Village of
New York Mills
Oneida County, NY
 Minutes 

May 28, 2008: End-of-Year Meeting

Body:
 

Mayor Maciol called the End-of-Year meeting to order at 7:05 followed by the pledge to the flag and roll call.

Present: Mayor Maciol, Trustee Bialek, Trustee Jarosz, Trustee McCoy, Trustee Semeniak

REGULAR BUSINESS

Trustee Semeniak made a motion seconded by Trustee McCoy to approve Abstract #12B in the amount of $26,996.04, general vouchers A720-A738.

END-OF-YEAR BUSINESS

Resolution 55-2008 -Trustee Bialek made a motion seconded by Trustee Semeniak to transfer $52,000 from the General Fund to the Fire Department Capital Reserve Fund per budget item.

Resolution 56-2008 -Trustee Jarosz made a motion seconded by Trustee Semeniak to authorize the Village Clerk to mail and collect all village taxes, sewer rentals and garbage charges for the 2008/2009 tax year.

Resolution 57-2008 -Trustee Semeniak made a motion seconded by trustee McCoy to allow Treasurer to transfer fund balances to overdrawn accounts.

Resolution 58-2008 -Trustee Semeniak made a motion seconded by Trustee Jarosz to allow Clerk to issue first two concert checks for June.

OTHER BUSINESS

Paving/Sewer Projects - Al presented his thoughts on paving work and sewer work for this budget year.  Resolution 59-2008 -After much discussion Trustee Jarosz made a motion seconded by Trustee Semeniak to pave Main Street from Porter to Elm and around the bend approximately 650 feet total; install a storm drain at 497 Main Street; repair or replace sewer structure at 8 Campbell Ave; and pave the area on Clark and 9th Streets.  Resolution 59-2008 - Trustee McCoy made a motion seconded by Trustee Jarosz to have Al put specs together and go to bid the week of June 9th with bids back to the Clerk by 2PM on July 8th to be opened at that time and possibly awarded at the 7 PM board meeting.

Smoke Free Parks Resolution - Resolution 60-2008 -Trustee McCoy made a motion seconded by Trustee Jarosz to adopt the following resolution:

The Village of New York Mills agrees to the adoption of the following resolution to create tobacco-free zones at local parks.

WHEREAS, smoking is responsible for the premature deaths of over 430,000 Americans each year from lung cancer, heart disease, respiratory illness and other diseases; and

WHEREAS, secondhand smoke is responsible for over 50,000 deaths among nonsmokers each year; and

WHEREAS, tobacco kills more Americans each year than alcohol, cocaine, crack, heroin, homicide, suicide, accidents, fires, and AIDS combined; and

WHEREAS, 80% of smokers started smoking before the age of 18, and the average initiation age is 12 years old; and

WHEREAS, everyday an estimated 3,900 young people under the age of 18 try their first cigarette and one-third of these children will die prematurely from tobacco related illnesses; and

WHEREAS, to help role model non-smoking behavior to children and youth; to provide children, youth and families with a safe, smoke-free environment;

THEREFORE, the Village of New York Mills, County of Oneida, and State of New York resolves as follows:

That the areas of parks where children are present including Pietryka and Pulaski Parks, public picnic areas, public sports areas, and public parking lots at the aforementioned two parks in the Village of New York Mills be designated as tobacco-free zones. 

Appropriate signage will be posted designating tobacco-free zones.

The Village Clerk shall certify to the adoption of the resolution.

This resolution will become effective on May 28, 2008.

Sidewalk Reimbursement - Resolution 61-2008 - Trustee Bialek made a motion seconded by Trustee Semeniak to change our sidewalk reimbursement amount to a flat rate of $4.00 per square foot for all thicknesses.

OLD BUSINESS

Mower Bids - Clinton Tractor met the specs and was low bidder for the Ferris IS3100 Commercial Mower.  Resolution 62-2008 - Trustee Jarosz made a motion seconded by Trustee Semeniak to purchase the Ferris IS3100 at the bid price of $8,637.00.

Discussion:  Trustee Bialek thought that when we originally discussed this purchase we said we were replacing and not adding to our equipment.  Feels we won't be able to maintain all our equipment.

Trustee Jarosz feel we need both mowers.

Trustee Jarosz made a motion seconded by Trustee Semeniak to keep both machines right now and if we decide we don't need one we will get rid of it.

Sitrin Update - our response was mailed on May 15th which has stopped the 40 day clock.  They are very interested in the property we suggested as an alternate site and there is a possibility they may make us an offer.  The Country Club Drive site is on hold at this moment.

TRUSTEE BUSINESS

Trustee Bialek - nothing

Trustee McCoy - has an organizational meeting scheduled with his park staff on June 3rd.

Trustee Semeniak - Memorial Day event was very nice.

Trustee Jarosz - stated two of the summer help started Tuesday and Wednesday.

Mayor Maciol thanked the Highway Department, Trustee Jarosz, Licia Jarosz and Ken Jarosz for all their help getting the flowers planted and parks ready for Memorial Day.

Mayor Maciol reported the new highway truck; Ford F-150 was delivered today. It will be paid for from grant money.

Trustee Jarosz made a motion seconded by trustee McCoy to close the meeting and enter into executive session at 7:58 pm to discuss pending litigation.

Trustee Bialek made a motion seconded by Trustee Semeniak to close executive session and reopen the meeting at 8:58 pm.

The executive session was to discuss the potential of spending funds for the Broad Street Warehouse/Oriskany Manufacturing Warehouse law suit.

Resolution 61-2008 - Trustee Bialek made a motion seconded by trustee Jarosz to retain Village Attorney William Borrill along with outside council to look into the history of the property and all past litigation on the property and answer all points of the complaint of Oriskany Manufacturing.

Roll call vote:              Trustee Bialek             Yes

                                    Trustee McCoy           No

                                    Trustee Jarosz              Yes

                                    Trustee Semeniak        No

                                    Mayor Maciol              No

Motion defeated.

Resolution 62-2008 - Trustee Semeniak made a motion seconded by Trustee McCoy to hire Village Attorney William Borrill to fight Item 1 - Declaring the "Village of New York Mills Zoning Ordinance" adopted November 27, 1973, by the Board of Trustees of the Incorporated Village of New York Mills and all amendments thereto, arbitrary, unreasonable, discriminatory, confiscatory, unconstitutional, void, and ineffective to prevent the Plaintiff from the use and occupation of all of the premises and every part

thereof, without restriction and limitation; and Item 3 - That Plaintiff have costs and disbursements of this action, together with such other and further relief as to the Court may seen just and proper, including issuance of a building permit; item 2 - Not to contest - Declaring the appropriate zoning of the property to be M-1 Manufacturing;  and to secure all necessary paperwork with regards to the lawsuit, if plaintiff disagrees with aforementioned items the board authorizes Village Attorney William Borrill to defend the lawsuit in whole.

Discussion:

 Trustee Bialek strongly disagrees with declaring the zoning M-1.

Mayor Maciol stated that from day one he supported the project and the zone change along with supporting the recommendation of our Planning Board. He stands firms with his believes.

Trustee Semeniak also confirms the he was always in agreement with the zone change request.

Roll call vote:              Trustee Bialek             No

                                    Trustee McCoy           Yes

                                    Trustee Jarosz              No

                                    Trustee Semeniak        Yes

                                    Mayor Maciol              Yes

Motion carried.

With no further business, Trustee Semeniak made a motion seconded by trustee McCoy to adjourn the meeting. 

Mayor Maciol adjourned the End-of-year meeting at 9:08 PM.

                                                                                                Respectfully submitted,

                                                                                                Sharon A. Guca

                                                                                                Village Clerk/Treasurer