EXECUTIVE SESSION
Board of Trustees Municipal Building
Village of Kenmore August 21, 2012
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 THREE LITIGATION AND THREE FINANCIAL MATTERS.
Trustee Bestine moved to go into Executive Session to discuss three litigation and three financial matters.
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 August 21, 2012
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 Patrick Mang. The Mayor led the Pledge of Allegiance.
BOARD CONDUCTED A HEARING PERTAINING TO LOCAL LAW #6, 2012, ENTITLED “AMENDMENTS TO CHAPTER 25, SECTION 25-23, ZONING BOARD OF APPEALS.”
The Clerk advised that this was the time and place to conduct a hearing pertaining to local law #6, 2012, entitled “Amendments to Chapter 25, Section 25-23, Zoning Board of Appeals.”
Trustee McCarthy moved to open the hearing.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.
Village Clerk Kathleen P. Johnson read the local law in its entirety.
Mayor Mang asked if anyone had 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 #6, 2012 ENTITLED “AMENDMENTS TO CHAPTER 25, SECTION 25-23, ZONING BOARD OF APPEALS”.
Trustee Catalano moved to approve local law #6, 2012 entitled “Amendments to Chapter 25, Section 25-23, Zoning Board of Appeals”, 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 REGARDING BUILDING VIOLATIONS AT 22 ALLEGANY AVENUE.
The Clerk advised that this was the time and the place to conduct a hearing regarding building violations under Section 7-112 of the Kenmore Municipal Code at 22 Allegany Avenue.
Trustee Muscarella moved to open the hearing.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.
Attorney Duane Schoonmaker, Esq. stated that the home was damaged in a fire. The owner is in receipt of a violation notice from the building inspector. On August 19, 2012, the owner, Diane Campisi, received insurance proceeds from Peerless Insurance, hired a contractor, and work began this week for clean out, removal and clean up of debris.
The contractor will then have a better idea of the work involved once clean up is completed. The best estimate for completion is January 15, 2013. Funds are in place for the work.
Mayor Mang questioned the cost. Mr. Schoonmaker explained that the adjuster determined a cost and the first installment has been distributed. His understanding is that additional funding will be available in intervals as work is completed.
Trustee Muscarella asked if there were any permits needed. Mr. Berns answered that he wasn’t sure about electric and plumbing, but most likely there will be some.
The Mayor asked the timeframe for at least the clean up and was told there is one to two weeks before actual work is to be done.
The present owner, Diane Capizzi explained that one third of funds were issued. Another third will be received at the half way point to pay for mold removal.
The attorney has no copies of proof of loss and was not able to get that information. He’s certain there’s more than enough money to address the violations and rehabilitate the home, but doesn’t know how much.
Mr. Berns stated that there was a delay in the removal of the asbestos siding because it has to be done by an environmental company, which is an additional cost. An environmental company should be contacted immediately to schedule the job, he said.
The attorney added that before the exterior is done, his client wishes to complete the interior clean up and then determine the structural soundness.
Trustee Catalano believes that seven days should give sufficient time to clean up the property and questions the January 2013 completion date. Mr. Schoonmaker stated that the contract does not define a specific date and the hand-written notes are not initialed. The attorney did not know if cleanup includes pool removal.
Michael Burns of 49 Gunther, son of the contractor, stated that the yard should be cleaned up by September 3, 2012.
Mayor Mang added that he has concerns that there are mosquito larvae in the pool.
The attorney stated that it can be emptied.
Building Inspector Berns said that the pool isn’t in violation, but the decking is and has to be removed.
Mayor Mang reiterated his concern and stated that he wants the pool out. He said that the property is deplorable and residents have put up with enough. He wants the property cleared up and cleaned out. The Mayor requested that all parties return in two weeks for the next board meeting on September 4, 2012, with updates. The Mayor expects that the property, by then, will be cleaned up, and that there will be estimates for both asbestos and work completion. The Mayor also requested a copy of the contract.
Dr. Robert Kamman questioned the safety of removing pool water that has been stagnant for over a year. He does not want it drained into the street and onto the neighbors property. He is also concerned that there have been rats spotted and he would like the property baited.
Mike Omni of 32 Allegany questioned if the contract will include a time frame of steps to address. Mr. Omni has a one year old daughter and is concerned about asbestos and mold.
Mayor Mang replied that he recommends that the Board give fourteen days to complete the exterior cleanup. The completion date of January 15, 2013 is unacceptable. He agrees that dates need to be firmly established to keep the clean up moving forward.
Mr. Berns stated that the contractor is not licensed but no permits are required for the work currently being done. Electrical and plumbing work has to be done by a licensed Master Electrician or Plumber. Mr. Berns also added that the larvicide will need to be handled by Peter Tripi, at the Erie County Health Department. Once the larvacide is applied, the pool can be drained after forty eight hours, with the water going directly into the storm sewers. Mr. Berns stated that the garage needs to be cleaned out but that no dumpsters are allowed over night.
The Mayor stated that the Board has no patience left.
Trustee Catalano moved to close the hearing.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.
DISPOSITION
Trustee Muscarella moved to approve a resolution finding that the property at 22 Allegany Avenue is in violation of the Kenmore Municipal Code and directing that said property be repaired, demolished, or removed, within fourteen (14) days. Failure to do so will result in the Village of Kenmore repairing, demolishing or removing violations on the property with any costs associated with said action being collected in the manner prescribed by law. In addition the owner is directed to attend the next Board meeting on September 4, 2012, and be prepared to detail the work progress. A copy of the resolution is appended to these minutes for record purposes.
Seconded by Trustee Bestine 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 AND GRANTED PERMISSION TO THE ERIE COUNTY BOARD OF ELECTIONS TO USE THE KENMORE COMMUNITY CENTER AS A POLLING SITE.
Trustee Catalano moved to approve and grant permission to the Erie County Board of Elections to use the Kenmore Community Center as a polling site on Thursday, September 12, 2012 for the primary election and on Tuesday, November 6, 2012 for the General Election.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.
BOARD APPROVED THE EMERGENCY MANAGEMENT PLAN FOR FISCAL YEAR 2012.
Trustee Muscarella moved to approve the Emergency Management Plan for fiscal year 2012, 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 POLICIES AND PROCEDURES FOR USE OF COMPUTERS, TELEPHONES AND ELECTRONIC EQUIPMENT.
Trustee McCarthy moved to approve the policies and procedures for computers, telephones and electronic equipment, 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 POLICIES AND PROCEDURES FOR REIMBURSEMENT FOR EXPENSES FOR BOARD-APPROVED SEMINARS, MEETINGS AND TRAINING.
Trustee Bestine moved to approve policies and procedures for reimbursement for expenses for Board-approved seminars, meetings and training, 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.
BOARD APPROVED POLICIES AND PROCEDURES FOR GRANT APPLICATIONS.
Trustee Catalano approved policies and procedures for grant applications, 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.
BOARD APPROVED THE CODE OF ETHICS FOR THE VILLAGE OF KENMORE.
Trustee McCarthy moved to approve the Code of Ethics for the Village of Kenmore, 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.
BOARD APPROVED POLICY REGARDING SEXUAL HARASSMENT IN THE WORKPLACE.
Trustee Bestine moved to approve policy regarding sexual harassment in the workplace, 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.
BOARD APPROVED VARIOUS FUND TRANSFERS TO THE BUDGET FOR FISCAL YEAR 2011-2012.
Trustee Bestine moved to approve various fund transfers to the budget for fiscal year 2011/2012, 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.
BOARD APPROVED AND GRANTED PERMISSION TO THE RESIDENTS OF ARGONNE DRIVE TO HOLD A BLOCK PARTY.
Trustee McCarthy moved to approve and grant permission to the residents of Argonne Drive, between Delaware Road and Myron Avenue, to hold a block party on Saturday, August 31, 2012, at the request of Delores Diliberto.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.
BOARD APPROVED AN AGREEMENT BETWEEN THE VILLAGE OF KENMORE AND VISONE CONSTRUCTION.
Trustee Muscarella moved to approve and authorize Mayor Mang to sign an agreement between the Village of Kenmore and Visone construction for emergency repairs to the Kenton water line with a construction cost not to exceed $215,000.00, and sewer repair to Lincoln Boulevard and Delaware Avenue not to exceed $25,000.00. This is an emergency repair and as such the Board will not be doing a formal bid. Three quotes were secured.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.
BOARD APPROVED A RESOLUTION PERTAINING TO THE ACQUISITION OF BANS REGARDING WATER AND SEWER SYSTEM CAPITAL IMPROVEMENTS.
Trustee Muscarella moved to approve a resolution authorizing the acquisition of BANs not to exceed $450,000.00 for water and sewer system capital improvements, 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 RESOLUTION PERTAINING TO THE ACQUISITION OF BANS REGARDING VEHICLES AND EQUIPMENT.
Trustee Muscarella moved to approve a resolution authorizing the acquisition of BANs not to exceed $100,000.00 for vehicles and equipment, 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.
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 21, 2012, in the amount of $313,704.58; Community Development Fund $200.00; General Fund $153,080.77; Water Fund $56,972.53; Sewer Fund $103,451.28 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
The Mayor asked if anyone wished to be heard.
Vera Alcaziri stated that wireless smart meters emit radiation two hundred times more than a cell phone, which she claims is like having a cell phone tower attached to your home. Ms. Alcaziri feels that they are dangerous, and since one was installed at her home, she has been experiencing headaches, nausea and forgetfulness. National Grid switched out her analog meter to digital. Ms. Alcaziri wants to form a petition for an “opt out” option.
Mayor Mang said she could circulate a petition without needing a permit.
As no one wished to be heard, the meeting was adjourned.
The next meeting of the Board of Trustees will be September 4, 2012 at 8:00 p.m. at the Municipal Building.
Kathleen P. Johnson, Esq.
Village Clerk/Treasurer
