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Category: 2012

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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

 

　

Details

Written by Administrator

Category: 2012

Published: 10 January 2013

Hits: 2191

 

 

EXECUTIVE SESSION

 

 

Board of Trustees Municipal Building

Village of Kenmore November 6, 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 LITIGATION AND TWO FINANCIAL MATTERS.

 

Trustee Muscarella moved to go into Executive Session to discuss one litigation and two financial matters.

Seconded by Trustee McCarthy 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 

 

 

 

 

 

 

 

 

 

 

 

 

CORPORATION PROCEEDINGS

 

 

Board of Trustees Municipal Building

Village of Kenmore November 6, 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.  The Mayor presented an award to Police Chief Carl LaCorte and thanked him for forty-four years of service and dedication to the Village of Kenmore.

Trustee Catalano added that Chief LaCorte is the best Chief in Western New York; that he has worked with him for thirty-five years and that he is well respected throughout the community.  The Mayor noted that, since becoming mayor, he has especially appreciated Chief LaCorte’s input; that he always felt confident and secure knowing that Chief LaCorte headed the Kenmore Police Department.

Chief LaCorte added that it has been an honor to serve the Village of Kenmore and he is sad to leave, but thrilled to leave the Village in good hands.  

 

BOARD APPROVED THE APPOINTMENT OF KEVIN HASSETT AS A PERMANENT FULL-TIME EMPLOYEE FOR THE DEPARTMENT OF PUBLIC WORKS, EFFECTIVE NOVEMBER 2, 2012.

 

Trustee McCarthy moved to approve Kevin Hassett of 39 East Hazeltine Avenue as a permanent full-time employee for the Department of Public Works.

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

 

 

 

BOARD APPROVED A RESOLUTION PERTAINING TO THE ANNUAL AUDIT OF THE VILLAGE OF KENMORE JUSTICE COURT.

 

Trustee Bestine moved to approve a resolution pertaining to the annual audit of the Village of Kenmore Justice Court.

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

 

 

BOARD APPROVED AND GRANTED PERMISSION TO POLICE OFFICER JOANNE DAVIS TO ATTEND A SEMINAR.

 

Trustee Catalano moved to approve and grant permission to Police Officer Joanne Davis to attend a seminar entitled “Being Trauma Informed Improves Criminal Justice Response”, December 7, 2012, at Hilbert College, with expenses.

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

 

 

 

BOARD APPROVED THE CLASSIFICATION OF VARIOUS DEPARTMENT OF PUBLIC WORKS EQUIPMENT AS SURPLUS.

 

Trustee McCarthy moved to approve the classification of the following Department of Public Works equipment as surplus:

1.) 2000 Freightliner ten ton dump truck

2.) 1999 Dodge Pickup

3.) 1999 Dodge Van

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

 

 

 

BOARD APPROVED AND AWARDED A BID PERTAINING TO THE KENMORE FIRE DEPARTMENT AIR FILTRATION SYSTEM TO AIR CLEANING SYSTEMS, INC.

 

Trustee Bestine moved to approve and award a bid pertaining to the Kenmore Fire Department Air Filtration System to Air Cleaning Systems, Inc., as the lowest qualified bidder with a bid price of $71,887.00.

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

 

 

BOARD APPROVED THE APPOINTMENT OF PETER J. BREITNAUER AS PROVISIONAL POLICE CHIEF FOR THE KENMORE POLICE DEPARTMENT, EFFECTIVE NOVEMBER 20, 2012.

 

Trustee Muscarella moved to approve the appointment of Peter J. Breitnauer of 35 Delwood Avenue as Provisional Police Chief for the Village of Kenmore, effective November 20, 2012, at an annual salary of $100,836.00.

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

Chief Breitnauer thanked the Board and his family.  He also wished to thank the Board of 1984 which first appointed “a thirty-eight year old Fire Chief”.  Assistant Chief Breitnauer also thanked the Police Department and added that Kenmore has the best Police Department in Western New York.

Mayor Mang commented that as one great Chief is exiting, another one is coming forward.  He noted that the Village of Kenmore is so proud of our police force and offered his thanks for his past leadership.  The Mayor added that it is great that the new chief grew up and lives in the Village of Kenmore.

Carl LaCorte then pinned the Chief of Police badge on Police Chief Breitnauer.

 

 

 

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 6, 2012, in the amount of $712,583.50; General Fund $474,081.87; Community Development Fund $45,511.00; Capital Fund $4,676.75; Water Fund $84,775.61; Sewer Fund $103,538.27 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.

As no one wished to be heard, the meeting was adjourned.

The next meeting of the Board of Trustees will be November 20, 2012 at 8:00 p.m. at the Municipal Building.

 

Kathleen P. Johnson, Esq.

Village Clerk/Treasurer

Details

Written by Administrator

Category: 2012

Published: 18 March 2013

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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

Details

Written by Administrator

Category: 2012

Published: 10 January 2013

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EXECUTIVE SESSION

 

 

Board of Trustees Municipal Building

Village of Kenmore October 16, 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 THREE PERSONNEL AND TWO FINANCIAL MATTERS

 

Trustee McCarthy moved to go into Executive Session to discuss three personnel and two financial 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 McCarthy 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 October 16, 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 AND GRANTED PERMISSION TO THE BUILDING INSPECTOR, PART-TIME BUILDING INSPECTOR, CODE ENFORCEMENT OFFICERS, PLUMBING INSPECTORS, AND ELECTRICAL INSPECTOR TO ATTEND A BUILDING OFFICIALS EDUCATION CONFERENCE.

 

 

Trustee Muscarella moved to approve and grant permission to Building Inspector Michael Berns, Part-time Building Inspector Patrick Phillips, Code Enforcement Officers Richard Maisano, Robert Moreland, Jr., Kenneth Butkowski, Dale Clear, Plumbing Inspectors William Ippolito and Joseph Aquino, and Electrical Inspector Loreto Colaiacovo to attend the Niagara Frontier Building Officials Educational Conference on January 28-30, 2012, at the Millennium Hotel, in Cheektowaga, with expenses.

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

 

 

 

 

 

 

 

October 16, 2012

 

 

BOARD APPROVED AND GRANTED PERMISSION TO THE RESIDENTS OF ARGONNE DRIVE TO HOLD A HALLOWEEN BLOCK PARTY.

 

 

Trustee McCarthy moved to approve and grant permission for the residents of Argonne Drive, between Colvin Boulevard and Hiler Avenue to hold a Halloween Block Party on Saturday, October 27, 2012 at the request of Kristen Merz.

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

 

 

BOARD APPROVED A RESOLUTION REGARDING AN EMPLOYEE’S SICK BANK DESIGNATION.

 

 

Trustee Catalano moved to approve a resolution regarding an employee’s sick bank designation.

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

 

 

 

BOARD APPROVED THE PUBLICATION OF A LEGAL NOTICE REGARDING A HEARING TO TAKE PLACE ON DECEMBER 4, 2012, PERTAINING TO PROPOSED CHANGES TO DELAWARE AVENUE TRAFFIC PATTERNS.

 

 

Trustee Muscarella moved to approve the publication of a legal notice regarding a hearing to take place on December 4, 2012 pertaining to proposed changes to Delaware Avenue traffic patterns, 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 THE APPOINTMENT OF SUSAN HOWLEY AS AN ACCOUNT CLERK FOR THE VILLAGE OF KENMORE’S CLERK/TREASURER’S OFFICE.

 

 

Trustee McCarthy moved to approve the appointment of Susan Howley of 1689 Bush Road, Grand Island, as an Account Clerk for the Village of Kenmore’s Clerk/Treasurer’s office at an annual salary of $31,618.00, effective October 17, 2012.

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

 

 

 

BOARD APPROVED A RESOLUTION CONCERNING FINAL ACCEPTANCE OF FEDERAL AID AND PROJECT COMPLETION OF THE DELAWARE AVENUE STREETSCAPE PROJECT.

 

 

Trustee Muscarella moved to approve a resolution concering final acceptance of federal aid and project completion of the Delaware Avenue Streetscape Project and authorize the Clerk/Treasurer to certify same.

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

 

 

BOARD APPROVED AND GRANTED PERMISSION TO THE BUILDING INSPECTOR AND SENIOR CLERK TYPIST TO ATTEND THE IPS USER GROUP MEETING, ON OCTOBER 26, 2012 IN PENFIELD, NEW YORK.  

 

Trustee Catalano moved to approve and grant to Building Inspector Michael Berns and Senior Clerk Typist Jan Clear to attend the IPS User Group Meeting, in Penfield, New York, on October 26, 2012, with expenses.

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 October 16, 2012, in the amount of $216,905.36; General Fund $86,893.53; Water Fund $401.68; Sewer Fund $129,610.15 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.

As no one wished to be heard, the meeting was adjourned.

The next meeting of the Board of Trustees will be November 6, 2012 at 8:00 p.m. at the Municipal Building.

 

Kathleen P. Johnson, Esq.

Village Clerk/Treasurer