Newstead Town Board Minutes

Newstead Town Board Meeting- April 12, 202

The Board entered executive session at 7:17pm to discuss a personnel matter on a motion from
Councilman Burke, seconded by Councilman Jendrowski. Carried
The Board exited executive session on a motion by Councilwoman Pope, seconded by Councilman
Dugan at 7:21pm, having taken no action. Carried
A public hearing was called to order by the Newstead Town Board on Monday, April 12, 2021 at
7:22pm at the Newstead Town Hall.
Present: Edmund Burke- Deputy Supervisor/Councilman
John Jendrowski- Councilman
Joseph Dugan- Councilman
Patricia Pope- Councilwoman
Brendan Neill- Town Attorney
Emily Janicz- Assistant Town Attorney
Scott Rybarczyk- Town Engineer
Michael Bassanello- Highway Supt.
Dawn Izydorczak- Town Clerk
Roll Call was taken with all board members present except Supervisor Cummings who is on
vacation.
The Deputy Supervisor called the public hearing to order on the proposed Local Law #1 of 2021
placing a moratorium for a 6-month period on the installation and use of intermodal freight
transports, and similar vessels, within the town at 7:22pm.
The Clerk read proof of publication. The Deputy Supervisor stated this local law has been reviewed
and recommended for approval by the Planning Board, Wendel, the CEO and then was submitted to
the Town Board for final consideration. Some minor updates have been made in the verbiage since it
was first introduced.
Comments: no one spoke
There being no further comments, a motion was made by Councilman Jendrowski, seconded by
Councilman Dugan to close the public hearing at 7:26pm Carried
The regular meeting of the Newstead Town Board was called to order at 7:27pm with the same
members present as listed above.
Councilman Jendrowski led the pledge to the flag.
Minutes from the regular meeting held on March 22, 2021 were presented for approval. A motion
was made by Councilman Dugan, seconded by Councilman Jendrowski to approve as presented.
Carried
Agenda Changes – a motion was made by Councilwoman Pope, seconded by Councilman Dugan to
make the following agenda changes: add a motion to approve a beer/wine permits for a family
reunion at Skyline Park Carried
Communications – The Clerk presented the following correspondence:
A letter was received from Charter Communications regarding changes in programming and services
beginning on April 15
th
.
A request for a beer/wine permit was received from Peggy Kidder for Skyline Park on July 24th &
25, 2021 for two family reunions.

  • 2 –
    A notice was received from Heritage Wind, LLC regarding draft permit and public comment periods
    for their project in the Town of Barre.
    The 2020 Annual Report was received from the Erie County Clerk’s office.
    A motion was made by Councilman Jendrowski, seconded by Councilwoman Pope to accept and file
    the presented correspondence. Carried
    Work Session: The Deputy Supervisor reported that at work session held last week the following
    items were discussed: water and sewer project updates, planning item updates, building issue
    updates, grant updates, gas well purchase update, highway equipment updates, plus any other items
    brought before the Board.
    Agenda Items Question Period: no one spoke
    Budget transfers: none
    Approval of Bills – Councilman Jendrowski reported that the Abstract(s) from Batch(es) #2126
    have been reviewed with the previously un-audited vouchers and everything was found in order.
    Abstract Batch(es) #2128 were presented for payment. Vouchers on this abstract(s) numbered 263 –
    323, totaling $522,816.96. Councilwoman Pope seconded to approve payment as follows:
    Abstract Batch(es) #2128:
    General Fund (A)-$21,039.73, General Fund- Outside Village (B)-$0, Highway (DA) -$0, Highway:
    Outside Village (DB)-$29,732.45, Drainage (SD)-$0, Fire Protection (SF)-$302,175.00, Refuse
    (SR)-$26,141.53, Sewer #1 Fund (SS)-$516.75, Sewer District #2 (SS02)-$232.50, Sewer District #3
    (SS03)-$600.50, Trust & Agency(TA)-$0 and Consolidated Water (SW00)-$4.50, WD1(SW1)- $0,
    WD2(SW2)- $0, WD3(SW3)- $0, WD4(SW4)- $0, WD5(SW5)- $0, WD6(SW6)- $0, WD7(SW7)-
    $0, WD7A(SW7A)- $0, WD8(SW8)- $0, WD9(SW9)- $0, WD10(SW10)- $142,374.00;
    Total: $522,816.96 Carried
    COMMITTEE AND DEPARTMENT HEAD REPORTS:
    Highway – a report was presented from the Highway Supt as follows: the crew helped National Grid
    with cutting trees, cut trees at Vet’s Park, put guard rails back up on the bike path, chipped brush at
    the JMF, took the sander out of #10 and took #7 to D+W Diesel, shaved the shoulders on town
    roads, rolled the fields at the town parks and changed the 284 agreement to do road repair on Skyline
    Drive instead of Pohl Rd.
    Assessor –no report
    Building Office – the following building report was presented by Christine Falkowski of the
    Planning & Building Department:
    Niagara Specialty Metals Hake Rd Commercial Addition
    Scott Monkelbaan 11373 Milan Addition
    Tiffanie Amerine 13819 Knapp Deck w/roof
    Joseph Olaf 12261 Rapids Replace porch
    Gen-Tech Power Systems 10971 Keller Generator
    Jurgen Arndt 12831 Dorsch Pool house
    The Town Board accepted the building report as presented.
    Town Clerk- Nothing at this time
    Town Attorney(s) – Nothing at this time
    COUNCILPERSONS:
  • 3 –
    Jendrowski- he spoke with the CEO regarding the code changes, spoke with 2 residents on fence
    codes, spoke with Peter Forrestel on the Limerick Hall issues, and spoke with the Fosters on Stage
    Rd regarding their ongoing drainage issues.
    Dugan – he commended Senior Coordinator Sarah Young for her first successful vaccine clinic on
    Friday, where 250 doses were given to local residents. The next clinic is tomorrow.
    Burke – he met with CAC Chairman Carl Klingenschmitt to do more work on the drainage map
    updates. He spoke with the Highway Superintendent about a drainage issue on Cedar St and learned
    the County has been in the area doing dome drainage work.
    Pope- she reported some road flooding she observed by the new builds on Barnum Rd. Mike B. will
    report it to the County as that is a County road.
    Supervisor- not present
    UNFINISHED BUSINESS:
    Buildings- nothing new to report
    Planning- nothing new to report
    Water- there is a pre-construction meeting tomorrow on the Havens Rd waterline extension with
    DigCo & Dave Miller. Drainage maps were delivered to Carl tonight. Scott will be working with
    Dawn and Rob to get bid packets out this week.
    Grants- nothing new to report
    NEW BUSINESS:
    Determination of Non-Significance- Local Law #1:
    A motion was made by Councilman Dugan, seconded by Councilman Jendrowski adopting a
    determination of non-significance of Local Law relative to Local Law #1 of 2021 and listing this as
    a type II action under SEQRA.
    (Resolution) Cummings-Absent, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
    Carried
    Adoption- Local Law #1 of 2021:
    A motion was made by Councilman Dugan, seconded by Councilman Jendrowski adopting Local
    Law #1 of 2021 placing a 6-month moratorium on the installation and use of intermodal freight
    transports and similar vessels within the town, subject to the terms set forth in the resolution.
    (Resolution) Cummings-Absent, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
    Carried
    Approval- Site Plan for 13311 Main Rd Addition:
    A motion was made by Councilman Jendrowski, seconded by Councilman Dugan approving the site
    plan dated January 19, 2021 for a 36,000 sq. ft. warehouse addition at 13311 Main Rd owned by
    Newstead Properties, LLC (MGA Research), subject to the terms set forth in the resolution.
    (Resolution) Cummings-Absent, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
    Carried
    Approval- Purchase Highway Truck:
    A motion was made by Councilwoman Pope, seconded by Councilman Jendrowski authorizing the
    purchase of a 2021 Ford F-150 XLT SuperCrew 4×4 with a 5.5’ Box for the highway department,
    with award going to the lowest bidder Van Bortl Ford in the amount of $36,741.21.
    (Resolution) Cummings-Absent, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
    Carried
    Approval- Award Lighting Project at Senior Center:
    A motion was made by Councilman Dugan, seconded by Councilwoman Pope authorizing the award
    of the lighting contract for the Senior Center to the lowest bidder Precision Electric.
  • 4 –
    (Resolution) Cummings-Absent, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
    Carried
    Approval- New BankonBuffalo account:
    A motion was made by Councilman Jendrowski, seconded by Councilman Dugan authorizing the
    Supervisor to open a new account with BankonBuffalo on behalf of the Town.
    (Resolution) Cummings-Absent, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope-Aye
    Carried
    Approval- Bid proposals for Waterline Project:
    A motion was made by Councilwoman Pope, seconded by Councilman Dugan authorizing the Town
    Clerk to advertise for bids for water system improvements on Indian Falls Rd, Knapp Rd, and Kirby
    Rd under Contract No. 20-1, with bid books available on April 19, 2021 and bid submissions due on
    May 18, 2021.
    (Resolution) Cummings-Absent, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope-Aye
    Carried
    Public Hearing- Local Law #2 of 2021- Amendment to the Zoning Law:
    A motion was made by Councilman Dugan, seconded by Councilwoman Pope approving the calling
    of a public hearing on the proposed Local Law #2 of 2021 entitled amendments to the Zoning Law,
    with the hearing to be held on May 24, 2021 at 7:25pm at the Town Hall and authorizing the Clerk
    to publish notice in the Akron Bugle.
    (Resolution) Cummings-Absent, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
    Carried
    Approval- Beer/Wine Permit for Skyline Park:
    A motion was made by Councilman Jendrowski, seconded by Councilwoman Pope approving the
    request for a beer/wine permit on July 24th & 25th at Skyline Park for a family party.
    Cummings-Absent, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye Carried
    Privilege of the Floor/Question Period: James & Julie Foster of 12834 Stage Rd were present to
    get an update from the board regarding their ongoing drainage issues. He requested the ditch to be
    covered and capped to prevent more erosion from happening. He accused the town of draining water
    from someone else’s private property onto his property. He threatened to hire an attorney and sue the
    town if he has too but would prefer to figure this out and not go that route.
    Much discussion was held and the board will continue the conversation at next weeks work session.
    There being no further business to come before the board for the regular meeting, a motion was
    made by Councilwoman Pope, seconded by Councilman Dugan to adjourn the regular meeting at
    8:14pm. Carried
    Respectfully Submitted,
    Dawn D. Izydorczak, RMC, Town Clerk