Village of
New York Mills
Oneida County, NY

February 10, 2009: 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

Public Hearing Broadstreet Warehouse/Oriskany Manufacturing Technologies

Resolution 14-2009 - Trustee Semeniak made a motion seconded by Trustee McCoy to declare the Village of New York Mills lead agency for the SEQR review form.

Trustee McCoy made a motion seconded by Trustee Semeniak to open the public hearing at 7:10 pm.

Mayor Maciol read the legal notice and gave a brief summary of what has brought Oriskany Manufacturing here tonight.  Oriskany Manufacturing has reapplied for at zone change to M-1.

Mayor Maciol truly believes and supports this project along with bringing new jobs and revenue sources.

•Ø  The Planning Board submitted a written recommendation stating they are in favor of the zone change.

•Ø  In 2007 the Oneida County Board of Legislators designated the 2 Wurz Ave area of Oriskany Manufacturing as an Empire Zone.

•Ø  Boulder Associates submitted an engineer's report approving the grading of the sanitary sewer project.

•Ø  NYS DOT stated in August 2007 that the information they had before them was acceptable.

•Ø  The 239 form to Oneida County Planning was an approved use in the M-1 zoning.

•Ø  On 8/14/07 the first public hearing was held, the village board 4-1 declared a negative declaration on the SEQR review.  No second on the motion, no vote was taken.

•Ø  On 10/23/07 a second public hearing was held and a vote was taken.  The vote of 3-2 defeated the zone change.

•Ø  Received a memo 10/12/93 from the Oneida County Planning regarding our zone map, they suggested we change PD zones to designate what that area should be.

Carl Dziekan representing Oriskany Manufacturing stated on 1/13/09 they filed for a zone change.  Since 1973 the property at 2 Wurz Ave has been used as manufacturing and they are requesting the zoning be changed to M-1.

Christine Krupa - 504 Main Street presented petitions from residents from 492-530 Main Street who are not in favor of the zone change. According to her, this represents over 20% of the property owners surrounding the proposed zone change area. Christine stated that the legal notice is incorrect, Oriskany Manufacturing is not the applicant, Broad Street Warehouse is.

Christine asked who makes up these companies, are they the same people?  Is Mr. Fitzgerald an owner of Oriskany Manufacturing?  YES.  Is he an owner of Boardstreet Warehouse?  Not sure if he is listed as an owner.  Who is the owner?

Carl Dziekan - the Wurz family does not own the property.

Christine - Oneida County has Wurz listed as owners.

Christine stated that Broad Street Warehouse purchased the Wurz land 12/27/06 and the formation of Broad Street Warehouse LLC was done in 8/06 which was before they purchased the land.  She would like to know who owns Broad Street Warehouse LLC.

Carl stated the Wurz family has no connections to this property.

Village Attorney Borrill stated section 7-708 of the Village Law - Super Majority - states that an engineer report or survey along with documentation proving the people signing the petitions meets the requirements.  The burden is on Chris to supply all pertinent information.

Christine asked Trustee McCoy how he would feel is someone put a factory 50 feet from one of his children's bedrooms.  Trustee McCoy stated that it depends on what kind of factory, but wouldn't be a problem.  Christine asked if your wife would like it, Trustee McCoy replied she is not here to ask.

Gary Markowicz - 56 Greenman Ave inquired about the apartment house located at 504 Main Street and has asked Code Enforcement Officer Neary to look at it and asked the Village to do something about the condition of it.

Mayor Maciol stated that is a separate issue.

Joe Hammond - 490 Main Street asked for the names on the petitions and stated his house is within 100 feet of the property.

Joanne Moskal - 514 Main Street, not in favor of the expansion and hopes the board thinks this over, feels they are not being straight forward.

Janet LaPota - 530 Main Street, against the zone change, not in her backyard.

Tom Legg - 1760 Burrstone Road, is a company employee of Oriskany Manufacturing.  It is a very safe and clean business.  It is not an eye sore and he would like to see them build.

Richard Panella - 58 Henderson Street, has done business with Mike Fitzgerald and there are not any chemicals used by Oriskany Manufacturing Company.  We need tax dollars, we need jobs, we have a mix of residential and businesses, does not see this as an issue.

Carl asked to move to a vote, questions and statements are getting repetitive from previous meetings.

Christine inquired about the Empire Zone and a tax base.

Mayor Maciol stated there is no tax break on the Village's level.  This is a different topic from this hearing, they are totally separate.

Attorney Borrill asked Christine what tax maps are you using for your 20%?  She replied the tax maps from the Town of New Hartford and explained how she arrived at her 20% figure.

Trustee Jarosz welcomes them to New York Mills but is disappointed that they never mentioned that the property is not rectangle and that expansion was never mentioned on the commercial side which is not close to the neighbors.

Trustee Semeniak feels they make good products and that we will gain a tax base.  He is ready to move forward and realizes we will have challenges.  In favor of zone change.

Trustee Bialek stated we have tough economic times now.  Feels that they purchased the property knowing the limitations and that 12 years ago we went to court and won.  He feels sorry for the residents.  A law suit has been filed against the residents and threats have been made.  These homes have been in some of these families for many generations, my heart is with these people.  Does not agree with Trustee Semeniak for tax revenue.  They already have paperwork to reduce their assessments.  Also agrees with Trustee Jarosz.  It was not a unanimous recommendation from the Planning Board.  Manufacturing will always be manufacturing - zoning will always be there - no matter what company moves in.  Does not want these jobs to come at the expense of these residents.

Trustee McCoy stated he has been a resident of the village all his life.  We cannot turn away a good company with good jobs.  My wife would also be in favor.

Trustee Bialek noted the error in advertising of the public hearing and would like to see the vote held in regards to that.

Mayor Maciol stated that delaying the vote will not change someone's vote and further court actions will most likely take place.

Trustee Bialek asked the other trustees if they are willing to vote.

Trustee Jarosz said he is not changing his feelings anyway.

Trustee Semeniak made a motion seconded by Trustee McCoy to close the public hearing at 7:58 PM.

At this time Mayor Maciol asked Village Engineer Al Swierczek to review part 2 of the SEQR form for zone change only.  Mayor Maciol read the same questions that were read and answered at the last zone change and asked Village Engineer Swierczek if are answers are still no in his opinion. Village Engineer answered Yes.

Resolution 15-2009 - Trustee Semeniak made a motion seconded by Trustee McCoy to declare a negative declaration.

Resolution 16-2009 - Trustee Semeniak made a motion seconded by Trustee McCoy to grant the zone change request of Oriskany Manufacturing Technologies/Broadstreet Warehouse to M-1, taking out parcel 317.014-1-1 owned by Oneida County Legislators due to residents within 500 feet of that parcel not being notified.

Roll call vote:                          Trustee Bialek                         No

                                                Trustee Jarosz                          No

                                                Trustee McCoy                       Yes

                                                Trustee Semeniak                    Yes

                                                Mayor Maciol                          Yes

Motion passed.

Mayor stated we will take a 10 minute recess from 8 pm to 8:10 pm.

Public Hearing LL#1 for 2009 - Demolition

Mayor read the legal notice.  Trustee Jarosz made a motion seconded by Trustee Bialek to open the public hearing at 8:14 PM.  Mayor explained the reasons for the law.

Gary Markowicz inquired about what if a fence of bushes in place of wire or wood fence is erected, what is the correct distance from the sidewalk?

Codes Officer Neary stated it would have to be two feet back from the iron pipe marker.

Gary asked what happens if this house is demolished and the area turned into a parking lot.  Mayor Maciol replied that permission would not be granted to remove the house.

Mayor Maciol stated that presently we have nothing in our present code regarding demolition, he endorses this law.

Trustee Semeniak thanked Dave for his good work on this law.

Trustee Jarosz stated that Dave & Bill did their homework.

Trustee Bialek is comfortable with this law.

Trustee McCoy feels this fill in any holes in the law.

Resolution 17-2009 -Trustee Jarosz made a motion seconded by Trustee McCoy to adopt Local Law #1 for 2009 as presented with the stipulation that the current moratorium will stay in place until this local law is approved by the state, then the moratorium will cease.

Roll call vote:              Trustee Bialek                         Yes

                                    Trustee Jarosz                          Yes

                                    Trustee McCoy                       Yes

                                    Trustee Semeniak                    Yes

                                    Mayor Maciol                          Yes

Motion passed.

Trustee McCoy made a motion seconded by Trustee Jarosz to close the public hearing at 8:25 pm.


Eleanor Woods -4908 Henderson Street is concerned that OW Hubbell is dumping snow next door to her house on the property of Mrs. Jagiello.  She is concerned about flooding due to warm weather coming. They are trucking snow from the Commercial Drive location to this location. If they do not have permission from the property owner, they are in violation of section 171-15 of our village law.  Codes Officer Neary stated he has spoken to OW Hubbell and they have verbally agreed to remove the snow.


Trustee Semeniak made a motion seconded by trustee McCoy to accept Abstract #9; General vouchers A459-A522 in the amount of $110,769.91, Library vouchers L086-L095 in the amount of $4,544.43 for a total of $115,314.34

Trustee Semeniak made a motion seconded by Trustee McCoy to accept the January Treasurer's report as presented.

Trustee Semeniak made a motion seconded by Trustee McCoy to approve the minutes of the January meeting with trustee Bialek's change for the January minutes to reflect the vote of December 12th to approve authorization to pay for the school lights is void.


Recreation - will be finishing up the concert schedule.

Police - Chief Palmer publicly thanked Sgt. Soja for his help in the transition and stated he has been absolutely instrumental in helping him.

He has interview several Police Officers for part time work and would like to hire two part-time police officer to fill in the vacancies in shift times.

Resolution 18-2009 - Trustee McCoy made a motion seconded by Trustee Bialek to hire Bruce Elderkin and Kevin Voce as part-time police officers pending approval from Civil Service.

The Police Department has not had any major repairs; oil changes and tire checks have been done regularly.

Chief Palmer told the board that he will be submitting at bill for $3,180.00 for BioKey for the computer system they will be using in the police cars.

Chief Palmer thanked the board members for their time.

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

Fire Department - Trustee Bialek reported the First Alert System has been installed in the Fire House and the bad equipment has been taken out.  Truck One has been certified.  Engine One is down and appears to possibly have a blown motor and had to be towed back to the Fire House.  It will be towed to Syracuse tomorrow for repairs.

Code Enforcement - Dave gave his report which is on file in the Clerk's office.  Trustee Jarosz made a motion seconded by Trustee Bialek to approve the Codes report.

Engineer - Al reported that submittals have been made for the Federal Stimulus package for four road related projects.  We have received tapes and data of the cleaning and televising of a number of sewers on RT 5A, Henderson and Clinton from Shamrock Sewer Services.  The televising data is being reviewed and the scope of the next sewer sealing/rehab project is being finalized. We received a draft intermunicipal agreement with the Town of New Hartford to be reviewed.  The town would pay for $61,400 worth of work in return for our sewer credits.  Trustee Semeniak made a motion seconded by trustee Jarosz to approve the engineer report.

Attorney - nothing


Henderson St. Zone Change for Colonial Laundromat - They are interested in purchasing the Byrne Dairy property on Henderson Street to convert it into a Laundromat and two small businesses.  Mayor introduced Tim O'Connor and his architect Peter Crissey to explain the project.  They would like to demolish the existing building and rebuild using both #1 and #3 Henderson Street.  #1 Henderson Street is zoned C-1 and #3 Henderson Street is zoned R-1.  They believe they meet all the land requirements.  They will have an entrance on Henderson Street along with curbing and sidewalks on Clinton Street.  Resolution 19-2009 -Trustee Semeniak made a motion seconded by Trustee McCoy to schedule a public hearing for a zone change from R-1 to C-1 for #3 Henderson Street on March 10, 2009 at 7 PM.  They will attend the Planning Board Meeting on Thursday February 26th.  Resolution 20-2009 -Trustee McCoy made a motion seconded by Trustee Jarosz to declare the Village of New York Mills lead agency on the SEQR review.  A 239 request will be sent to the County.

ADA/FMLA Briefing - Bond, Schoeneck & King, PLLC will hold Breakfast Briefings regarding changes to the ADA and FMLA rules.  If interested check with the Clerk for dates and areas in which the meetings are being held.

Acting Library Tech Adjustment - Resolution 21-2009 -Trustee Bialek made a motion seconded by Trustee Semeniak to give Nancy Carey a pay adjustment to $10.25 per hour for the time she is filling in Pat Urban position from 1/1/09 until a new Library Tech is hired.

Library Tech Appointment - Resolution 22-2009 - Trustee Bialek made a motion seconded by Trustee Semeniak to appoint Rosemary Manley as the Library Tech PT at the yearly rate of $18,000.  She has already been approved by the County.

Sewer Fee Revision 162-31 - table until the March meeting for further information from our Village Engineer.

Stimulus Package Request - Al reported submittals have been prepared for four related projects being:  #1 - Main Street Reconstruction in the amount of $4,460,000,

#2 - garden Street Realignment in the amount of $89,000,

#3 - Beech Place Reconstruction in the amount of $70,000, and

#4 - sidewalk reconstruction in the amount of $63,000.

 Also for two sewer related projects:   

#1 - Flow Management Plan for Henderson Street area in the amount of $118,000 and

#2 - Pulaski Street Sewer Replacement in the amount of $95,000.

BOCES - Shared Services - we have an opportunity to join in a shared services grant program for shared transportation facility with no financial commitment from us.  Resolution 23-2009 - Trustee Semeniak made a motion seconded by Trustee McCoy to become a partner on the Grant.

SOCCOG Membership - Carolyn Williams was present to explain about SOCCOG (Southern Oneida County Council of Government) which is block development grant dealing with historic preservation and others.  Meetings are being held in March in Whitesboro and Tug Hill.  Mayor stated there is no financial commitment to become a member.  Resolution 24-2009 - Trustee Jarosz made a motion seconded by Trustee Bialek to approve our membership in SOCCOG.

April Newsletter Articles - please have articles to Clerk by March 20th.


Tax Bill Program - Trustee Bialek stated we need to get the Version 4 program for our taxes.  We will need to purchase a standalone computer; the charge for installing the program is $116.00 and a yearly maintenance fee of approximately $1,000.  Resolution 25-2009 -  Trustee Bialek made a motion seconded by Trustee McCoy to purchase the equipment along with the software and look into the annual license fee.

Police Consolidation Update - will discuss at the Council of Village meeting in Yorkville on March 11th.  County Executive will also attend the meeting.

School Lights - NYS DOT agreed to install two lights put not power or yearly maintenance.  The school board has asked us to help pay one of the expenses.  The power bill is the least expensive of the two.  Trustee Bialek feels it should be shared with the school district and not just the village.  Trustee Jarosz feels were are very cooperative with the school and do a lot for them.

Resolution 26-2009 -Trustee Semeniak made a motion seconded by Trustee McCoy to pay the power bill for the school lights.

Roll call vote:              Trustee Bialek                         No

                                    Trustee McCoy                       Yes

                                    Trustee Jarosz                          No

                                    Trustee Semeniak                    Yes

                                    Mayor Maciol                          Yes

Motion passed.

NYRI - powerline may be pulling their application in March, will keep everyone up to date.

Heart Run & Walk - there will be a Kids Walk at New York Mills School on Saturday February 28th.

Whitesboro sidewalk issue - the sidewalk issue is over.


Trustee Bialek - we should keep the sidewalk issue alive with showing their employees how to work the machine and just charge for the machine and vice versa.

Trustee Jarosz - nothing

Trustee McCoy - nothing

Trustee Semeniak - nothing

With no further business Trustee Semeniak made a motion to adjourn the meeting.

Mayor Maciol adjourned the meeting at 10:18 pm.

                                                                                    Respectfully submitted,

                                                                                    Sharon A. Guca

                                                                                    Village Clerk/Treasurer