EXECUTIVE SESSION
Board of Trustees Municipal Building
Village of Kenmore September 4, 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 ONE FINANCIAL AND TWO LITIGATION MATTERS.
Trustee McCarthy moved to go into Executive Session to discuss one financial and two litigation matters.
Seconded by Trustee Catalano 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 September 4, 2012
PRESENT: Hon. Patrick Mang Mayor
Hon. Salvatore Muscarella Trustee
Hon. 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 APPROVED THE APPOINTMENT OF SAMARA GONZALEZ AS A PERMANENT CLERK TYPIST FOR THE VILLAGE CLERK/TREASURER’S OFFICE.
Trustee Muscarella moved to approve the appointment of Samara Gonzalez as a permanent Clerk Typist for the Village Clerk/Treasure’s office, at a starting salary of $28,192.00, effective September 5, 2012. Ms. Gonsalez’s probationary period has been waived, given nearly two years as a regular part-time Clerk Typist. The Union has given its consent to this waiver.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.
BOARD APPROVED A RESOLUTION REGARDING FUND TRANSFERS TO AND FROM VARIOUS COMMUNITY DEVELOPMENT BUDGETS.
Trustee McCarthy moved to approve a resolution regarding fund transfers to and from various Community Development budgets, 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 THE WRITE-OFF OF VARIOUS NON-COLLECTABLE ACCOUNTS RECEIVABLE INVOICES.
Trustee Bestine moved to approve the write-off of various non-collectable accounts receivable invoices, 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 A COURT APPLICATION FOR NEW YORK STATE GRANT ASSISTANCE.
Trustee Muscarella moved to approve a resolution granting permission to the Kenmore Justice Court to apply for a New York State Justice Court Assistance Program Grant, 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 AND GRANTED PERMISSION FOR A DEPARTMENT OF PUBLIC WORKS EMPLOYEE TO ATTEND A RE-CERTIFICATION COURSE.
Trustee McCarthy moved to approve and grant permission to David Root to attend a re-certification course for backflow testing, October 29-November 1, 2012, in Rochester, with expenses.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.
BOARD APPROVED FOUR NEW MEMBERS TO THE KENMORE VOLUNTEER FIRE DEPARTMENT.
Trustee Catalano moved to approve Richard A. Ellis, Jr. of 159 McKinley Avenue, Amanda Juen of 199 Euclid Avenue, Zachary D. Oliveri of 354 Warren Avenue and Andrew W. Stanbro of 84 West Hazeltine Avenue as new active members to the Kenmore Volunteer Fire Department.
Seconded by Trustee Bestine 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 15, 2012, at the request of Christina Reid.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.
BOARD APPROVED THE RE-APPOINTMENT OF JAMES MALOY AS A COMMISSIONER TO THE HOUSING AUTHORITY.
Trustee Bestine moved to approve the re-appointment of James M. Maloy as a Commissioner to the Housing Authority, with a term to expire September 2017.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.
BOARD APPROVED TO RE-OPEN A HEARING REGARDING THE PROPERTY AT 22 ALLEGANY.
Trustee Muscarella approved to re-open the hearing pertaining to the property at 22 Allegany Avenue.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.
Duane Schoonmaker, Esq. stated that he had a lengthy conversation with the owner and contractor and that although they had hoped to be done, the work is not yet complete. Mr. Schoonmaker stated that clean-up was contingent on the weather and recent rain precluded clean-up work over the last two days. They are having a problem with Erie County scheduling the larvicide administration so the pool can be fully drained. Once done, the Jacuzzi and pool will be taken down, followed by the decking. Inside there is mold and they have spoken to contractors for mold abatement estimates and also arranged to get architect estimates to ascertain structural damage.
Mayor Mang stated that he was at the property and while he only saw the outside, he noted that little had been done. The Mayor added that he was disappointed that the property wasn’t any better off than two weeks prior and approximately 50% of the clutter and debris is still there. He feels the owner was given ample time and she dropped the ball. He feels she is not capable of doing the work as there has been barely any headway. He is fed up. The Mayor added that the building is not secure and that the plywood has been off the doors and windows overnight. He asked Mr. Schoonmaker if he would be willing to take the owner’s insurance proceeds in escrow, with the owner’s consent, both to monitor the progress and to ensure payment.
Mr. Schoonmaker stated that Diane Campizi, the owner, hired someone that she thought could do the work. Some work has been done. Mr. Schoonmaker added that he would not manage escrow as proposed. He is not sure of the legal responsibilities and not sure he wants to be put in that position as he is not a contractor or construction manager. He has and will continue to make good faith efforts to remind his client, and has told her she needs valid reasons if she cannot comply. He doesn’t know if he can do more.
Mayor Mang stated that they were given a deadline and they didn’t meet it.
Robert Kamman of 24 Allegany Avenue added that the situation is deplorable. The windows are opened and plywood is blowing in the wind. The pool is not fully emptied and he has never seen more than three workers there with usually only one person on site at a time. Dr. Kamman’s concern is that there is no respect shown for the property or the neighbors.
Building Inspector Michael Berns recommended that the Village of Kenmore clean up the outside of the property. He noted that this should have been a three to four day project which was the original timeframe given. He feels this was enough time to complete. Second; the Village should secure the structure. The windows need to be re-boarded on three sides of the structure with paint to match the house. Third; an environmental study needs to be done to assess the mold/lead/asbestos issues which should be a two week timeframe. This should be the homeowner’s responsibility. Fourth; the roofing and siding should be taken care of with a timeframe of sixty days. Again, this is the owner’s responsibility.
Mr. Schoonmaker wanted clarification of the timeframe for the exterior work.
Mr. Berns again stated sixty days for everything: the asbestos siding removal, roofing, new siding, doors and windows.
Mr. Schoonmaker feels that the exterior can be done at the end of the project.
Mayor Mang stated that melted siding is an eyesore and needs to be addressed as soon as possible. Once it’s removed, the inside can be addressed all winter. He added that Allegany Avenue is a beautiful street and Ms. Campizi does not appear to care.
Mr. Schoonmaker requested clarification that if the Village of Kenmore begins clean-up, Ms. Campizi is not to continue and should cease work. Mr. Schoonmaker stated that he did not want his client to pay twice and overlap the services. This was confirmed.
Trustee Catalano stated that it was a three to four day job and we gave her two weeks and it is still not done. She has sixty days to do the other work.
Mr. Berns asked if an architect was in place. He had given the owner three names.
Mr. Schoonmaker replied that Brian Effinger was selected but wasn’t able to make an assessment yet due to pneumonia.
Mr. Schoonmaker thinks the owner would be willing to switch contractors but he hasn’t had any specific conversations with her on this topic.
Mr. Berns added that the pool was ready to dismantle two days after the August 21, 2012 board meeting and has been sitting for a week and a half.
Trustee Muscarella requested that they get the contractors in line for the 60 day timeframe and echoed Mayor Mang’s frustration saying the owner had dropped the ball.
Mr. Schoonmaker added that he understands the Village of Kenmore and the neighborhood concerns and that nobody wants to live next to a house gutted by fire.
Mayor Mang moved to recess and go to the executive session to confer with the Village Attorney.
Seconded by Trustee Bestine and adopted by a full vote in the affirmative.
Trustee McCarthy moved to re-open the hearing.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.
DISPOSITION
Trustee Bestine moved to approve a resolution finding that the property at 22 Allegany Avenue continues to be in violation of the Kenmore Municipal Code and directing that said property is to have the repairs completed as follows:
1. The Village of Kenmore to clean up the exterior, including removal of the pool and deck, said expense to be born by the owner or put on taxes.
2. The Village of Kenmore will secure the structure with the windows and doors re-boarded and painted to match the home’s exterior. When any window or door is opened for work purposes it will be re-boarded at the end of each day. This expense to be born by the owner or put on taxes.
3. An environmental study is to be sent to the Building Inspector within two weeks.
4. Roofing, siding, doors and window replacements are to be completed within sixty days
5. The interior is to be cleaned up including abatement and removal of any mold, lead and/or asbestos.
The Building Inspector or another authorized party is to inspect the interior and exterior of the property on a daily basis, or as needed. A copy of the resolution 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
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 4, 2012, in the amount of $236,646.83; Community Development Fund $72.00; General Fund $225,480.52; Water Fund $6,591.85; Sewer Fund $4,502.46 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
The Mayor asked if anyone 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 September18, 2012 at 8:00 p.m. at the Municipal Building.
Kathleen P. Johnson, Esq.
Village Clerk/Treasurer
