EXECUTIVE SESSION

 

　

Board of Trustees Municipal Building

Village of Kenmore December 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, ONE LITIGATION AND TWO EMPLOYMENT MATTERS.

Trustee McCarthy moved to go into Executive Session to discuss one financial, one litigation and two employment 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

ANNUAL MEETING

 

Board of Trustees Municipal Building

Village of Kenmore December 4, 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 Mang. Mayor Mang led the Pledge of Allegiance.

 

BOARD APPROVED THE VILLAGE BOARD RULES OF PROCEDURE.

 

Trustee McCarthy offered the following resolution covering Village Board Rules of Procedure and moved its adoption:

 

RULES FOR PREPARATION OF AGENDAS FOR PUBLIC BOARD MEETINGS

AND FOR AUDITING VOUCHERS

 

1. Meeting Agendas will be delivered to the homes of Board Members late afternoon on the Friday prior to the regular public Board Meeting.

2. Trustees and Department Supervisors wishing to have items included on such agendas must submit them to the Village Clerk-Treasurer no later than 2:00 p.m. on the Friday prior to the regular public Board Meeting.

3. Additional agenda items not submitted in accordance with No. 2 above may be added on the meeting day with the approval of three members of the Board of Trustees.

4. (a) Each Trustee is obligated to audit the vouchers at his or her own leisure prior to the public Board Meeting at which they are to be approved for payment.

(b) The Village Clerk-Treasurer will have such vouchers available for audit by Board Members in the Mayor's Office no later than 5:00 p.m. of the day of the public Board Meeting. 

 

PUBLIC BOARD MEETING RULES OF PROCEDURE

1.Trustees or audience members will be permitted to speak when recognized by the Mayor, or in his absence, the Deputy Mayor.

2. Discussion or debate of Agenda items will begin only after a motion has been made and seconded. The Order of Recognition for speaking on a "question" for Trustees shall be in the same order of roll call voting, except that the Trustee who introduces the motion shall be given the first privilege of the floor. No Trustee shall be permitted to speak on a "question" after it has been voted on except to change his or her vote prior to the vote result being announced.

3. The Order of Roll Call voting shall be as follows:

Trustee Salvatore C. Muscarella

Trustee Katherine Bestine

Trustee R. Timothy McCarthy

Trustee Paul Catalano

4. Constructive audience input will continue to be invited prior to submitting the motion to a vote by the Board of Trustees. Questions, for clarification purposes, will also be permitted from audience members prior to such vote being taken. Upon conclusion of audience comments and discussion, the Board of Trustees will proceed with final disposition. The Mayor, at his may initiate a time limit for audience comment, and/or limit audience participation to one comment per audience member.

　

PROCEDURES FOR CONVENING AND CONDUCTING

NON-REGULARLY SCHEDULED VILLAGE BOARD MEETINGS

 

Special non-regularly scheduled meetings of the Board of Trustees may be called by the Mayor or by any three Trustees by causing a written notice specifying the time and place thereof to be served upon each member of the Board personally at least two hours in advance, or by leaving a notice at his residence or place of business with some person of suitable age and discretion at least 24 hours before the time of the meeting or by making such notice at least 72 hours before such meeting, and that all such meetings shall be in conformance with the requirements of New York State's Open Meeting Law, Rules and Regulations.

Seconded by Trustee Bestine and adopted by a full vote of all members present.

 

BOARD APPROVED MAYORAL APPOINTMENTS TO VARIOUS POSITIONS FOR ONE-YEAR TERMS TO EXPIRE DECEMBER 1, 2013.

 

Trustee McCarthy moved to approve the Mayoral one-year appointments of the following persons:

Prosecuting/Deputy Attorney Eugene P. Adams, Esq.

Legal Liaison Kathleen P. Johnson, Esq.

Acting Justice Andrew Miller, Esq.

Registrar Kathleen P. Johnson, Esq.

Deputy Registrar Gail Higgins

Deputy Clerk Gail Higgins

Village Historian Edward Adamczyk

Seconded by Trustee Catalano and adopted by a full vote of all members present.

 

BOARD APPROVED THE MAYORAL TRUSTEE APPOINTMENTS TO VARIOUS POSITIONS.

 

Trustee Bestine moved to approve the following Mayoral appointments of Trustees:

Deputy Mayor Trustee McCarthy

Water & Sanitation/Sewer Commissioner Trustee McCarthy

Public Works & Public Utilities Commissioner Trustee McCarthy

Commissioner of Administration & Finance Trustee Catalano

Deputy Police/Juvenile Aid Bureau Commissioner Trustee Catalano

Deputy Fire Commissioner Trustee Bestine

Community Development Commissioner Trustee Muscarella

Commissioner of Kenmore Community Center Trustee Bestine

Building Department Commissioner Trustee Muscarella

Housing Authority Liaison Trustee Bestine

Seconded by Trustee Muscarella and adopted by a full vote of all members present.

 

BOARD APPROVED THE MAYORAL APPOINTMENTS OF TRUSTEES TO VILLAGE BOARD COMMITTEES.

 

Trustee Catalano moved to approve the following Mayoral appointments of Trustees to various Village Board committees:

Insurance Trustee Catalano & Trustee Bestine

Tax & Property All Board Members

Grievance Committee Trustee Catalano & Trustee McCarthy

Capital Expenditures Trustee Muscarella & Trustee McCarthy

Negotiating Committee Trustee Muscarella & Trustee Bestine

Seconded by Trustee McCarthy and adopted by a full vote of all members present.

 

BOARD APPROVED THE DESIGNATION OF TIME AND PLACE OF BOARD MEETINGS.

 

Trustee Muscarella moved to approve the designation of the time and place of Village Board Meetings as the first and third Tuesday of each month, with the exception of meetings which fall on holidays where Village offices are closed, in which case the meeting will be cancelled. The meetings will be held at 8:00 p.m. in the Council Chambers, in the Municipal Building.

Seconded by Trustee Bestine and adopted by a full vote of all members present.

 

APPROVED THE DESIGNATION OF FIRST NIAGARA COMMERCIAL BANK AS THE OFFICIAL DEPOSITORY FOR THE VILLAGE OF KENMORE.

 

Trustee Bestine moved to approve First Niagara Commercial Bank to be designated the official depository for the Village of Kenmore for the remainder of Fiscal Year 2012-2013, and for Fiscal Year 2013-2014 through December 1, 2013.

Seconded by Trustee Catalano and adopted by a full vote of all members present.

BOARD APPROVED THE INVESTMENT POLICY FOR THE VILLAGE TREASURER FOR THE REMAINDER OF THE 2012-2013 FISCAL YEAR AND FOR FISCAL YEAR 2013-2014 THROUGH DECEMBER 1, 2013.

Trustee Bestine offered the following resolution and moved its adoption:

WHEREAS, the Village of Kenmore in the course of the next fiscal year will have funds not immediately needed for the purposes of the Village, and

WHEREAS, such funds may be temporarily invested in order to obtain interest thereon, which interest can be used for the benefit of the Village of Kenmore, and

WHEREAS, the General Municipal Law Section 11 authorizes the Board of

Trustees of the Village to authorize the Treasurer to temporarily invest such idle funds,

NOW, THEREFORE BE IT

RESOLVED, that the Treasurer of the Village of Kenmore is hereby authorized and directed to invest the funds of the Village of Kenmore which are presently on hand and which will hereafter come into her hands and which in her opinion, are not immediately needed for purposes of the Village of Kenmore in Treasury Bills, Certificates of Deposit and Money Market (N.O.W.) or other similar accounts authorized to do business in New York State, and be it further

RESOLVED, that all investments shall be fully secured by insurance of the Federal Deposit Insurance Corporation or by obligations of New York State or obligations of the United States or obligations of federal agencies the principal and interest of which are guaranteed by the United States, or obligations of New York State local governments. Collateral shall be delivered to the Local Government or a Custodial Bank with which the

Local Government has entered into a Custodial Agreement. The market value of collateral shall at all times equal or exceed the principal amount of the certificate of deposit, and be it further

RESOLVED, that within sixty (60) days of the end of each of the four quarters of the fiscal year, the Clerk-Treasurer shall prepare and submit to the Board of Trustees a quarterly investment report which indicates new investments, the inventory of existing investments, and such other matters as the chief fiscal officer deems appropriate.

Seconded by Trustee McCarthy and adopted by a full vote of all members present.

 

BOARD AUTHORIZED THE CLERK/TREASURER TO SELECT AND EMPOWER PAYING AGENTS TO DESTROY PAID MUNICIPAL OBLIGATIONS.

 

Trustee Muscarella offered the following resolution and moved its adoption:

RESOLVED, that the Village Clerk-Treasurer be and she hereby is authorized to select and empower various paying agents from time to time to destroy evidences of paid municipal obligations which have been duly canceled, such destruction and cancellation to be carried out pursuant to the applicable regulations of the Office of the State Comptroller.

Seconded by Catalano and adopted by a full vote of all members present.

 

BOARD TO ISSUE ADVANCE APPROVAL OF CLAIMS FOR CERTAIN RECURRING CHARGES.

 

Trustee Catalano offered the following resolution and moved its adoption:

WHEREAS, Section 5-524(6) of the Village Law provides the Board of Trustees may, by resolution, authorize payment in advance of audit of claims for certain recurring charges such as public utility services, postage, freight and express charges and obligations for contracts and agreements that have been approved by the Board,

NOW, THEREFORE BE IT

RESOLVED, that the Board of Trustees does hereby authorize payment in advance of audit of claims for certain recurring charges and empower the Clerk-Treasurer to process payment to the appropriate claimants.

Seconded by Trustee Bestine and adopted by a full vote of all members present.

BOARD GRANTED AUTHORIZATION TO PURCHASE ON STATE AND COUNTY CONTRACTS.

Trustee McCarthy moved that the Village Board authorize the Village of Kenmore to purchase on State and County contracts for the remainder of fiscal year 2012-2013 and for fiscal year 2013-2014, through December 1, 2013.

Seconded by Trustee Muscarella and adopted by a full vote of all members present.

BOARD APPROVED THE DESIGNATION OF THE KEN-TON BEE AND TONAWANDA NEWS/KEN-TON RECORD ADVERTISER AS THE OFFICIAL NEWSPAPERS FOR THE VILLAGE OF KENMORE

 

Trustee Muscarella moved that the Ken-Ton Bee and the Tonawanda News/Ken-Ton Record Advertiser be designated as official newspapers for the Village of Kenmore.

Seconded by Trustee Bestine and adopted by a full vote of all members present.

 

BOARD GRANTED APPROVAL FOR VILLAGE OFFICIALS TO ATTEND OFFICIAL MEETINGS OF VARIOUS ASSOCIATIONS, CONFERENCES, SEMINARS AND SCHOOLS.

Trustee McCarthy moved that Village officials be authorized to attend various official meetings in Erie County Village Officials Association, Municipal Administrative Officers Association of Erie County, Association of Erie County Governments, Niagara Frontier Building Inspectors Association, Erie County Association of Town Superintendents

of Highway, NYS Conference of Mayors and NYS Government Finance Officer meetings, conferences, seminars and schools during the remainder of Fiscal Year 2012-2013 and for Fiscal Year 2013-2014 through December 1, 2013, with expenses.

Seconded by Trustee Catalano and adopted by a full vote of all members present.

 

BOARD APPROVED A STANDARD WORK DAY AND REPORTING RESOLUTION.

Trustee Muscarella moved to approve a Standard Work Day and Reporting Resolution for Village Justice Scott Riordan, a copy of which is appended to these minutes for record purposes and will be posted for thirty (30) days.

Seconded by Trustee Bestine and adopted by a full vote in the affirmative.

 

BOARD APPROVED AN AGREEMENT BETWEEN THE VILLAGE OF KENMORE AND SPRINT/NEXTEL.

Trustee Bestine moved to approve a Cell Tower Termination Agreement between the Village of Kenmore and Sprint/Nextel, 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 AN AGREEMENT BETWEEN THE VILLAGE OF KENMORE AND COVANTA NIAGARA L.P.

Trustee McCarthy moved to approve an agreement pertaining to solid waste disposal between the Village of Kenmore and Covanta Niagara L.P., 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 PUBLICATION OF A LEGAL NOTICE CALLING FOR A HEARING REGARDING LOCAL LAW #6, 2012 ENTITLED "LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT".

Trustee Bestine moved to approve the publication of a legal notice calling for a hearing on December 18, 2012 regarding local law #6, 2012, entitled "Local Law to Override the Tax Levy Limit". A copy of which is appended to these minutes for record purposes. The law will allow the Board to override the property tax cap for the 2013-2014 budget.

Seconded by Trustee Catalano and adopted by a full vote in the affirmative.

 

BOARD APPROVED A RESOLUTION REGARDING A VILLAGE EMPLOYEE’S LAST DAY OF EMPLOYMENT.

Trustee Muscarella moved to approve a resolution designating December 16, 2012 as the last day of employment for a Village of Kenmore employee. Said employee has been approved for a performance of duty disability and ordinary retirement by the New York State Retirement System.

Seconded by Trustee Bestine 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 December 4, 2012, in the amount of $1,575,627.81; General Fund $1,453,765.89; Water Fund $71,597.73; Sewer Fund $50,264.19 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.

The Mayor recognized Michael McCarthy of 69 East Hazeltine Avenue.

Mr. McCarthy noted that he had cleaned up his property and that there are no existing violations.

The Mayor thanked Mr. McCarthy for cleaning up his property and told Mr. McCarthy to make sure it stays clean and safe. The Mayor emphasized that the action taken by the Board stems from neighbor complaints and to respect the Board and the neighborhood you live in by keeping up your property.

Trustee Catalano recognized the Department of Public Works for the beautiful Christmas tree on the municipal green. He added that it was exceptional.

Dan Dean of 66 McKinley Avenue inquired as to where he can get specifics on agenda items. Mr. Dean was informed that he may obtain a copy of the minutes from the Clerk/Treasurer’s office or on the Village’s website.

Jonathan Rizzo of 62 LaSalle Avenue, questioned the restriping of Delaware Avenue and wondered when the public hearing would take place.

The Mayor explained that he met with the Department of Transportation briefly to discuss and review proposed plans with department heads. Once the plans are finalized there will be a public hearing.

Mr. Rizzo feels that drivers have no respect for the Village and added that Delaware Avenue is dangerous and he hopes there will be changes.

As there were no other questions or comments, the meeting was adjourned.

The next meeting of the Board of Trustees will be December 18, 2012 at 8:00 p.m. at the Municipal Building.

 

Kathleen P. Johnson, Esq.

Village Clerk/Treasurer