Village of
New York Mills
Oneida County, NY

September 09, 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 Bialek, Trustee Jarosz, Trustee McCoy and Trustee Semeniak

Also Present: Highway Supt Joe Cotrupe, Codes Officer Dave Neary, Village Engineer Al Swierczek, Planning Board Member John Montrose, Village Attorney William Borrill


Gary Markowicz - 56 Greenman Ave, interested to find out what the new owners of 44 Greenman Ave are going to do with the property.  Codes Officers stated we have no definite plans before us.  Also concerned with the zoning on the lot by the railroad tracks that Di-Hiway owns, reminded the board that that property is not in the village but in the Town of Whitestown.

Would like to know why the Di-Hiway trucks are not using the Commercial Drive entrance they are still using Greenman Ave.

Also asked how the Oriskany Manufacturing case is looking, Mayor stated it is pending litigation as yet.


Trustee Semeniak made a motion seconded by Trustee Jarosz to accept Abstract #4; General vouchers A184-A244 in the amount of $59,210.84 and Library vouchers L038-L043 in the amount of $3,012.24 for a total of $62,223.08.

Trustee Semeniak made a motion seconded by Trustee Bialek to approve the August Treasurer's report. August check n umbers: payroll 7245-7324, general 11889-11960.

Trustee McCoy made a motion seconded by Trustee Jarosz to accept the minutes of the August 12th regular board meeting.


Recreation - Trustee McCoy reported the summer parks program ended August 15th.  They had 23 children attend the Enchanted Forest trip and 30 children attend the end of the year picnic.  He is finishing up on the Annual reports that are due October 1st.  Holiday on Main Street will be Sunday December 14th at 5 PM.

Police - no report

Highway - Joe gave his report which is on file in the Clerk's office.  Trustee Bialek made a motion seconded by trustee Semeniak to approve the Highway report.

Fire Department - Trustee Bialek reported the Town of New Hartford Fire District will be going into negotiations soon.

The lights in all our buildings need to be looked at for possible future replacement.  Trustee Semeniak stated he is waiting for the results of the energy study which he should have in a few days. The lights were part of it.

He has not had any correspondence on last year's Town of Whitestown fire study as yet.

Mayor received a letter from Country Club Court Apartments praising our firemen.

Code Enforcement - Dave gave his report which is on file in the Clerk's office. Dave asked if he can legally issue Oriskany Manufacturing's building permit. Village Attorney asked if it meets the M-1 criteria.  Trustee Bialek questioned the pending litigation. In the attorneys opinion the permit can be issued.  The indemnity clause needs to be discussed with their attorney Carl Dziekan.  Mr. Fitzgerald is looking for a time frame and deadline for our legal opinion.  Our attorney will put a legal opinion in writing along with a letter to Dave to issue the permit.  Dave stated he needs a copy of the general contractor's workmen's comp.

Dave has new triplicate forms for the multi-dwelling inspections.

Trustee McCoy made a motion seconded by Trustee Jarosz to approve the Codes report.

Engineer - Al reported Ocuto Blacktop is working on our 2008 paving. They ran into a problem with a drain structure that has collapsed on Main Street.  Al received a quote of $10,600 to fix the area.  Resolution 87-2008 -Trustee Semeniak made a motion seconded by Trustee Jarosz to add Option 2 to the contract at the amount of $10,600 due to this being an emergency situation, funds to be paid out of the Main Street account. Sanitary Sewer Rehab - National Grid will contact us with a date so we can close Henderson Street for the day.

Proposed 2008 programs: Manhole channels need work, will get prices from Environmental Infrastructure for repairs.  Need to televise storm sewer on Maple Street and Henderson & Clinton Streets.  Working on our intermunicipal agreement for sewer rehab with the Town of New Hartford for credits for the town.

Resolution 88-2008 - Trustee Jarosz made a motion seconded by Trustee Semeniak to allow Al to get quotes and bring them back to us for approval.  This is budgeted in our sanitary sewer account.

NYS DEC has received our compliance certification and annual report for March 10, 2007 through March 9, 2008 and has acknowledged that we have made good progress in meeting the requirements of the Phase II permit. Thanks Al for the good job!

Trustee Bialek made a motion seconded by Trustee McCoy to approve the Engineering report.

Attorney - Bill reported he would like to enter into executive for pending litigation.  He has not received the appraisal for the land on Mill Street.


NYCOM DPW Conference - will be October 20-23 in Saratoga.

9-11 Ceremony - will be this Thursday at 6:30 PM at the monument, be there at 6:15.

NYMPTSO - Resolution 89-2008 - Trustee Bialek made a motion seconded by Trustee Semeniak to approve the request from the PTSO to hang their craft fair banners.  Trustee Bialek will work out the details with Mrs. Spost.

Christmas Tree - we would like to thank Mr. Szczerba for donating a 12 foot pre-lit Christmas tree to the village.


Sitrin Project - there is a revised map from the Sitrin home where they removed Main Street completely.  Mill Street will be their frontage in which they will follow our codes for setbacks. Trustee Bialek would like to see a larger Main Street parcel and shift the footprint to be approximately 15 feet from Gordon's property if possible.  Resolution 90-2008 - Trustee Semeniak made a motion seconded by Trustee McCoy to proceed to prepare the legal documents for review.

NYRI Update - their application had been deemed complete, they have started the hearing process.  There will be a public hearing October 22nd at MVCC at 6 PM.  Resolution 91-2008 -Trustee Semeniak made a motion seconded by Trustee Jarosz to state that the Village of New York Mills strongly opposes this project unanimously.

ARMIC Associated Investigation - the investigation report is complete and has been delivered to the Mayor, the Mayor has delivered it to the Trustees.  The cost of the investigation was $2,031.05.  Mayor stated we must followed section 50-A of the  civil rights law, which states that personnel records for law enforcement officers and firefighters "shall be considered confidential and not subject to inspection or review without the express written consent of such police officer except as may be mandated by lawful court order".  Mr. Szczerba asked when will the taxpayers become aware of what's in the reports.  Mayor stated they can try to FOIL it but the FOIL will probably be denied due to section 50-A of the civil rights law.


•·         Thanked Joe Pacini and assistants for the baseball prep league they had this summer.

•·         Thanked Rick Surprenant for his summer basketball program.

•·         Working on a sanitary sewer issue at Pulaski Park.

•·         Received a fund raiser letter for breast cancer - village can't make donations, but if anyone would like to donate on their own he will give them the information.


Trustee Bialek - nothing

Trustee Jarosz - nothing

Trustee McCoy - nothing

Trustee Semeniak - has questions for executive session.

Trustee Semeniak made a motion seconded by Trustee McCoy to adjourn the regular board meeting and enter into executive session at 8 PM to discuss labor negotiations, personnel matter and pending litigation.

On a motion by Trustee Jarosz and a second by Trustee Bialek, the executive session ended at 9:38 pm with no action taken.

On a motion by Trustee McCoy and a second by Trustee Jarosz, the regular board meeting was re-opened.

Resolution 92-2008 - Trustee McCoy made a motion seconded by Trustee Semeniak to schedule a special board meeting on September 11th at 7:30 PM with the "Americ Investigation" on the agenda under old business.

On a motion by Trustee Bialek, and a second by Trustee Semeniak at 9:40 PM the board re-entered into executive session to discuss a pending litigation matter.

On a motion by Trustee Semeniak and a second by Trustee McCoy, the executive session ended at 9:51 PM with no action taken.

On a motion by Trustee Semeniak and second by trustee McCoy the meeting was adjourned at 9:52 PM.

                                                                                                Respectfully submitted,

                                                                                                Sharon A. Guca

                                                                                                Village Clerk/Treasurer

Executive session minutes taken by Mayor Maciol.