EXECUTIVE SESSION
Board of Trustees Municipal Building
Village of Kenmore September 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, TWO FINANCIAL, ONE PERSONNEL, ONE LITIGATION MATTER.
Trustee Bestine moved to go into Executive Session to discuss two financial, one personnel, and one litigation matter.
Seconded by Trustee Muscarella 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 21, 2010
PRESENT: Hon. Patrick Mang Mayor
Hon. Salvatore Muscarella Trustee
Hon. Katherine Bestine Trustee
Hon. R. Timothy McCarthy Trustee
Hon. Paul Catalano Trustee
BOARD CONDUCTED A HEARING PERTAINING TO LOCAL LAW #7 OF 2010, ENTITLED “AMENDMENT TO CHAPTER 9, HEALTH AND SANITATION.”
The Clerk advised that this was the time and place to conduct a hearing pertaining to Local Law #7 of 2010, entitled “Amendment to Chapter 9, Health and Sanitation.”
Trustee Muscarella moved to open a hearing pertaining to Local Law #7 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 elaborated that a similar law is already on the books in Erie County. The law’s purpose is to remove a food source for rats, and does not to ban bird feeders. According to the County, nine times out of ten, when rats are found, bird feeders are the source. The Mayor reiterated that the law doesn’t eliminate bird feeders. The Village is not going to seek out bird feeders but will cite if they are seen in proximity to where rats have been located. In passing this law, the Village will be able to address the problem faster than Erie County.
The Mayor asked if anyone had questions or comments.
Thomas Vicantio of 151 Hamilton Boulevard had questions about the rodent problem and wanted to know if there have been complaints made. Mr. Vicantio had concerns about baiting as he has a dog.
Mayor Mang replied that baiting will not harm dogs. The Mayor also stated that crabapples are also a food source for the rats and that Kenmore is committed to combating the rodent problem.
Patricia Rafe of 405 Tremaine Avenue commented on property where the weeds are five to six feet tall and that rats are coming out of that area. Ms. Rafe has contacted Building Inspector Michael Berns to find out how this can be corrected.
Mayor Mang replied that high weeds are a problem and we need to be diligent and do all we can to eliminate food sources & habitats for rats.
Sue Battaglia of 367 Deerhurst, which is located in the Town of Tonawanda, questioned why should we wait until there are sightings.
The Mayor replied that rats are in the Town of Tonawanda and the Village of Kenmore. We have already garbage totes, but since the number of sightings had increased, we need to elimate other food sources.
Ettea Hendricks of 82 Kinsey Avenue questioned how we enforce the high grass and weeds issue and what is the time frame.
Michael Berns replied that the person cited will have seven days to respond.
Clerk/Treasurer Kathleen Johnson noted that, under Village law, the Village can cut high grass or weeds if the owner fails to correct the violation.
Nanci DiMango of 151 Hamilton Boulevard stated that Mr. Berns has come out and that she is also concerned about the baiting issue where a dog eats the rat?
Mr. Berns replied that Erie County has confirmed him that each bait box contains less than one pound of poison and that it would take at least ten pounds to cause a problem. Mr. Berns encourages people to check with their Veterinarian or to call Erie County (Peter Tripi) for more information.
Brenda Killian of 96 Wardman Road, a long time resident of Kenmore, had concerns about educating people on baiting. Ms Killian is concerned about diseases associated with rats that can impact humans and animals.
The Mayor reminded the gallery that the Village continues to educate the public.
In the last two months, brochures have been handed out to neighbors and there is information available on the website.
Mayor Mang is willing to walk streets to look a the problems, but noted that the Village is keenly aware of the problem and the need to address it. This is the reason for the law.
Mayor Mang asked if anyone else wished to be heard.
Trustee Muscarella moved to close the hearing.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.
BOARD APPROVED LOCAL LAW #7 OF 2010, ENTITLED “AMENDMENT TO CHAPTER 9, HEALTH AND SANITATION”.
Trustee Muscarella moved to approve Local Law #7 of 2010 entitled “Amendment to Chapter 9, Health and Sanitation”, 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.
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 TWO UNLICENSED VEHICLES.
The Clerk advised that this was the time and the place to conduct a hearing pertaining to an unlicensed vehicle located at 21 Palmer Avenue and another vehicle owned by the same owner and located in the parking lot of Walgreens.
Trustee Bestine moved to open the hearing.
Seconded by Trustee Muscarella and adopted by a full vote in the affirmative.
Mayor Mang asked two times if the owner was present and received no response.
Building Inspector Michael Berns verified that there had been two violation notices sent - one on July 22, 2010 and one sent on August 31, 2010. The letters made it clear that the unlicensed vehicle must be removed or stored in a covered area by September 10, 2010 or it will be removed by the Village of Kenmore with the owner of the vehicle paying all costs incurred. The second letter advised of the hearing date and time. Mr. Berns presented photos of the vehicles, taken today, showing one in the driveway of 21 Palmer Avenue and one in the parking lot of Walgreens.
Mayor Mang asked if any one else wished to be heard. As no one wished to be heard, Trustee Muscarella moved to close the hearing.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.
BOARD APPROVED A RESOLUTION FINDING THE PROPERTY AT 21 PALMER AVENUE IN VIOLATION OF CHAPTER 14 OF THE VILLAGE OF KENMORE MUNICIPLE CODE.
Trustee McCarthy moved to approve a resolution that the property is in violation of Chapter 14 of the Kenmore Municipal Code. A copy of the resolution is appended to these minutes for record purposes.
Seconded by Trustee Muscarella 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 TWO NEW MEMBERS TO THE KENMORE VOLUNTEER FIRE DEPARTMENT.
Trustee Catalano moved to approve Mark C. Conboy of 70 Westgate Road and Jonathan R. Palmer of 9 Delwood Road as new members to the Kenmore Volunteer Fire Department.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.
BOARD APPROVED A REQUEST TO THE ALUMNI ASSOCIATION OF ST. JOSEPH’S COLLEGIATE INSTITUTE TO CONDUCT ITS ANNUAL “BOB IVORY” 5K RUN.
Trustee Muscarella moved to approve the St. Joseph’s Collegiate Institute annual “Bob Ivory” 5K Run on Sunday, November 7, 2010 beginning at 9:00 a.m. at the request of Christopher J. Zanghi.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.
BOARD APPROVED THE PUBLICATION OF A LEGAL NOTICE CALLING FOR A PUBLIC HEARING PERTAINING TO LOCAL LAW #8, 2010 ENTITLED “AMENDMENT TO RETIREMENT INCENTIVE ADOPTION”.
Trustee Bestine moved to approve the publication of a legal notice calling for a public hearing on October 5, 2010 at 8:00 p.m., pertaining to Local Law #8, 2010 entitled “Amendment to Retirement Incentive Adoption”, 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 AN AGREEMENT BETWEEN THE VILLAGE OF KENMORE AND ERIE COUNTY.
Trustee Muscarella moved to approve an agreement between The Village of Kenmore and Erie County for snow removal. Mayor Mang explained what we plow the County roads (Colvin, Kenmore and Elmwood).
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.
BOARD APPROVED AND AUTHORIZED ISKALO DEVELOPMENT TO INSTALL THREE SECURITY CAMERAS.
Trustee Muscarella moved to approve and authorize Iskalo Development to install three cameras, at no cost to the Village, on three Village owned light poles located on Tremaine Avenue, as specified in its written request for security 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 September 21, 2010, in the amount of $196,657.35; General Fund $36,698.18; Water Fund $49,676.98; Sewer Fund $93,218.46 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.
Sue Battaglia of 367 Deerhurst questioned who is responsible for the trees on Colvin.
The mayor responded that Erie County is responsible.
Jim Ronan of 76 Euclid Avenue purchased the Dollar General building and has been renovating the upstairs to accommodate apartments. Mr. Ronan is looking for overnight parking for his tenants as the churches are not allowed to rent. He noted that there are nine first floor vacancies and seven of nine second floor vacancies on Delaware Avenue, resulting in 80% upstairs vacancy rate. He has invested money in renovating one upstairs vacancy, but without parking, the units will be difficult to rent. He stated that he invested $140,000.00 in the building since purchasing it in foreclosure. Without parking there is limited rental appeal. He further stated that it is not feasible for a business to rent the upstairs due to the lack of handicap access. Mr. Ronan wants the Board to allow permit parking during winter hours. If allowed it will result in revenue.
Mayor Mang stated that the Board understands his request and noted that multi-use is in keeping with the Village of Kenmore Comprehensive Plan. The Board will need to look into this and get back. He commended Mr. Ronan for his work in improving the property, but noted that the Board needs to review this thoroughly.
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 October 5, 2010 at 8:00 p.m. at the Municipal Building.
Kathleen P. Johnson, Esq.
Village Clerk/Treasurer
