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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                            August 17, 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, TWO FINANCIAL, ONE PERSONNEL, THREE LITIGATION, AND ONE CONTRACTUAL MATTER.            

Trustee Muscarella moved to go into Executive Session to discuss two financial, one personnel, three litigation, and one contractual matter.
Seconded by Trustee Bestine 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


Board of Trustees                            Municipal Building
Village of Kenmore                            August 17, 2010

PRESENT: Hon. Patrick Mang                         Mayor
              Hon. Salvatore Muscarella                Trustee
              Hon. Katherine Bestine                   Trustee
              Hon. R. Timothy McCarthy               Trustee
              Hon. Paul Catalano                         Trustee



BOARD APPROVED THE APPOINTMENT OF MICHAEL FOSTER AS AN ALTERNATE MEMBER TO THE KENMORE PLANNING BOARD.                                        

Trustee Catalano moved to approve the appointment of Michael Foster as an alternate member to the Kenmore Planning Board, with a term to expire in June 2011.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.


BOARD APPROVED AND ADOPTED A GRANT APPLICATION POLICY AND PROCEDURE.                                                                

Trustee Bestine moved to approve and adopt a Grant Application Policy and Procedure to assist in the purchase of equipment or projects.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.


BOARD AWARDED A BID PERTAINING TO VIDEO SURVEILLANCE EQUIPMENT FOR THE KENMORE POLICE DEPARTMENT.            

Trustee Muscarella moved to award a bid pertaining to Video Surveillance Equipment to Buffalo Computing Solutions with the lowest qualified bid price of $13,706.88.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.


BOARD CONDUCTED A HEARING PERTAINING TO LOCAL LAW #6 OF 2010, “EARLY RETIREMENT INCENTIVE PROGRAM.”                    

The Clerk advised that this was the time and place to conduct a hearing pertaining to Local Law #6 of 2010, “Early Retirement Incentive Program.”
Trustee McCarthy moved to open a hearing pertaining to Local Law #6 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.  There were none.    
Trustee Catalano moved to close the hearing.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.


BOARD APPROVED AND GRANTED PERMISSION TO A POLICE LIEUTENANT TO ATTEND A MANDATED COURSE.                

Trustee Muscarella moved to approve and grant permission to Police Lieutenant David Stapleton to attend a mandated Police Supervision Course, September 6-24, 2010, in Rochester, with expenses.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.


BOARD APPROVED AND GRANTED PERMISSION TO THE RESIDENTS OF CROSBY AVENUE TO HOLD A BLOCK PARTY.                

Trustee Catalano moved to approve and grant permission to the residents of Crosby Avenue, between Colvin Boulevard and Delaware Road to hold a block party on Saturday, October 16, 2010, with a rain date of October 23, 2010, at the request of Michelle H. Mooney.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.


BOARD APPROVED AND GRANTED PERMISSION TO THE RESIDENTS OF MCKINLEY AVENUE TO HOLD A BLOCK PARTY.                

Trustee Muscarella moved to approve and grant permission to the residents of McKinley Avenue, between Delaware Road and Myron Avenue to hold a block party on Saturday, September 18, 2010, at the request of Bob Reeves.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.


BOARD APPROVED THE APPOINTMENT OF ROSEMARY CICERO-SULLIVAN AS A PART-TIME CLERK TO THE KENMORE JUSTICE COURT.    

Trustee McCarthy moved to approve the appointment of Rosemary Cicero-Sullivan of 179 Green Tree Road, Tonawanda New York 14150 as a part-time Clerk to the Kenmore Justice Court at a pay rate of $10.75 per hour, effective September 2, 2010.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.


BOARD APPROVED THE PUBLICATION OF A LEGAL NOTICE CALLING FOR A PUBLIC HEARING TO DISCUSS SEWER RATE INCREASES.        

Trustee Bestine moved to approve the publication of a legal notice calling for a public hearing on September 7, 2010 at 8:00 p.m., to discuss sewer rate increases, 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 OF DANIEL DUTHIE, ESQ. AS OUTSIDE COUNCEL FOR A LEGAL MATTER.                    

Trustee Muscarella moved to approve the appointment of Daniel Duthie, Esq. as outside counsel for a legal matter.  Board authorized up to $25,000.00 in legal fees and disbursements to be paid.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.


BOARD APPROVED A SETTLEMENT AGREEMENT PERTAINING TO UTILITY TAX OVERPAYMENTS.                            

Trustee McCarthy moved to approve a Settlement Agreement pertaining to utility tax overpayments with National Grid, pending final review and approval by the New York State Conference of Mayors.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.


BOARD APPROVED A MEMORANDUM OF UNDERSTANDING PERTAINING TO A LEGAL MATTER.                                    

Trustee Bestine moved to approve a Memorandum of Understanding pertaining to a legal matter.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.


BOARD APPROVED THE CLASSIFICATION OF VARIOUS EQUIPMENT AS SURPLUS AND AUTHORIZE SALE OR DISPOSAL.                    

Trustee Catalano moved to approve the classification of various equipment for the Department of Public Works as surplus and authorize sale or disposal.  A list of the equipment is appended to these minutes for record purposes.
Seconded by Trustee McCarthy 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 August 17, 2010, in the amount of $513,249.40; General Fund $437,311.99; Water Fund $14,279.91; Sewer Fund $61,657.50 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.

Dr. Tim Hannon, DDS of 29 Delaware Road requested information about access to his parking lot which was shared with Dr. Anthony Perna.  Dr. Hannon wants to give  information to the Board and to go on record with his problem.  The only access into his dental practice parking lot is through a driveway located on Argonne Drive which is owned by the owner of 42 Delaware Road.  Ms. McCracken, the new owner, is prohibiting his access which is placing a strain on his practice as his patients can’t park close by.  Dr. Hannon presented pictures and Mayor Mang referred the matter to Village Attorney Daniel Novak.

Richard Aurenbach of 33 Delaware spoke of the “good neighbors” he has had all these years and wants the spirit to continue.  Mr. Aurenbach stated that his driveway is in running as one of the narrowest driveways in Kenmore.  Dr. Hannon and Dr. Perna have allowed him to use their back parking lots and to exit and enter from Argonne, rather than backing out onto Delaware Road.  Mr. Aurenbach asked Mayor Mang to look at section 21-49 of the Municipal Code.  He thinks this section allows the Village to intercede.

Roger Walker of 19 Knowlton Avenue stated that he had called pertaining to a garbage issue two weeks ago.  Mr. Walker questioned whether he could put “doggy waste” in the garbage.  He complained that the Board does not have voice mail and asked how to get a hold of them.  The Mayor said he should leave a message with the Clerk/Treasurer Kathleen P. Johnson.  Mr. Walker stated that he had twice done so and no one called him back.  Mayor Mang stated that the Clerk/Treasurer had given him the messages and apologized for not having called him.  He did note however that he had seen to it that his issue was addressed and remedied.

As no one else wished to be heard, the meeting was adjourned.
The next meeting of the Board of Trustees will be September 7, 2010 at 8:00 p.m. at the Municipal Building.

Kathleen P. Johnson, Esq.
Village Clerk/Treasurer

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