Village of
New York Mills
Oneida County, NY

November 13, 2007: Regular Board Meeting


Mayor Maciol called the regular board meeting to order at 7:05 PM followed by the pledge to the flag and roll call.


Present:  Mayor Maciol, Trustee Baryla-White, Trustee Bialek, Trustee Jarosz and Trustee Semeniak



Christine Krupa - 504 Main Street - regarding the zone change, presented the board with written Notice of Protest statements from Main Street residents against the zone change.  She hopes the board will take this into consideration while making their decision.


David Julian - 44 New Hartford Street, feels the handicap parking is not being enforced.  He would like to see the Police check the driver's license to the number on the handicapped permit to make sure the proper person is using the permit.  Feels the cars are doing more than 30 mph on New Hartford Street and we need more radar to enforce the speed limit.  We need to look into the signage situation, some signs fit the area and some are big and way out of proportion.  Commented about the Veterans Day garbage collection.


Dr. Stan Rosinski - 170 Main Street, asked the board to consider making a seasonal amendment to LL#8 for 2007 from May to September.  Trustee Semeniak would consider discussing it.   Trustee Bialek would also consider it but would like more discussion on it.




Trustee Jarosz made a motion seconded by Trustee White to accept Abstract #6; General vouchers A305-A380 in the amount of $53,750.06 and Library vouchers L050-L060 in the amount of $4,363.80 for a total of $58,113.86.


Trustee White made a motion seconded by Trustee Semeniak to accept the Treasures report as presented.  Check numbers for October: payroll 6488-6556, general 11198-11260.


Trustee White made a motion seconded by Trustee Semeniak to accept the minutes of the October 9th board meeting.


Trustee Semeniak made a motion seconded by Trustee White to accept the minutes of the October 23rd public hearing.



Recreation - Trustee White reported on Holiday on Main Street, everything going well.  Need to winterize the parks.  Trustee Semeniak commented on the good job to you and your staff for all the work.


Police - Mayor gave report in Chief's absence.  Report is on file in the Clerk's office.  Police Department will be checking roads for missing No Parking signs.  Mayor commented on the November 8th robbery at Hess Gas Station.  It was a very good job done by many Police


Departments.  Trustee White made a motion seconded by Trustee Semeniak to accept the written Police report.


Highway - Trustee Jarosz gave the report in Joe's absence.  Report is on file in the Clerk's office.  Trustee Bialek reported the CM-274 went for a total of $3,950.00 at the auction.  Hope to have good communication between the Highway and Police when the snow comes.  Will have Joe put a lock on the 9-11 gate for the winter.  Trustee White made a motion seconded by Trustee Semeniak to accept the Highway report.


Fire Department - Trustee Bialek has put together and delivered the call stats to the Town of Whitestown for our fire contract.  He has requested a 3% increase in the 2008 fire contract money which would give us approximately $117,562.53.  Trustee Bialek is waiting for a public hearing date on the fire contracts; he will follow up on it.  Engine 2 and Truck 1 are back in service from repairs.


Code Enforcement - Dave out of town, no report.


Engineer - Al reported Hillside Drive is having recurring blockages.  Shamrock sewer found a protruding lateral which they determined to be the cause of the problem.  Shamrock will come and grind the protrusion.


Attorney - in court will be here soon.



Demolition Program - received information regarding demolition of municipal owned property during the months of December to March, applications must be submitted no later than November 30th.


Bake Sale - Trustee Semeniak made a motion seconded by Trustee Jarosz to allow the NYM 6th grade class to hold a bake sale in the municipal building lobby during Election Day March 18, 2008.


NYS OFSC Training Seminar - fall 2007 Teleconference, let clerk know if interested.


Community Center - in reviewing the bills the Division of Housing has shifted the construction cost of the plumbing and heating of the Community Center over to us in the amount of $5,726.00.


Sewer Bid Results - the following bids were opened at 3pm for Al to review:


Base Bid

Alt #1

Alt #2

National Water Main Cleaning




Shaner Pipe Service





 Al recommends the Base Bid and Alt #1 from National Water Main Cleaning be accepted up to the amount of $18,000.


Trustee Semeniak made a motion seconded by Trustee Jarosz to award the bid to National Water Main Cleaning at the base bid of $11,779.70 and the Alternate 1 bid not to exceed the total price of $18,000.


County Sewer Advisory Committee Appointment - Trustee Bialek made a motion seconded by Trustee White to appoint Joe Urban as our Representative, this is a non-paying position.


Newsletter reminder - need remaining articles by Wednesday November 14th.


Audits - Mayor sat with Village Clerk and Court Clerk to review annual audits.  Trustee Semeniak made a motion seconded by Trustee Jarosz to accept the audits from the Village Clerk, Tax Collection, and Village Court for 2006/2007 as of 8/31/07.  These audits will be attached to the minutes.



Zone Change - all board members have the Notice of Protest package presented by Christine Krupa with ten Main Street residents' signatures.


Mayor read a letter from Broad Street Warehouse, Michael Fitzgerald.


Mayor stated that in 2004 we started a Master Plan Committee made up of the Village Board, Planning Board, Zoning Board of Appeals, Code Enforcement Officer, Village Engineer and Village Attorney.  A look at rezoning was discussed even before Oriskany Manufacturing was thought of.  A part of the master plan was to change the 2 Wurz Ave area from PD to PM. 


Some concerns are:  NYRI, parking, stormwater issues, and financial impacts.


Mayor read a memo from the Planning Board recommending the change from PD to M-1.


Trustee Semeniak feels strongly about changing the zoning to M-1.


Trustee Jarosz stated that based on the residents feelings, he goes with the residents.


Trustee White would like to know what Oriskany Manufacturing would do if they outgrow the area and what if the board votes no.


Trustee Bialek stated the building should never have been built there.  Feels Oriskany Manufacturing can do everything they want in a PD zone. He is also with the residents; they fought and won years ago.


Mayor Maciol would like to know the reason why the residents signed the Notice of Protest - for what reason and why are they against.


Chris Krupa stated everyone is aware of what they signed; they don't want the door to be open with anyone to come in without village control.


Tom Rowlands asked if we know what the village will receive in finances.


Mark Mojave stated along with paying village taxes they will also bring in sales tax.  They do not have an application for tax reduction.


Trustee Semeniak stated their proposed building will raise our tax base 3½ %.


Trustee Bialek stated the project can still happen without a zone change.


Mark stated there are no environmental issues at this time.


Trustee Bialek reminded them this is not about Oriskany Manufacturing, this is about a zone change and residents feelings.


Tom Rowlands asked if the zoning is changed, what control does the village have.


Mayor Maciol stated we have our village codes that they have to follow and the NYS Property Maintenance Codes.


Mark responded that wherever we end up we will take pride in our property.  We will provide a site-plan review with the Planning Board, a hedge row will be planted between the property lines, and they will abide by all the laws.


Trustee Semeniak made a motion to change the zoning from PD to M-1.

No second was obtained, therefore the motion was lost.


Shared Municipal Grant - this grant is specifically for public works.   A street sweeper/storm sewer cleaner is the machinery being looked into.  The Villages of Oriskany and Whitesboro are not interested, but Yorkville is.

The Village of Yorkville agrees to house and pay and maintain the equipment because they need a new street sweeper.

Trustee Semeniak likes the idea of sharing this equipment with the 10% cost to be split by both villages.

Trustee Bialek stated that the towns have never refused to come in and do our sewer cleaning when asked and we have a good street sweeper.  Maybe we need to look at another piece of equipment or pass on this.

Trustee Semeniak disagrees with Trustee Bialek - we have an opportunity to move forward on sharing equipment and we should take advantage of this grant.

Trustee Bialek disagrees with Trustee Semeniak.

Trustee Jarosz stated we had a major sewer issued with the New Hartford end of the village and the Town of New Hartford came to help at no charge. 

Trustee White made a motion seconded by Trustee Semeniak to look at another piece of equipment that they both need.  The grant deadline is December 10th.


Community Center - board reviewed the draft policy to allow strictly non-profit organizations to use the center.  Trustee White made a motion seconded by Trustee Semeniak to adopt the draft copy of the Community Center rules and regulations.


Municipal Building Air Conditioning - we need a mechanical engineer to look into the air conditioning unit, Al recommends Bob Kernan from Kernan Engineering.  Mayor will contact him.


I & I Plan - Oneida County will manage the bank with the amounts of water removed from the sanitary system.


NYRI Update - Mayor gave board a time line update.



Received a thank you from the family of JC Waszkiewicz.

PBA is sponsoring its 1st Annual Awards Dinner in December.

Mayor attended a school in public nuisance today, very interesting.

We need to enact handicap signs at the community center; we can start the process next month.



Trustee Baryla-White - would like to congratulate John Maciol for obtaining his medals from World War II.

Trustee Bialek - they have started checking Christmas lights. Would like to have the Highway Dept put up the pole ornaments starting November 19th.  Glad we received a good response from Waste Management/Rite-Aid.  Congratulations to Christine Krupa on her election to the Town of New Hartford board.


Trustee Jarosz made a motion seconded by Trustee White to adjourn the meeting at 9:30 and enter into executive session to discuss pending litigation.


Trustee Bialek made a motion seconded by Trustee Semeniak to adjourn executive session and reopen the board meeting at 9:54 pm.


Trustee Bialek made a motion seconded by Trustee Semeniak to authorize the Village Attorney to advise our insurance company's assigned attorney that the village will agree to a $13,000 settlement (a $5,000 deductible) in the case of Moreale vs. the Village of New York Mills with the agreement that there was no wrong doing by our police department and that this decision is based on the potential severe financial impacts on the village if it were pursued further.


Trustee Bialek made a motion seconded by Trustee Semeniak to adjourn the meeting.

Mayor Maciol adjourned the meeting at 9:56 pm.


                                                                                    Respectfully submitted,



                                                                                    Sharon A. Guca

                                                                                    Village Clerk/Treasurer