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