Newstead Town Board Minutes

Newstead Town Board Meeting- April 26, 2021

A regular meeting was called to order by the Newstead Town Board on Monday, April 26, 2021 at
7:30pm at the Newstead Town Hall.

Present: David Cummings- Supervisor
Edmund Burke- 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.
Supervisor Cummings led the pledge to the flag.
Minutes from the regular meeting held on April 12, 2021 were presented for approval. A motion
was made by Councilman Burke, seconded by Councilwoman Pope to approve as presented.
Carried Unanimously
Agenda Changes – None
Communications – The Clerk presented the following correspondence:
A packet of information was received from Georgie’s Pizzaria The Prince of Pie, LLC regarding a
liquor license for 11891 Main Rd and requesting a 30-waiver of the notice for application.
A report was received from Senior Director Sarah Young reporting 330 people total were vaccinated
at the Center over 2 days in April.
A notice was received from the Genesee County Assessors Association announcing the creation of a
new website for property owners to access assessment information in Genesee County.
A letter was received from the Akron Chamber of Commerce outlining their tentative plans for
summer 2021 events.
An email was received from the Akron Celebration Committee starting a dialogue with the Board
regarding the possibility for fireworks on July 3rd this year.
A letter was received from the Akron Community Band outlining their tentative plans for resuming
summer concert dates for 2021.
A letter was received from the Newstead Historical Society regarding the Town’s upcoming
Bicentennial in 2023. The Society would like to work with the Town to create a committee to start
planning celebrations.
A letter of resignation was received from Town Zoning Board member David DeRose, effective
immediately.
A letter was received from the VFW Post 3180 outlining their tentative plans for the Memorial Day
observance events.
A letter was received from the Town of Lancaster notifying the town of upcoming code changes for
Lancaster and a public hearing that will be held on 5/3/21 at 7:15pm at Lancaster Town Hall.
A motion was made by Councilwoman Pope, seconded by Councilman Jendrowski to accept and file
the presented correspondence. Carried Unanimously


  • Work Session: The Supervisor reported that at work session held last week the following items were
    discussed: the auditors were in for a review of the 2020 audit with the Board, water and sewer
    project updates, planning item updates, building issue updates, grant updates, highway issues, July
    4th and the centennial celebrations, drainage, recreation, plus any other items brought before the
    Board. The Board also entered executive session at 8:57pm to discuss personnel and contracts on a
    motion from Councilman Burke, seconded by Councilwoman Pope.
    Carried Unanimously
    The Board exited executive session on a motion by Councilwoman Pope, seconded by Councilman
    Burke at 9:22pm, having taken no action. Carried Unanimously
    Agenda Items Question Period: No one spoke
    Budget transfers: none
    Approval of Bills – Councilman Burke reported that the Abstract(s) from Batch(es) #2128 have
    been reviewed with the previously un-audited vouchers and everything was found in order. Abstract
    Batch(es) #2130 were presented for payment. Vouchers on this abstract(s) numbered 352 – 383,
    totaling $20,668.07. Councilwoman Pope seconded to approve payment as follows:
    Abstract Batch(es) #2130:
    General Fund (A)-$17,616.19, General Fund- Outside Village (B)-$172.15, Highway (DA) -$0,
    Highway: Outside Village (DB)-$2,665.85, Drainage (SD)-$0, Fire Protection (SF)-$0, Refuse (SR)-
    $8.33, Sewer #1 Fund (SS)-$30.03, Sewer District #2 (SS02)-$80.72, Sewer District #3 (SS03)-$0,
    Trust & Agency(TA)-$0 and Consolidated Water (SW00)-$94.80, 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)- $0; Total:$20,668.07
    Carried Unanimously

    COMMITTEE AND DEPARTMENT HEAD REPORTS:
    Highway – a report was presented from the Highway Supt as follows: the crews shaved shoulders on
    Town roads, rolled park fields, fixed fence on Bike Path, mowed parks, milled Skyline Dr and
    Knapp Rd with Village DPW, put hitches back on trucks, plowed snow on streets and parking lots
    and started to get the bathrooms ready to open at the Parks.
    Assessor – a report was presented from Tina as follows: new construction in both the town and
    village has been inspected and valued. The tentative roll for 2021 has been submitted to the County
    and State. Change of Assessment Notices have been printed and will be mailed on May 7th after she
    is done moving.
    Building Office – the following building report was presented by Christine Falkowski of the
    Planning & Building Department:
    Kelly Schultz 11061 Main Zoning Compliance ltr
    Amy Kumpf 7900 Cedar One Family Home
    William Miller 12477 Main One Family Home
    Charles McConnaughey 12963 Main Solar Power Farm
    Franklin Powell 13100 Stage Storage container
    William Lawrie 5373 S Newstead Shed
    Gregory Bolis 4333 S Newstead Roof
    David/Linda Frost 4137 N Millgrove Roof
    Charles Hoddick 5926 Crittenden AG Pool
    Jeffrey Lattimer 11054 Howe Roof
    Jason Amirian 7354 Sandhill Windows
    Robert Monkelbaan 11495 Miland Windows
    Lisa Smith 24 Golden Pond Est Roof
  • 3 –
    The Town Board accepted the building report as presented.
    Town Clerk – The clerk reported that she will be out of town until May 5th
    .
    Town Attorney(s) – Nothing at this time
    COUNCILPERSONS:
    Jendrowski– he spoke to Peter Forrestel regarding Limerick Hall, Jim Foster concerning his
    drainage issues and he attended the Library board meeting. Attendance is up and a light has been
    requested by the board members to be installed above the book drop box.
    Dugan – Nothing at this time
    Burke – he thanked Councilman Jendrowski for Peter Forrestel’s phone number. He talked to him
    regarding the Limerick Hall. He also spoke to Carl Klingenschmitt about the culvert study maps
    from 2004 that we have. Scott Rybarczyk said the highway department will assist in the culvert
    study using a phone app to make sure none are missed, and then the 2004 maps will be updated.
    Pope– Nothing at this time
    Supervisor- he reported the 2020 audit was good and we are in good financial shape as a result of
    better mortgage/sales tax receipts than were budgeted for and from spending cuts. He attended the
    Association of Towns meeting in Blasdell last week and spoke to local residents regarding sign and
    drainage issues.
    UNFINISHED BUSINESS:
    Buildings– a light over the library drop box has been requested and there is discussion on replacing
    the gate at the Joint Municipal Building. A quote has been received.
    Planning- there are 8-10 local laws regarding code changes currently being worked on. The Town
    Board will be taking them 2-3 at a time over the next several weeks.
    Water- a pre-bid meeting is scheduled for May 5, 2021 at 9:00am at the Town Hall and the
    financials for the project are being worked on.
    Grants– nothing new
    NEW BUSINESS:
    Public Hearing– Site Plan- Solar Array at 12292 Clarence Center Rd:
    A motion was made by Councilman Jendrowski, seconded by Councilwoman Pope approving the
    calling of a public hearing on the proposed construction of a 27.6kW ground mount solar array at
    12292 Clarence Center Rd, with the hearing to be held on May 10, 2021 at 7:25pm at the Town Hall
    and authorizing the Clerk to publish notice in the Akron Bugle.
    (Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
    Carried Unanimously
    Approval- Hire Wendel & JM Davison- Culvert Study:
    A motion was made by Councilwoman Pope, seconded by Councilman Burke approving the
    proposals from Wendel and JM Davidson Engineering, DPC, to jointly assist the town in conducting
    a town-wide culvert assessment study on town owned roads and authorizing the Supervisor to
    execute the proposals, subject to terms of the contracts.
    (Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope-Aye
    Carried Unanimously
    Award- Bid for Senior Center Restrooms Project:
    A motion was made by Councilman Dugan, seconded by Councilman Burke authorizing the award
    of the bid for the Senior Center Restroom Improvements to the lowest bidder John W. Danforth Co.,
    at a bid/cost not to exceed $31,800.00, subject to terms of the contract.
    (Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope-Aye
    Carried Unanimously
  • 4 –
    Public Hearing– Local Law #3 of 2021:
    A motion was made by Councilman Burke, seconded by Councilman Jendrowski approving the
    calling of a public hearing on the proposed amendments to the Zoning Law regarding mixed use
    amendments to be known as Local Law #3 of 2021, with the hearing to be held on May 24, 2021 at
    7:15pm at the Town Hall and authorizing the Clerk to publish notice in the Akron Bugle.
    (Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
    Carried Unanimously
    Public Hearing– Local Law #4 of 2021:
    A motion was made by Councilman Jendrowski, seconded by Councilman Dugan approving the
    calling of a public hearing on the proposed amendments to the Uniform Construction Code to be
    known as Local Law #4 of 2021, with the hearing to be held on May 24, 2021 at 7:20pm at the
    Town Hall and authorizing the Clerk to publish notice in the Akron Bugle.
    (Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
    Carried Unanimously
    Approval– Lateral Restriction Hardship Applications- 12265 Rapids Rd:
    A motion was made by Councilman Burke, seconded by Councilman Dugan approving the
    applications for a lateral restriction exception hardship for water districts as submitted based on
    supporting documentation provided:
    owner Joe Olaf, 12265 Rapids Rd, Water District #10
    owner Carol Sutton, 12400 Nice Rd, water district #10
    owner Christopher Kumpf, 7900 Cedar St, water district #10
    owner William Peronne, 12142 McNeeley Rd, water district #5
    owner Ryan & Katie O’Neill, 12477 Main Rd, water district #5
    owner Mark & Melissa Bruning, 7700 Mill Rd, water district #10
    Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye Carried Unanimously
    Approval- 30-day Waiver of Liquor License Notification- 11891 Main Rd:
    A motion was made by Councilman Dugan, seconded by Councilwoman Pope approving the
    application by Georgie’s Pizzaria The Prince of Pie LLC for a 30-day waiver of the notification
    requirement for a liquor license at 11891 Main Rd in the Town.
    Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye Carried Unanimously
    Privilege of the Floor/Question Period: Jim Foster from 12834 Stage Road stated he was here last
    week for the work session and asked if any decision was made during the executive session by the
    Board. Supervisor Cummings told him no decision had been made and the board will continue to
    monitor the situation for now.

    Councilman Burke thanked Supervisor Cummings and Bookkeeper Colleen Salmon for their diligent
    work on the budgets over the past few years and for keeping the town’s finances in solid shape. It
    takes a lot of hard work and dedication and he appreciates it on behalf of our residents.
    There being no further business to come before the board for the regular meeting, a motion was
    made by Councilman Burke, seconded by Councilwoman Pope to adjourn the regular meeting at
    7:58pm. Carried Unanimously
    Respectfully Submitted,
    Dawn D. Izydorczak, RMC, Town Clerk

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