Village of
New York Mills
Oneida County, NY

February 12, 2008: Regular Board Meeting


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

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


Gary Markowicz - 56 Greenman Ave has questions for any board members:

Q. Has any board member(s) toured the Oriskany Manufacturing site?

A. several board members have.

Q.  Has anyone looked at the apartment building?

A. not the issue for this meeting.

Q.  Is everyone aware of the Observer-Dispatch articles?

A.  I'm sure they are.

Just wondering why the board is not voting in favor of this change - it's a good company.

David Julian - 44 New Hartford Street, would like to say that Holiday on Main Street was just wonderful and an enjoyable event.

Zone Change - Oriskany Manufacturing

Mayor Maciol reviewed the zone change and asked for public comment.

Dave Tutuska - 3648 Oswego Rd, Blossvale, has worked for Oriskany Manufacturing for 8-9 years and feels it would be a big mistake not to let his company grow.

Thomas Legg - 1760 Burrstone Rd, Utica also an employee of Oriskany Manufacturing feels this is a wonderful opportunity for the village.

Calvin Hickling - 6A Campbell Ave, also an employee of Oriskany Manufacturing, feels this is a great company and a great community.  Why you wouldn't want us to stay here is incomprehensible.

Joanne Moskal - Main Street stated the residents have not changed their feelings about the zone change.

Christine Krupa - 502 Main Street, the issue is not that we don't want Oriskany Manufacturing there; we don't want the zone change.  You knew the zoning when you bought the property.

Michael Fitzgerald - owner of Oriskany Manufacturing, continues to be accused of misrepresentation of his company -

            Employees - does not employ only 12

            He does own the property at 2 Wurz Ave

            He is not a member of the OCIDC.

Mayor Maciol - explained his feelings being a lifelong resident of the village.

•Ø  Job creation in our region,

•Ø  Positive impact with our tax base,

•Ø  Oriskany Manufacturing made several attempts to have people tour their facility,

•Ø  Has told the Planning Board and Village Board they will do whatever they have to do regarding the buffer between them and the residents,

•Ø  The Planning Board recommends the zone change 4 to 1.

Supports this project and continues to do so taking everything into consideration.

Trustee Semeniak - feels very strongly pursuant to the Planning Board recommendation and it will also improve our tax base. We need to vote on it.

Trustee Bialek - stated he did tour Oriskany Manufacturing and feels it's a fine company. Commends Oriskany Manufacturing for having workers come to the meeting - its important and great business.  Oriskany Manufacturing knew what the zoning was when they purchased the property and that the cement pad was illegal. The residents with back yards along the property line have history from 12 years ago when they fought Bonide from changing the zoning and won. Codes are put here for a reason and to have harmony in our village. His opinion has not changed on the zone change; he has no objection to expanding in the other direction.  Wants to keep harmony with Oriskany Manufacturing and the residents.

Mayor Maciol stated that the Planning Board asked about the addition in the other direction already, the railroad tracks are an issue along with parking.

Amy Topor - 500 Main Street parking should not be an issue, they were told the workers would be taking the bus.

Trustee White - we have been discussing this for three months, we owe it to them to make a decision.

Trustee Jarosz - spoke with Attorney Dziekan who is Oriskany Manufacturing's Attorney who asked what does the village want us to do?  Attorney Dziekan thought there was a 200' setback on the south side of the building also.

Paul Gaudieu - if they expand on the south side, parking would be on the neighbor's side.

Mike Fitzgerald - a zoning change must be made for them to do anything in this building.

John Meagher - stated that PD encompasses all development - 200 foot buffer is noted in PD with restrictions for residential zoning.

Dave Neary - there is a 200 foot setback between residential to commercial, 50 feet from commercial to commercial, and 50 feet from the railroad tracks.

Gary Markowicz - why can't we just let the village residents decide.

Mayor Maciol - our village law isn't set up that way.

Trustee Jarosz - asked Dave Neary that if they expand on the south side they only need to be 50 feet from the property line due to that side being commercial. They would be able to expand without a zone change

John Meagher - the 50 foot setback is correct for commercial to commercial. The Planning Board did look at expansion that way but found no opportunity to go by the tracks due to a sewer line by Fountainhead, would not be feasible.

Brian Underwood - questioned Bonide's change from PD to PM in 1995 which was denied due to the local law paperwork not being filed with the state.

Amy Topor - the only correspondence they received from Oriskany Manufacturing was a subpoena to find out why they signed the petition.  She does not want them as her neighbor.

Mike Fitzgerald - the people receiving the subpoena did not show. They still want to know why these people are against the zone change.

Dave Tutuska - understands the sensitivity, has to be some kind of tolerance with Oriskany Manufacturing.  In his opinion the village needs to grow.

Resolution 7 for 2008 -Trustee Semeniak made a motion seconded by Trustee White to approve the zone change requested by Oriskany Manufacturing from PD to M1 at 2 Wurz Ave pursuant to the recommendation of the Planning Board.

Roll call vote:              Trustee Bialek             No

                                    Trustee White              No

                                    Trustee Jarosz              No

                                    Trustee Semeniak        Yes

                                    Mayor Maciol              Yes

Motion declined.



Trustee Semeniak made a motion seconded by Trustee Jarosz to accept Abstract #9; General vouchers A489-A554 in the amount of $86,345.78, Library vouchers L078-L087 in the amount of $ 3,499.23 for a total of $89,845.01.  Voucher A520 was pulled from abstract, entered in error, not included in total.

Trustee Semeniak made a motion seconded by Trustee Jarosz to approve the January Treasurers report as presented.

Check numbers for January: payroll 6688-6789 general 11403-11464.

Trustee Semeniak made a motion seconded by Trustee White to approve the minutes from the January 8th meeting.


Recreation - Trustee White has two new bands for the summer.  Merrimakers would like to be included on refreshments this year.

Police - Chief Frankland gave his report which is on file in the Clerk's Office. He would like sell the 2001 and 2004 Chevy Impalas by sealed bids.  Resolution 8-2008 -Trustee Semeniak made a motion seconded by Trustee Bialek to sell the 2001 Chevy Impala and the 2004 Chevy Impala by sealed bids to be back to the clerk by 3PM on March 11th and to be opened at the board meeting at 7 PM.

Chief Frankland has two quotes for Evidence Storage Cabinets:

            Richard Kopec                        $ 675.00

            Allen Sprague                         $1280.00

Resolution 9-2008 - Trustee Semeniak made a motion seconded by Trustee Bialek to award the bid to Richard Kopec at the price of $675.00.  This has been allocated in the 2007/2008 buildings budget.

Trustee Semeniak made a motion seconded by Trustee Bialek to accept the written police report.

Trustee Bialek stated that he will be meeting with Officer Danella on Friday regarding the computer. 

Highway - Trustee Jarosz gave the Highway report which is on file in the Clerk's Office.  Highway had a break down yesterday with the plow truck.  Checked with the Town of New Hartford regarding getting our fuel with them, they will welcome us back and they have 24 hour access.  Resolution 10-2008 - Trustee Jarosz made a motion seconded by Trustee Bialek to go back to the Town of New Hartford for fuel upon approval from the Department Heads. 

Under the grant guidelines for the Community Center, the furniture and engineering costs are included along with the Ferris mower and a new pick-up truck for the Highway Dept.  Trustee Jarosz would like to upgrade the Ferris mower but we can't trade it in due to no state contract at this time.  After much discussion it was decided to go with a plow for the pick-up truck.

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

Fire Department - Trustee Bialek reported there is a fire study being done and within 60 days they should be awarding the fire contract monies based on the study.  The Fire Chief is having trouble with his computer, will be meeting with him.  Trustee Jarosz would like to look into a surcharge for false alarms with the Fire and Police Departments.  Mayor Maciol will get copies of other ordinances.

Code Enforcement - Dave gave his report which is on file in the Clerk's Office.  Oriskany Manufacturing is proposing to have indoor baseball activities at the 2 Wurz Ave site; they will need to come before the Planning Board.  Dave will schedule a walkthrough also.  He has begun multiple dwelling inspections.

Trustee Bialek made a motion seconded by Trustee Jarosz to accept the Codes written report.

Engineer - Mayor gave report in Al's absence.  Sanitary Sewer Rehab is still ongoing.  Al submitted a list of potential road, sanitary sewer, sidewalk, and drainage capital projects, with estimated costs for budget purposes.  Working on the "Safe Route to School" sidewalk repair/replacement grant.

Attorney - Inquired if we received a grievance from 10 Pulaski Street, which we have. 


New Fire Department Member - Resolution 11-2008 - Trustee Bialek made a motion seconded by Trustee Semeniak to approve probationary member Brad Hawver to the Fire Department.

Universal Broadband Grant - in the 2007/08 state budget, 5 million dollars was appropriated to support the Universal Broadband Access Grant Program.  2.5 million is available for increased physical access to broadband internet service statewide, and 2.5 million to provide equal and universal access to broadband internet services for underserved rural and urban areas including the Mohawk Valley.  Trustee Bialek does not recommend this for us.

US Army Corps of Engineers - conducting the Mohawk River Watershed Reconnaissance Study under authority of a resolution adopted on 9/20/06 by the committee on Transportation and Infrastructure of the US House of Representatives.  We received the questionnaire and will respond.

Summer Highway and Parks Positions - will post job openings for Recreation Director, Park Attendants, and Highway Summer Laborers with applications to be returned by March 11th board meeting.

Whitestown Justice Request - Judge Wolanin is no longer able to do arraignments at home and is requesting use of our court room after hours.  Resolution 12-2008 - Trustee Jarosz made a motion seconded by Trustee White to allow Judge Wolanin to use our court room.

Veteran's Park - Stan Babiarz has a flag for the Veteran's Park that was flow over Pearl Harbor in honor of Mr. Bator, it is 7' by 19'.  We will need a new flag pole to hold to hold the flag and the Lions Club has offered to install the pole.  Resolution 13-2008 - Trustee Semeniak made a motion seconded by Trustee Jarosz to allow Stan to head up the pole change to hold the new flag at no cost to the Village.

Trustee Bialek stated we need to consider lighting also.

Signal Maintenance - received a letter from NYS DOT regarding the Judd Road construction.  As of 2/11/08 the street lights have been turned back over to us.

Local Government Workshops - Let the Clerk know if anyone is interested in attending.

April Newsletter - please have articles to Sharon by Friday March 21st.

Election Inspector Pay - Resolution 14-2008 - Trustee Bialek made a motion seconded by Trustee Semeniak to pay each election inspector $80.00 per day.


Municipal Building Air Conditioning - still checking on it.

Police Consolidation Study - no reports have been given to us yet.

Bell - Firehouse - Trustee Jarosz is looking into it but we can't do anything until spring.

NYRI Update - the have planned alternate routes (underground).  We keep us updated.

Burrstone Road Traffic Concern - we asked for more lights for the school crossing due to the present ones not working and cars speeding.  They did not reply to our request but told us we need to remove our signs from their poles.  We did on 2/11/08.


•·         Budgets are due on or by Friday 2/15

•·         NYCOM - 2008/09 law if passed will eliminate our ability to determine village assessments.  Resolution 15-2008 - Trustee Bialek made a motion seconded by Trustee White to oppose this law.


Trustee Baryla- White - nothing

Trustee Bialek - nothing

Trustee Jarosz - nothing

Trustee Semeniak - nothing

Trustee White made a motion seconded by Trustee Jarosz to adjourn the meeting and enter into executive session to discuss a personnel matter.

Mayor Maciol adjourned the meeting at 8:57 PM. 

Trustee Semeniak made a motion seconded by Trustee White to close executive session at 9 PM with no action taken.

                                                                                    Respectfully submitted,

                                                                                    Sharon A. Guca

                                                                                    Village Clerk/Treasurer