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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                            September 7, 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, TWO PERSONNEL, ONE LITIGATION, AND ONE CONTRACTUAL MATTER.            

Trustee McCarthy moved to go into Executive Session to discuss two financial, two personnel, one litigation, and one contractual matter.
Seconded by Trustee Catalano 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                            September 7, 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 PUBLICATION OF A LEGAL NOTICE CALLING FOR A PUBLIC HEARING ON SEPTEMBER 21, 2010.                                      

Trustee Muscarella moved to approve the publication of a Legal Notice calling for a Public Hearing pertaining to Local Law #7, 2010, “Amendment to Chapter 9, Health and Sanitation”, 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 A REVISED SETTLEMENT AGREEMENT.            

Trustee McCarthy moved to approve a revised Settlement Agreement pertaining to a legal matter.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.


BOARD TO APPROVE AND GRANT PERMISSION TO A POLICE LIEUTENANT AND THREE DETECTIVES TO ATTEND A SEMINAR.        

Trustee Muscarella moved to approve and grant permission to Police Lieutenant Charles Gramalia and Police Detectives Joseph Vacanti, Paul O’Brien and David Lewandowski to attend a training seminar entitled “Identification Procedures”, November 9, 2010, in Buffalo, with expenses.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.


BOARD TO APPROVE AND GRANT PERMISSION TO A POLICE CAPTAIN AND TWO POLICE LIEUTENANTS TO ATTEND A SEMINAR.            

Trustee Catalano moved to approve and grant permission to Police Captain William Phillips and Police Lieutenants Thomas Phillips and Sheila Kirsch to attend a training seminar entitled “Legal Issues for New York Law Enforcement Officers 2010”, September 14-15, in Batavia, with expenses.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.


BOARD APPROVED AND GRANTED PERMISSION TO A POLICE OFFICER  TO ATTEND A RE-CERTIFICATION COURSE.                    

Trustee Bestine moved to approve and grant permission to Police Officer Michael Landis to attend a Breath Analysis Re-certification Course, October 7, 2010, in Buffalo, with expenses.
Seconded by Trustee Muscarella and adopted by a full vote in the affirmative.


BOARD APPROVED AND GRANTED PERMISSION TO A POLICE DECTIVE  TO ATTEND A SEMINAR.                                

Trustee Bestine moved to approve and grant permission to Police Detective David Lewandowski to attend a seminar entitled ”Latent Print Processing-Level One”, from September 20-24, 2010  in Amherst, with expenses.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.

    
BOARD APPROVED AND GRANTED PERMISSION FOR A 5K RACE THROUGH THE KEN-TON AREA ON SEPTEMBER 25, 2010.            

Trustee McCarthy moved to approve and grant permission to Mr. and Mrs. Jeff Farrar to hold a 5K race through the Ken-Ton area on September 25, 2010 in memory of their daughter, New York State Trooper Jill Mattice.
Seconded by Trustee Muscarella and adopted by a full vote in the affirmative.


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

Trustee Muscarella moved to approve and grant permission to the residents of Nassau Avenue, between Delaware Road and Myron Avenue to hold a block party on Saturday, September 18, 2010, with a rain date of Saturday, September 25, 2010, at the request of Christina Reid.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.


BOARD APPROVED AND GRANTED PERMISSION TO THE RESIDENTS OF ARGONNE DRIVE TO HOLD A BLOCK PARTY.                

Trustee Catalano moved to approve and grant permission to the residents of Argonne Drive, between Delaware Road and Myron Avenue to hold a block party on Friday, September 10, 2010, with a rain date of Saturday, September 11, 2010, at the request of Lisa Noonan.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.

    
BOARD APPROVED AND GRANTED PERMISSION TO THE RESIDENTS OF ARGONNE DRIVE TO HOLD A BLOCK PARTY.                    

Trustee Bestine moved to approve and grant permission to the residents of Argonne Drive, between Colvin Boulevard and Hiler Avenue to hold a block party on Saturday, September 11, 2010, at the request of Sabina Mooney.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.


BOARD APPROVED AND GRANTED PERMISSION TO THE RESIDENTS OF ARGONNE DRIVE TO HOLD A HALLOWEEN BLOCK PARTY.            

Trustee McCarthy moved to approve and grant permission to the residents of Argonne Drive, between Colvin Boulevard and Hiler Avenue to hold a Halloween block party on Saturday, October 30, 2010, at the request of Sabina Mooney.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.


BOARD APPROVED AND GRANTED PERMISSION TO THE RESIDENTS OF COLUMBIA TO RE-SCHEDULE THEIR BLOCK PARTY.                

Trustee Muscarella moved to approve and grant permission to the residents of Columbia Boulevard to re-schedule their block party to Saturday, September 11, 2010, at the request of Anne M. Denman.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.

    
BOARD APPROVED AND GRANTED PERMISSION TO THE RESIDENTS OF ARGONNE DRIVE TO HOLD A BLOCK PARTY.                    

Trustee Catalano moved to approve and grant permission to the residents of Argonne Drive, between Colvin Boulevard and Irving, to hold a block party on Saturday, September 11, 2010, at the request of Kristen Merz.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.


BOARD APPROVED AND GRANTED PERMISSION TO THE RESIDENTS OF ARGONNE DRIVE TO HOLD A HALLOWEEN BLOCK PARTY.
            

Trustee Catalano moved to approve and grant permission to the residents of Argonne Drive, between Colvin Boulevard and Irving to hold a Halloween block party on Saturday, October 30, 2010, at the request of Kristen Merz.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.


BOARD CONDUCTED A HEARING PERTAINING TO PROPOSED SEWER RATE AND SURCHARGE INCREASES.                            

The Clerk advised that this was the time and place to conduct a hearing pertaining to the proposed increases in the sewer rates and surcharges.
Trustee Bestine moved to open a hearing.    
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 proposed increases, a copy of which is appended to these minutes for record purposes.
The Mayor asked if anyone had questions or comments.  
    
Maureen Dougherty of 63 Washington Avenue questioned the reason for the proposed increases.
The Mayor explained that the Town of Tonawanda treats our water and that our costs to the Wastewater Plant have increased 40% in the last five years.  The Village is working with the Town of Tonawanda to address this and will also be conducting an independent analysis of our water samples.

Mayor Mang asked if there were anymore questions.
There were none.    
Trustee Muscarella moved to close the hearing.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.


BOARD APPROVED THE SEWER RATES AND SURCHARGES.            

Trustee McCarthy moved to approve the proposed sewer rates and surcharges, effective immediately.
Seconded by Trustee Bestine.

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 A POLLING LOCATION LEASE AGREEMENT.        

Trustee Bestine moved to approve a Polling Location Lease Agreement between the Village of Kenmore and the Erie County Board of Elections to use the Kenmore Community Center as a polling location for the primary on September 14, 2010 and the general election on November 2, 2010 .
Seconded by Trustee Muscarella and adopted by a full vote in the affirmative.


BOARD APPROVED THE APPOINTMENT OF WILLIAM T. YAGER AS A SEASONAL LABORER FOR THE DEPARTMENT OF PUBLIC WORKS
.        

Trustee Catalano moved to approve the appointment of William T. Yager of 410 Niagara Falls Boulevard, Tonawanda, New York 14223, as a Seasonal Laborer for the Department of Public Works at a pay rate of $7.25 per hour, effective September 13, 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 September 7, 2010, in the amount of $398,146.92; General Fund $341,207.29; Water Fund $50,632.92; Sewer Fund $6,306.71 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.

Mrs. Dougherty stated that she and her husband are forty-two year homeowners in Kenmore and that they are very satisfied with the services in Kenmore. They attended the August meeting of the Kenmore Village Improvement Society and found it interesting that every person attending stated that they had personal contact with Village representatives.  They do have one complaint.  On their walks, they have noted a large tree stump with weeds growing out of it, which covers half of the sidewalk located at 23 Washington Avenue.  It was suggested that the Building Inspector should look at it.  The tree was cut down approximately two years ago and the stump is still there.  She left two messages for the Building Inspector, Michael Berns, and received no return calls.

Another problem brought to the Board’s attention by Mrs. Dougherty is a double, located  three doors down from her, which is in foreclosure, and another house that has a pile of wood in the back yard where the fence is falling apart.  She is concerned that this will impact their property value as they are most likely selling their house to purchase a smaller home in the future.

Mayor Mang stated that the stump issue has been discussed already.  He and the Board agree that the Village of Kenmore needs to be more aggressive with stump removal.  He recently walked with Code Enforcement Officers to get a first hand look.  He has spoken with Department of Public Works Superintendent John Neiss and directed him to remove the tree stumps.  Mr. Neiss stated there is probably a one month waiting time and a limited budget.  Mr. Neiss noted that the Department of Public Works takes down 200 to 300 trees a year due to age and is planting about 120 trees.  The Mayor directed the Building Inspector to look into the two properties and issue violation notices, if applicable.

    
Mayor Mang asked if anyone else 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 September 21, 2010 at 8:00 p.m. at the Municipal Building.

Kathleen P. Johnson, Esq.
Village Clerk/Treasurer

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