Village of
New York Mills
Oneida County, NY

March 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

Mayor Maciol introduced our two new part time police officers, Bruce Elderkin and Kevin Voce to everyone and welcomed and thanked them for coming.

Public Hearing - LL #3 for 2009 - 3 Henderson Street Zone Change

Trustee McCoy made a motion seconded by Trustee Bialek to open the public hearing at 7:02 PM.  Mayor Maciol read the public notice.

In reference to JT Properties notice for a zone change, we have a written response from our Planning Board from 2/26/09 stating they recommend the zone change.

Oneida County Planning Department - 239 regulations - gave their stamp of approval on the zone change request.

The Laundromat is a permitted use in Commercial 1 (C-1).

Mayor Maciol turned the meeting over to JT Properties to present the project to all present.

Mark Nassif - 9 Henderson St - asked what distance the fence will be from the road. It will be approximately 16 feet.  Questioned the snow removal due to having no extra room in the parking area.  They stated they would haul the snow away and it won't be blocking the driveway.

Mike Baiguini - 9 Crescent Drive - also had a snow removal concern along with sewer concern.  Our sewers already have major problems.

Mayor stated that the connection is allowable and our problem is ground water seeping into our pipes.  Doesn't feel this will cause any issues.

Mike is also concerned with security - it may turn into a hang out, should not be open 24 hours.

Tim responded that a staff member will be there 24/7, they really don't have any security problems with any other stores.  They have security cameras and large windows.  We don't want people just hanging around.  They have a no loitering policy.

Mike is also concerned with the park and the safety of the children.

Mayor stated the issue is a zone change and the Laundromat is a permitted use in C1.

Mark asked what the other two businesses would be. Not known at this time but looking for something like a nail or hair salon, H & R Block, Curves, subway, businesses along that line.

Rose Nassif - 5 Henderson Street - we are diminishing residences with businesses. What is the purpose of 24 hours?

Due to the fact that we don't live in a 9 to 5 world anymore, people do their laundry at all hours.

Mayor said the vacant lot is a non conforming lot and a house could not be built on it.

This project will add value to the properties in the area.

Tony Mitchell - 83 New Hartford Street - will this zone change set precedence for other vacant lots for zone change?

Mayor replied that we don't know if there are any other lots like this one - this zone change is for this specific lot only.

Mark asked about the lighting on the building due to the house at 5 Henderson is a two story house.

Tim replied that they will use down draft lights - if the lights bother you or shine into your windows we will adjust them.

Trustee Semeniak - we have to move forward and dress up the area and encourage others to move forward.  Police presence is around 24/7.

Trustee Jarosz - sounds like a pretty classed company and agrees it will dress up the area.

Mrs. Nassif - feels we are losing our sense of community, agrees we need to beautify our community but a laundry does not bring that. 

Trustee Bialek inquired about the security.  Surveillance is in house. Don't have "hot buttons" but could look into it.  They will not have a TV there, employees will be on the floor greeting customers and cleaning.

Trustee Bialek feels it is very important that the residents are comfortable with this project. Feels open 24/7 is a concern.

Jim replied that it is not a high volume business.  People do laundry at odd hours; it is not a huge business at night but a convenience for those that don't have 9 to 5 jobs.

Trustee McCoy - the corner presently is pretty sad and understands their concerns.  It would be a plus for a small business to join the area and bring back the ice cream. He understands the security concerns and feels the owners are very willing to work with the residents.

Mike - feels there may be traffic concerns with the buses and cars and increased traffic.

Trustee Bialek told them to keep in mind that you can have a live fence also.

Resolution 27-2009 - Trustee Semeniak made a motion seconded by Trustee McCoy regarding the SEQR review that the proposed action will not have any significant unmitigated and negative environmental impact regarding the zone change.

Resolution 28-2009 - Trustee Semeniak made a motion seconded by Trustee McCoy to change the zoning of 3 Henderson Street from Residential (R-1) to Commercial 1 (C-1).

Roll call vote:                          Trustee Bialek                         No

                                                Trustee Jarosz                          Yes

                                                Trustee McCoy                       Yes

                                                Trustee Semeniak                    Yes

                                                Mayor Maciol                          Yes

Motion passed.

Trustee Semeniak made a motion seconded by Trustee McCoy to close the public hearing at 7:55 PM.


No one


Trustee Semeniak made a motion seconded by Trustee Bialek to approve Abstract #10; General vouchers A523-A576 in the amount of $88,269.67 and Library vouchers L096-L101 in the amount of $1,161.03 for a total of $89,430.70.

Trustee Jarosz has the following concerns:

•ü  Northern Safety $451.00 for vests, couldn't wait to new budget to purchase?  Dave Neary explained the presents vest were not safe they did not meet the current standards of Class 2 vests.  Do we need 24?  They get soiled; need them for the summer help.  Trustee Semeniak reminded everyone we need to watch our spending - two memos have been put out.

•ü  Midstate charges many "bench check unit" - these are for the Fire Dept pagers.

•ü  Bio Key - permission for this was given at February meeting.

•ü  Piluso's - inspection $20.00 - charges for new headlight and signal. Can't the Highway check these things?

•ü  Utica Mack - bolts for plow truck $341.70. Joe replied that when at plow truck breaks we need the bolts fast.

•ü  The holder snow thrower had breakdowns that cost close to $2,000 to repair. Joe said the auger bearing went, all the bearings were worn, and many parts were worn and needed replacing.

•ü  Trustee Semeniak asked if Engine 1 breakdown was insurance related - NO

•ü  Trustee Bialek is looking into sending oil samples from the fire trucks out periodically to be checked.

•ü  Trustee Semeniak stated we need the repair history for the Fire and Police vehicles also.

Trustee Semeniak made a motion seconded by Trustee Jarosz to accept the February Treasurers report as presented.

Trustee Semeniak made a motion seconded by trustee McCoy to accept the minutes of the February meeting as presented.


Recreation - Trustee McCoy reported progress on the summer concerts which will begin June 2nd.   Joe Angerosa will be play at the Bell Festival July 10th. The New York Mills Historical Society booked four refreshment dates.

Spoke with an Officer from the Sheriff's Department regarding painting the club houses. Will do a walk through.

Will be accepting applications for park attendants and director.

Police - Chief Palmer gave his report. Trustee Jarosz asked if he would have an officer walk through the Library occasionally, sometimes there are behavior problems.

No major repairs on any police vehicles. Made some schedule changes taking in mind the union contract stating they need a months' notice for any changes.  Chief is checking all shifts.

The Heart Run went very well even with the power outage and water main break. Next year we need to make sure they have a trail car for the walkers.

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

Highway -Joe gave his report which is on file in the Clerk's Office.  Joe asked permission to get an estimate for work on the Highway overhead doors.  Please get an estimate in writing and bring it to the board.  Trustee Bialek asked Joe to look into a maintenance contract for the any doors that have rollers in the Highway, Police and Fire Dept, for maintenance every few months.

Trustee Bialek made a motion seconded by trustee Semeniak to approve the Highway report.

Fire Department - Trustee Bialek reported Engine 1 is back in service and feels the bill was very reasonable.

Resolution 29-2009 - Trustee Bialek made a motion seconded by Trustee Semeniak to approve Joseph M. Davies as a new member of the Fire Dept.

Mayor stated the Town of Whitestown is requesting a meeting with the Mayors to draft next year's fire contract which he prefers the Fire Commissioners attend this meeting.  Trustee Bialek will contact the other Fire Commissioners for their input; Mayor will attend if he is needed to.

Code Enforcement - Dave thanked the board for his award at the Council of Villages Dinner.

He checked the maximum occupancy in our local establishments before the heart run.  Attended mandatory Codes training last week.

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

Engineer - Al reported our Federal Stimulus submittal was turned down and we are filing an appeal.  He has reduced some work and adjusted the figure to 3.4 million.

Sanitary Sewer Rehab - reviewed the televising for sewers on Henderson and Clinton Streets. Trustee Jarosz made a motion seconded by Trustee Bialek to give Al permission to go to bid on the sewer repairs.

MS4 Stormwater annual report is due in May. There is a heavier emphasis on quantities.  Audits are being conducted with DEC scheduling 2 for this coming year.  The Sauquoit Creek Basin cleanup day is Saturday April 18th.

Had a meeting with the railroad regarding the wood trestle near Clinton Street that will be removed and filled in and also the crossing at Garden, Church and Greenman will get work.

Mayor stated an additional sewer line on Clinton Street needs to have a dye test done immediately.  Al, Joe and Ken will take care of.

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

Attorney - nothing


Benderson/Royal Brook Lane Concerns - Benderson is trying to finish their close-out and Councilwoman Krupa contacted Ken Bart for any concerns they may have.  Ken responded that there are still issued with the buffer, noise, lights, and snow removal.

Grievance Recommendations - Assessor John Meagher reviewed this year's grievances. 

Resolution 30-2009 - Trustee Semeniak made a motion seconded by Trustee McCoy to go with the assessor's recommendation of no changes on parcels 3.423 & 10.795 from Broad Street Warehouse and 9.270 from Dave Neary and to reduce parcel 7.507 from Burrstone Associates to value agreed to for past two years in stipulation in order when provided.

OCIDA Hearing - there will be a public hearing for funding for Oriskany Manufacturing here on April 9th at 9AM and at Butler Hall on April 13th at 9 AM.

Mud Creek - Article 15 permit for DEC dredging the creek pending approval from the Sauquoit Creek Basin.

Sauquoit Creek Clean Up - scheduled for Saturday April 18th at 8 am for our third year.

Generator Agreement - Resolution 31-2009 - Trustee Bialek made a motion seconded by trustee McCoy to allow the Mayor to sign the planned maintenance agreement for our generator.

Purchasing Reminder - A second notice has been sent out, if it is not necessary don't buy it without board approval.

Tobacco Free Recognition - received a plague from Smoke Free Mohawk Valley that is hanging in the lobby.

NYCOM Main St Training - April 30th in Canandaigua, if interested let Clerk know.

Census Update - received a booklet telling where the 2010 census is at and what we need to do.

Thank you - from employee Tom Guca.

Light Poles - we have been notified that a free standing light pole was taken down by a motor vehicle accident on Commercial Drive that is in our jurisdiction.  We have found out that the light poles were turned over to the municipality's years ago.  We will have the pole replaced by a private contractor and the persons insurance will cover the expense in full.

Grant Resolution - Resolution 32-2009 - Trustee Semeniak made a motion seconded by Trustee Bialek for the following resolution:

WHEREAS, in 2007, the possible consolidation of police services by the Town of Whitestown together with the villages of New York Mills, Oriskany, Whitesboro and Yorkville was studied under a grant from the Oneida County District Attorney's office; and

  WHEREAS, the grant determined that the possibility existed for such a consolidation to occur; and

WHEREAS, the study raised additional questions and issues relative to the actual implementation of the consolidation.

NOW THEREFORE BE IT RESOLVED THAT the VILLAGE OF NEW YORK MILLS supports the submission of a 2008-2009 High Priority Planning grant application to the State of New York Department of State for a maximum of Fifty Thousand ($50,000) Dollars for further study of the Whitestown Municipal Police Merger Study; and be it further

RESOLVED that the Town of Whitestown is hereby recognized as the lead agency for the purposes of submission of the grant application and that Town Supervisor Charles R. Gibbs, II is authorized and directed to submit said application and execute all financial and/or administrative processes relating to the grant program; and be it further

RESOLVED that the 10% local share for the grant will be shared among all applicants who will enter into an Intermunicipal agreement as required upon award of the grant.


Stimulus Update - see Al's report

Police Consolidation Update - the purpose of the grant is to get answers to questions that the villages and towns have.

Intermunicipal Sewer Agreement - Al will be getting figures ready.

NYRI - the OD is keeping us updated.

Sewer Fees - Al did a study and feels our amount are adequate.

Newsletter - reminder newsletter articles are due March 20th.


Trustee McCoy - nothing

Trustee Bialek - was not aware of the light poles- National Grid replaces the light bulbs can we request LCD bulbs?  Need to look into to see if we have any say.

The computer for the tax program and been installed in the Clerk's office, spent around $1,000.

Trustee Jarosz - would like executive session for a personnel matter.

Trustee Semeniak - asking the Commissioners to watch their departments spending.

Trustee Semeniak made a motion seconded by Trustee Bialek to close the regular meeting and enter into executive session to discuss a personnel matter at 9:30 PM.

Trustee McCoy made a motion seconded by Trustee Jarosz to close executive session with no action taken and reopen the regular meeting at 9:56 PM.

Trustee McCoy made a motion seconded by Trustee Jarosz to adjourn the meeting.

Mayor Maciol adjourned the meeting at 9:56 PM.

                                                                                    Respectfully submitted,

                                                                                    Sharon A. Guca

                                                                                    Village Clerk/Treasurer