of elderly and     
handicapped patients.  This is in the business district and he is afraid patients will go elsewhere if parking is not available.  Dr. Gruttadauria feels that other businesses have the same concerns.

Mr. Billoni stated that he was looking at a comprehensive plan and doesn’t see recommendations for mixed use.
Mayor Mang referred to page 27 looking to permitting parking in municipal lots.  There is a two hour limit that we are now addressing.  Permit parking is only during nights and won’t impact the businesses.

Trustee McCarthy added that both he and the Kenmore Police Department checked the lots for one week.  It was clear that there were enough available spaces every hour to accommodate 6 permitted spots.  Businesses should not be impacted.  Also, this law is only for 8 P.M. – 8 A.M. during the winter ban.  Most businesses will not be open then.
Mayor Mang wants to see what happens starting with the six spots and we will see how it goes.  He feels there is an added benefit, in that these residents will be utilizing and patronizing our businesses.

Mr. Billoni feels that the Village is selectively helping someone who put in the apartments illegally.  Mr. Billoni questioned if one person can get more than one parking spot.
The answer was yes, as long as he/she is a resident and they own the vehicles.

George Thomas of 245 Warren Avenue questioned what the process is.
The Answer was we are drafting a resolution to address that.  The law will be effective upon filing with Secretary of State.  Clerk/Treasurer Kathleen Johnson added it would take about three to four weeks.

Elizabeth Watson expressed concern that no one notified the public as to the change.  Ms. Watson added that the parking lots are very busy during the holidays and questioned if more spots will be allowed would the public be notified.
Mayor Mang replied that there would be notification and noted that the Village complied with all legal public notice requirements.

Ms. Watson stated that she would prefer the hours being 7 a.m. to 10 p.m. with no parking allowed for permit holders.  She questioned where the spots would be located.
The answer was M & T parking lot shows more availability, but this will be finalized in the resolution.

Michael Foster of 240 Parkwood Avenue questioned what the plan is to get more parking.
The Mayor answered that this was only for overnight parking.

Melissa Foster stated the hours were 8 p.m. to 8 a.m.  She noted that, because two hour parking is still allowed at all other times, the potential is that the space is utilized 6 p.m. to 10 a.m.

The Mayor asked if anyone had questions or comments.  There were none.    
Trustee Bestine moved to close the hearing.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.


BOARD APPROVED LOCAL LAW #9 OF 2010, ENTITLED “MUNICIPAL PARKING LOTS”.                                        

Trustee McCarthy moved to approve Local Law #9 of 2010 entitled “Municipal Parking Lots”, a copy of which is appended to these minutes for record purposes.
Seconded by Trustee Catalano 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


BOARD CONDUCTED A HEARING PERTAINING TO LOCAL LAW #10 OF 2010, ENTITLED “STORAGE AND PLACEMENT OF GARBAGE.”            

The Clerk advised that this was the time and place to conduct a hearing pertaining to Local Law #10 of 2010, entitled “Storage and Placement of Garbage.”
Trustee Muscarella moved to open a hearing pertaining to Local Law #10 of 2010.    
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.
Clerk/Treasurer Kathleen P. Johnson read the Legal Notice, which summarized the Local Law.  

The Mayor asked if anyone had questions or comments.

Gary Farntono remarked that a dumpster located at 2935 Delaware is overflowing.
The Mayor stated that the Village would check into it.

The Mayor asked if anyone had any other questions or comments.  There were none.    
Trustee Bestine moved to close the hearing.
Seconded by Trustee Muscarella and adopted by a full vote in the affirmative.


BOARD APPROVED LOCAL LAW #10 OF 2010, ENTITLED “STORAGE AND PLACEMENT OF GARBAGE”.                                

Trustee Bestine moved to approve Local Law #10 of 2010 entitled “Storage and Placement of Garbage”, a copy of which is appended to these minutes for record purposes.
Seconded by Trustee Catalano 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


BOARD APPROVED SPECIFICATIONS AND CALLED FOR PUBLICATION OF A LEGAL NOTICE PERTAINING TO BIDS.                        

Trustee McCarthy moved to approve specifications and call for publication of a legal notice calling for bids for roof repair at the Kenmore Volunteer Fire Department, returnable October 29, 2010 at 11:00 a.m.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.

    
BOARD APPROVED AND GRANTED PERMISSION TO SENIOR FIREFIGHTER RICHARD MAISANO TO ATTEND A COURSE.                    

Trustee Muscarella moved to approve and grant permission to Senior Firefighter  Richard Maisano to attend a course entitled “Hazardous Materials Incident Command”, October 25-27, 2010, at the New York State Fire Academy, with expenses.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.


BOARD APPROVED AND GRANTED PERMISSION TO BUILDING INSPECTOR, CODE ENFORCEMENT OFFICERS, PLUMBING INSPECTORS, ELECTRICAL INSPECTOR AND COMMUNITY DEVELOPMENT INSPECTOR TO ATTEND A BUILDING OFFICIALS ANNUAL CONFERENCE.    

Trustee Catalano moved to approve and grant permission to Building Inspector Michael Berns, Code Enforcement Officers Richard Maisano, Robert Moreland, Jr., Kenneth Butkowski, Dale Clear, Plumbing Inspectors William Ippolito and Joseph Aquino, Electrical Inspector Loreto Colaiacovo and Community Development Inspector Patrick Phillips to attend the Niagara Frontier Building Officials Annual Conference on January 24-26, 2011, at the Millennium Airport Hotel, with expenses.        
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.


BOARD APPROVED AND GRANTED PERMISSION TO THE KENMORE VOLUNTEER FIRE DEPARTMENT TO HOLD A HALLOWEEN PARADE.    

Trustee McCarthy moved to approve and grant permission to the Kenmore Volunteer Fire Department to hold its annual Halloween parade, beginning at 6:00 p.m. at Wardman Road and Delaware Road, on October 31, 2010.
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 October 19, 2010, in the amount of $311,995.87; General Fund $199,307.95; Water Fund $44,454.91; Sewer Fund $68,233.01 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.



INVITATION FOR PUBLIC COMMENT/QUESTIONS            

Mayor Mang asked if any one wished to be heard.

George Thomas stated that when someone comes to the Zoning Board of Appeals, they are looking to go against the law.  He noted an application concerning the Masonic Temple and another involving an automated sign.  He doesn’t want the Village to look like the Vegas strip.  He wants the Board to look at long term planning.

Paul Billoni of 220 Euclid Avenue asked why the ramp at the Kenmore Police Department was out of use.    
The Mayor explained that we want to make sure that the handicap ramp is compliant.

Mr. Billoni also stated that he doesn’t like the white railing.  He feels it is out of place, and has a more residential feel, then business.
The Board stated there are no concrete plans at this time with respect to the ramp.

Mr. Billoni questioned whether the traffic lights on Elmwood Avenue are being done by the Village of Kenmore or Erie County.
The answer was that the County is replacing overhead traffic lights.

Mayor Mang asked again if any one wished to be heard.
As no one else wished to be heard, the meeting was adjourned.

The next meeting of the Board of Trustees will be November 2, 2010 at 8:00 p.m. at the Municipal Building.

Kathleen P. Johnson, Esq.
Village Clerk/Treasurer

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