EXECUTIVE SESSION
Board of Trustees Municipal Building
Village of Kenmore August 16, 2011
PRESENT: Hon. Patrick Mang Mayor
Hon. Salvatore Muscarella Trustee
Hon. Katherine Bestine Trustee
Hon. R. Tim McCarthy Trustee
Hon. Paul Catalano Trustee
EXECUTIVE SESSION TO DISCUSS ONE LITIGATION MATTER.
Trustee Bestine moved to go into Executive Session to discuss one litigation matter.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.
Trustee Catalano moved to end the Executive Session.
Seconded by Trustee McCarthy and adopted by a full vote of all members present.
Kathleen P. Johnson, Esq.
Village Clerk/Treasurer
EXECUTIVE SESSION
Board of Trustees Municipal Building
Village of Kenmore August 16, 2011
PRESENT: Hon. Patrick Mang Mayor
Hon. Salvatore Muscarella Trustee
Hon. Katherine Bestine Trustee
Hon. R. Tim McCarthy Trustee
Hon. Paul Catalano Trustee
EXECUTIVE SESSION TO DISCUSS TWO INVESTIGATIVE, ONE HEALTH AND SAFETY AND TWO LITIGATION MATTERS.
Trustee McCarthy moved to go into Executive Session to discuss two investigative, one health and safety and two litigation matters.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.
Trustee Catalano 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 August 16, 2011
PRESENT: Hon. Patrick Mang Mayor
Hon. Salvatore Muscarella Trustee
Hon. Katherine Bestine Trustee
Hon. R. Tim McCarthy Trustee
Hon. Paul Catalano Trustee
The meeting was called to order at 8:00 p.m. by Mayor Mang. The Mayor led the Pledge of Allegiance.
BOARD CONDUCTED A HEARING PERTAINING TO LOCAL LAW #5 OF 2011, ENTITLED “RESIDENTIAL USES IN RESTRICTED AND GENERAL BUSINESS DISTRICTS.”
The Clerk advised that this was the time and place to conduct a hearing pertaining to Local Law #5 of 2011, entitled “Residential Uses in Restricted and General Business Districts.”
Trustee McCarthy moved to open the hearing pertaining to Local Law #5 of 2011.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.
Village Attorney Daniel Novak read the Legal Notice, which summarized the Local Law.
The Mayor asked if anyone had questions or comments. There were none.
Trustee Muscarella moved to close the hearing.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.
BOARD APPROVED LOCAL LAW #5 OF 2011, ENTITLED “RESIDENTIAL USES IN RESTRICTED AND GENERAL BUSINESS DISTRICTS”.
Trustee Bestine moved to approve Local Law #5 of 2011 entitled “Residential Uses in Restricted and General Business Districts”, 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.
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 AN AGREEMENT BETWEEN THE TOWN OF TONAWANDA AND THE VILLAGE OF KENMORE PERTAINING TO THE COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET FOR FISCAL YEAR 2011.
Trustee Bestine moved to approve an agreement between the Town of Tonawanda and the Village of Kenmore pertaining to the Community Development Block Grant Budget for fiscal year 2011, and authorized the Mayor to sign. A copy of this agreement 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 TO A POLICE DETECTIVE TO ATTEND A SEMINAR.
Trustee McCarthy moved to approve and grant permission to Police Detective Joseph Vacanti to attend a seminar entitled “DARE-Keeping it Real”, September 29, 2011, in Rochester, with expenses.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.
BOARD APPROVED AND GRANTED PERMISSION TO A POLICE DETECTIVE TO ATTEND A SEMINAR.
Trustee Muscarella moved to approve and grant permission to Police Detective Paul O’Brien to attend the Colonel Henry F Williams International Homicide Seminar, September 17-22, 2011, in Albany, with expenses.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.
BOARD APPROVED AND GRANTED PERMISSION TO A POLICE LIEUTENANT TO ATTEND A SEMINAR.
Trustee Catalano moved to approve and grant permission to Police Lieutenant Charles Gramaglia and Detectives Joseph Vananti, Paul O’Brien and David Lewandowski to attend a seminar entitled “Prescription Drugs: Diversion, Prescribing, RxPatrol and Case Studies”, on September 13, 2011, with expenses.
Seconded by Trustee Muscarella and adopted by a full vote in the affirmative.
BOARD APPROVED AND GRANTED PERMISSION FOR 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 10, 2011, with a rain date of Sunday September 11, 2011, at the request of Christina Reid.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.
BOARD APPROVED AN AGREEMENT BETWEEN THE VILLAGE OF KENMORE AND THE KENMORE PROFESSIONAL FIREFIGHTERS ASSOCIATION.
Trustee Catalano moved to approve the Collective Bargaining Agreement between the Village of Kenmore and the Kenmore Professional Firefighters Association for the period June 1, 2010-May 31, 2014.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.
BOARD APPROVED A PARTIAL STREET CLOSING ON SHEPARD AVENUE.
Trustee Muscarella moved to approve a partial street closure on the corner of Shepard Avenue and Elmwood Avenue, Thursday, August 25, 2011, for a grand opening event of Cretaceous Skateboarding & Apparel Co., 2630 Elmwood Avenue at the request of Zach Patton. This closure is subject to receipt and approval of documentation evidencing adequate insurance and receipt of a Hold Harmless Agreement from Mr. Patton to the Village of Kenmore Clerk/Treasurer.
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 August 16, 2011, in the amount of $244,318.54; Community Development Fund $200.00; General Fund $147,246.54; Water Fund $13,940.87; Sewer Fund $82,931.13 and to direct the Treasurer to pay each of the listed claimants in the amount appearing opposite his/her name.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.
INVITATION FOR PUBLIC COMMENT/QUESTIONS
The Mayor asked if anyone else wished to be heard.
Pat Dowling of 135 Keller Avenue complained of rats on her street. Mrs. Dowling is aware that Erie County has cut the budget for rodent control and changed the rules. She is also is aware that the County has offered to pay for certification of municipal employees. Ms. Dowling understands that the Village of Kenmore will be applying, but is concerned that the Building Inspector’s response has been poor, with answers such as “call an exterminator”, etc. She wants to know what the Village of Kenmore is doing to enforce the refuse law and with respect to rodent complaints.
Mayor Mang stated that we just got the information today from the County and the Village will be filing for funding to certify four (4) Code Enforcement Officers, but he is not sure if we will qualify.
Building Inspector Michael Berns stated that some of the properties are vacant.
Ms. Dowling said the vacant homes are not the ones she is talking about. She stated that there is a property on her street that the neighbors have made numerous complaints about. The Mayor stated that refuse violations are strictly enforced. He said that Erie County used to come out to properties and were allowed to go into yards to find rat sources. The Village of Kenmore is not allowed to go in yards of properties without permission which makes it difficult to locate the rat source. He also noted that there is an increase in rat sightings resulting from a dry summer and the rats are looking for water. The Village of Kenmore is doing what it can, but Erie County is not here for us which has made it more difficult to combat the problem.
Mrs. Dowling questioned what the fine was for a building violation.
Mr. Berns answered that the Court determines the fine. The Village has shortened its process thru the issuance of appearance tickets.
Mrs. Dowling suggested that higher fines might make it less attractive for violators to ignore the law.
Paul Nemith complained that Mr. Berns didn’t follow up with him and that this is not the first time that has happened. He stated that he has left messages which were not returned and even set up a meeting recently and Mr. Berns didn’t show. Mr. Berns apologized and said he would discuss their concerns following the meeting.
As no one else wished to be heard, the meeting was adjourned.
The next meeting of the Board of Trustees will be September 6, 2011 at 8:00 p.m. at the Municipal Building.
Kathleen P. Johnson, Esq.
Village Clerk/Treasurer
