EXECUTIVE SESSION
Board of Trustees Municipal Building
Village of Kenmore November 20, 2012
PRESENT: Hon. Patrick Mang Mayor
Hon. Salvatore Muscarella Trustee
Hon. R. Timothy McCarthy Trustee
Hon. Paul Catalano Trustee
ABSENT: Hon. Katherine Bestine Trustee
EXECUTIVE SESSION TO DISCUSS ONE CONTRACTUAL, ONE PERSONNEL, TWO LITIGATION AND FIVE FINANCIAL MATTERS.
Trustee Catalano moved to go into Executive Session to discuss one contractual, one personnel, two litigation and five financial matters.
Seconded by Trustee McCarthy 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 November 20, 2012
PRESENT: Hon. Patrick Mang Mayor
Hon. Salvatore Muscarella Trustee
Hon. R. Timothy McCarthy Trustee
Hon. Paul Catalano Trustee
ABSENT: Hon. Katherine Bestine 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 A LIST OF UNPAID VILLAGE TAXES FOR FISCAL YEAR 2012-2013.
Trustee Muscarella moved to approve a list of unpaid Village taxes for fiscal year 2012-2013. A copy is appended to these minutes for record purposes.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.
BOARD CONDUCTED A HEARING REGARDING BUILDING VIOLATIONS AT 69 EAST HAZELTINE 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 69 East Hazeltine Avenue.
Trustee McCarthy moved to open the hearing.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.
Building inspector Michael Berns stated that Michael McCarthy, property owner of 69 East Hazeltine Avenue, has had numerous violations. There is an accumulation of construction material, debris and firewood. Firewood must be placed five feet from any structure so as not to create a fire hazard. Mr. Berns added that there have also been reports of rodents and skunks on the property and that the problem is general property maintenance. Mr. Berns presented a photograph from earlier that day.
Mr. McCarthy stated that the debris has been removed and the firewood has been stacked. He added that there is still some debris there and that it would be gone by Monday. Mr. McCarthy referred to himself as a procrastinator.
The Mayor stated that for years Mr. McCarthy has been a good employee, but that there have been numerous complaints about his property dating back to the 1990’s. Mr. McCarthy has been in court and fined. The Mayor feels the property is a nuisance, a fire hazard and a health hazard.
Mr. McCarthy stated that he works a lot of hours. The Mayor replied that, dispite that, the property must be kept up and maintained. He is giving Mr. McCarthy fourteen days to bring the property up to code. Mr. McCarthy added that the construction debris has been removed in the back yard, but not from the front porch.
The Mayor asked Mr. McCarthy if he had a wood burning stove, to which Mr. McCarthy replied that he has one and it was professionally installed and cleaned. The Mayor expressed his concern for the neighbors.
Mr. McCarthy stated that he is not denying that there is a problem and that he understands the gravity of the issue and added that it will be cleaned up.
Mayor Mang asked if any one else wished to be heard. As no one wished to be heard, Trustee McCarthy moved to close the hearing.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.
DISPOSITION
Trustee Catalano moved to approve a resolution finding that the property at 69 East Hazeltine 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 December 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 McCarthy and adopted by a full vote in the affirmative.
A Roll Call vote was taken as follows:
Trustee Muscarella Voting Aye
Trustee McCarthy Voting Aye
Trustee Catalano Voting Aye
BOARD APPROVED AN AGREEMENT BETWEEN THE ERIE COUNTY DEPARTMENT OF SENIOR SERVICES AND THE VILLAGE OF KENMORE.
Trustee Catalano moved to approve an agreement between the Erie County Department of Senior Services and the Village of Kenmore, pertaining to the Senior Nutrition Program for 2013. 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.
BOARD TO APPROVE THE RE-APPOINTMENT OF RICHARD A. KUHNS TO THE EXAMINING BOARD OF PLUMBERS. Trustee Catalano moved to approve the re-appointment of Richard A. Kuhns to the Examining Board of Plumbers, with a term to expire December 2015.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.
BOARD TO APPROVE THE RE-APPOINTMENT OF JOSEPH AQUINO TO THE EXAMINING BOARD OF PLUMBERS.
Trustee Muscarella moved to approve the re-appointment of Joseph Aquino to the Examining Board of Plumbers, with a term to expire December 2015.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.
BOARD APPROVED THE APPOINTMENT OF ANDREW MANG AS SUPERINTENDENT FOR THE DEPARTMENT OF PUBLIC WORKS.
Trustee Muscarella moved to approve the appointment of Andrew Mang as Superintendent for the Department of Public Works, effective November 21, 2012.
Seconded by Trustee McCarthy and adopted by a full vote in the affirmative.
Mayor Mang congratulated Mr. Mang who noted that he was looking forward to his tenure as the Department of Public Works Superintendent.
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 pertaining to bids for a sander and chassis for the Department of Public Works, 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 RESOLUTION IN SUPPORT OF CONTINUED FUNDING FOR ERIE COUNTY’S VECTOR AND PEST CONTROL PROGRAM.
Trustee Catalano moved to approve a resolution in support of continued funding for Erie County’s Vector and Pest Control Program, 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.
BOARD APPROVED A SPECIAL STREET DESIGNATION ON EAST HAZELTINE AVENUE.
Trustee Muscarella moved to approve a special street designation on East Hazeltine Avenue for Gerda Weissmann Klein, a former holocaust survivor who resided on East Hazeltine Avenue. The signage is to read "Gerta Weissmann Klein - The Blue Rose Lane.
Seconded by Trustee Catalano and adopted by a full vote in the affirmative.
BOARD APPROVED THE APPOINTMENT OF BRIANNA J. VALENZUELA AS A REGULAR PART-TIME CLERK/TYPIST FOR THE CLERK/TREASURER’S OFFICE, EFFECTIVE NOVEMBER 26, 2012.
Trustee Muscarella moved to approve the appointment of Brianna Valenzuela of 86 McKinley Avenue, as a regular part-time Clerk/Typist for the Clerk/Treasurer’s office at a pay rate of $15.00 per hour, effective November 26, 2012.
Seconded by Trustee McCarthy 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 November 20, 2012, in the amount of $200,252.90; General Fund $76,471.59; Water Fund $49,637.70; Sewer Fund $74,143.61 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 wished to be heard.
Michael Donnelly of 32 Allegany, wanted an update on the property at 22 Allegany Avenue.
Building Inspector Michael Berns stated that he is not sure the homeowner has the rest of the funding needed to complete the project. The west side windows had to be re-ordered as the replaced windows were too small to meet building codes. Mr. Berns added that the west side can’t be sided until the new windows have been insulated.
Mayor Mang reassured Mr. Donnelly that the Village hasn’t lost sight of the issue and that most of the work is done, the siding is 40% to 50% done and the Village of Kenmore is actively monitoring the situation. The Mayor added that the first floor is finished so the Village is willing to give more time. He also noted that the owner is due in court in December and that any issues remaining open will be addressed at the next board meeting.
Mr. Donnelly agreed and complimented Mr. Berns for having open communication.
The Mayor also noted that this was the last board meeting for Village Attorney Daniel Novak, and thanked him for eight years of service.
As no one else wished to be heard, the meeting was adjourned.
The next meeting of the Board of Trustees will be December 4, 2012 at 8:00 p.m. at the Municipal Building.
Kathleen P. Johnson, Esq.
Village Clerk/Treasurer