A public hearing was called to order by the Newstead Town Board on Monday, May 24, 2021 at
7:18pm 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.
The Supervisor called the public hearing on the proposed Local Law #3 of 2021 regarding mixed
use amendments to Chapter 450 of the Code to order at 7:18pm.
The Town Clerk read proof of publication. The Supervisor explained the changes proposed to this
law were submitted and recommended for approval by the Planning Board and the Code
Enforcement Officer.
Comments: no one present to speak
There being no further comments, a motion was made by Councilman Burke, seconded by
Councilwoman Pope to close the public hearing at 7:21pm. Carried Unanimously
The Supervisor called the public hearing on the proposed Local Law #4 of 2021 regarding uniform
construction code amendments to Chapter 450 of the Code to order at 7:21pm.
The Town Clerk read proof of publication. The Supervisor explained the minor changes proposed to
this law were submitted and recommended for approval by the Planning Board and the Code
Enforcement Officer.
Comments: no one present to speak
There being no further comments, a motion was made by Councilman Jendrowski, seconded by
Councilman Dugan to close the public hearing at 7:24pm. Carried Unanimously
The Supervisor called the public hearing on the proposed Local Law #2 of 2021 regarding above
ground storage tanks amendments to Section 150 of the Code to order at 7:25pm.
The Town Clerk read proof of publication. The Supervisor explained the changes proposed to this
law were submitted and recommended for approval by the Planning Board and the Code
Enforcement Officer.
Comments: no one present to speak
There being no further comments, a motion was made by Councilman Dugan, seconded by
Councilman Jendrowski to close the public hearing at 7:27pm. Carried Unanimously
The regular meeting of the Newstead Town Board was called to order at 7:30pm with the same
members present as listed above.
Councilman Jendrowski led the pledge to the flag.

• 2 –
  Minutes from the regular meeting held on May 10, 2021 were presented for approval. A motion was
  made by Councilman Dugan, seconded by Councilwoman Pope to approve as presented.
  Carried Unanimously
  Agenda Changes – a motion was made by Councilman Burke, seconded by Councilman Dugan to
  make the following agenda changes: add resolution for water district increase and improvement
  project bonding. Carried Unanimously
  Communications – The Clerk presented the following correspondence:
  A notice was received from Charter Communications notifying the town of programming changes
  taking place in June.
  An application for a beer/wine permit was received from Ray Orr for Skyline Park on July 17th for
  an anniversary party.
  An executed copy of the Highway Shared Services Agreement was received from the Town of
  Darien.
  Information on the Erie Grown Passport program was received and hung on the information wall at
  the Town Hall.
  A letter was received form NYS EFC notifying the Town that they were not chosen to receive
  funding for the Wastewater Infrastructure Engineering Planning Grant program.
  A letter was received from the Heritage Wind project giving notice of a joint permit application
  including water quality certification.
  A notice was received from Disaster Coordinator Kowalik that the Erie County Pop Up Vaccine
  Unit is going to be in Akron on 6/19/2021 from 10am-2pm at the sidewalk sale and on 7/1/2021
  from 6pm-8pm at the first cruise night.
  An email was received from Highway Superintendent Bassanello with the results of the household
  hazardous waste, electronics & paper shredding event that took place on May 22, 2021.
  A motion was made by Councilman Jendrowski, seconded by Councilman Dugan 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: a meeting was held with the Limerick Hall group, water and sewer project updates,
  planning items and code change updates, building issue updates, grant updates, highway purchases,
  the centennial celebration, gas well, plus any other items brought before the Board.
  Agenda Items Question Period: no one present to speak
  Budget transfers: none
  Approval of Bills – Councilman Jendrowski reported that the Abstract(s) from Batch(es) #2137
  have been reviewed with the previously un-audited vouchers and everything was found in order.
  Abstract Batch(es) #2142 were presented for payment. Vouchers on this abstract(s) numbered 449 –
  487, totaling $36,387.88. Councilman Dugan seconded to approve payment as follows:
  Abstract Batch(es) #2142:
  General Fund (A)-$12,900.72, General Fund- Outside Village (B)-$193.43, Highway (DA) -$0,
  Highway: Outside Village (DB)-$5,505.28, CAP-Water-Knapp (HW03)- $17,650.00, Drainage
  (SD)-$0, Fire Protection (SF)-$0, Refuse (SR)-$0, Sewer #1 Fund (SS)-$28.45, Sewer District #2
  (SS02)-$67.96, Sewer District #3 (SS03)-$0, Trust & Agency(TA)-$0 and Consolidated Water
  (SW00)-$42.04, 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:$36,387.88 Carried Unanimously
• 3 –
  COMMITTEE AND DEPARTMENT HEAD REPORTS:
  Highway – a report was presented from the Highway Supt as follows: the crews put siding on the
  shelter in Veterans Park, they mowed parks, the bike path and other town properties, they repaired
  the cab tractor, they cleaned up trees on Crego Rd., they replaced the cross culvert on Martin Rd and
  they worked the hazardous waste event this past Saturday. Mike thanked Councilman Burke and
  Councilwoman Pope for helping at the drop-off event on Saturday.
  Assessor – no report presented
  Building Office – the following building report was presented by Christine Falkowski of the
  Planning & Building Department:
  Arrowhead Timber Lodge LLC 12292 Clarence Center Solar Farm
  Newstead Properties LLC 13311 Main Warehouse addition
  5720 Cummings Rd Inc 19 Sprucewood Deck
  Gary Bailey 4959 S Newstead IG Pool
  Andrew Smith 5867 Barnum AG Pool
  Jesse Luce 4207 S Newstead AG Pool
  Janet Kasperek 12646 Hunts Corners Drainage & Sump Pump
  Ashley Haniszewski 6834 Sandhill Generator
  Jarrod Redford 11815 Sheila Ln IG Pool
  Joseph Lotz 12445 Meahl AG Pool
  The Town Board accepted the building report as presented.
  Town Clerk- the Dog Control Officers report for the 1st quarter was presented.
  Town Attorney(s) – Nothing at this time
  COUNCILPERSONS:
  Jendrowski- he attended a meeting of the library board and dealt with building issues.
  Dugan – he shared the Memorial Day events are proceeding as scheduled.
  Burke – he attended a celebration committee meeting and inquired about the status of the town’s
  contribution to the committee. He worked at the Shred-it section at the recycling event this past
  weekend. It was a very well run operation.
  Pope- she worked at check-in for the recycling event on Saturday. She heard from a couple residents
  that conveyed the message everything was very well run and went smoothly.
  Supervisor- the April Supervisor’s Report is on file with the Town Clerk. He spoke to several
  Wright Center board members, approved cemetery flags, had some volunteers from the Boy Scouts
  work at the household hazardous waste event, worked on AED unit issues with Dawn, attended both
  bid openings over the last 2 weeks, attended an Association of Erie County Government meeting in
  Blasdell and presented the recycling totals from Saturday.
  UNFINISHED BUSINESS:
  Buildings- a gutter at the library is leaking and needs to be addressed and there is a hornet problem
  at the Denio.
  Planning- there will be more code changes coming in June, the NextEra project is moving right
  along, Parks & AED boxes meeting to be set.
• 4 –
  Water/Sewer- Scott reported we are ready to move forward with the project as soon as the
  contractor is set to go. Heather is working on a short video for the highway department on how to
  use the system on a smart phone for the culvert grant so they can start work.
  Grants- trailways- we are waiting for the crossing at Buell Street to be finished. Parks and
  generator- we have had notice there is a little movement. CDBG lighting work at the senior center is
  done. CDBG restrooms work should begin soon.
  NEW BUSINESS:
  Approval- Standard Workday & Reporting: A motion was made by Supervisor Cummings,
  seconded by Councilman Dugan approving the establishment of the standard workdays for elected
  and appointed officials as reported on RS2417-A to the NYS Local Retirement System and attached
  here with.
  (Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope-Aye
  Carried Unanimously
  Approval- Authorize Municipal Solutions Work:
  A motion was made by Councilwoman Pope, seconded by Councilman Burke approving the
  proposal from Municipal Solutions Inc to initiate and complete the refunding bond transaction for
  the Joint Facility serial bonds and authorizing the Supervisor to execute the necessary documents.
  (Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope-Aye
  Carried Unanimously
  SEQRA Declaration- Local Law #2 of 2021:
  A motion was made by Councilman Jendrowski, seconded by Councilwoman Pope approving the
  negative SEQRA declaration as an unlisted action, relative to the proposed amendments to the law to
  be known as Local Law #2 of 2021.
  (Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
  Carried Unanimously
  Adoption- Local Law #2 of 2021:
  A motion was made by Councilman Jendrowski, seconded by Councilman Dugan approving the
  adoption of the proposed Local Law #2 of 2021.
  (Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
  Carried Unanimously
  SEQRA Declaration- Local Law #3 of 2021:
  A motion was made by Councilman Burke, seconded by Councilman Jendrowski approving the
  negative SEQRA declaration as a type II action, relative to the proposed amendments to the law to
  be known as Local Law #3 of 2021.
  (Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
  Carried Unanimously
  Adoption- Local Law #3 of 2021:
  A motion was made by Councilman Burke, seconded by Councilman Dugan approving the adoption
  of the proposed Local Law #3 of 2021.
  (Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
  Carried Unanimously
  SEQRA Declaration- Local Law #4 of 2021:
  A motion was made by Councilman Dugan, seconded by Councilman Burke approving the negative
  SEQRA declaration as a type II action, relative to the proposed amendments to the law to be known
  as Local Law #4 of 2021.
  (Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
  Carried Unanimously
  Adoption- Local Law #4 of 2021:
  A motion was made by Councilman Dugan, seconded by Councilman Jendrowski approving the
  adoption of the proposed Local Law #4 of 2021.
  (Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
  Carried Unanimously
• 5 –
  Approval- Award of Water District System Improvements Bid:
  A motion was made by Councilwoman Pope, seconded by Councilman Burke approving the award
  of the water district system improvements project for Indian Falls Rd, Knapp Rd and Kirby Rd to the
  low bidder DJM Contracting Inc for a base bid and Alternate 1 bid total of $1,154,871.16 contingent
  on the Town Attorneys review of the contractors bid bonds and insurances and that DJM Contracting
  Inc is granted a waiver for the MWBE and SVBOD utilization requirements they are required to
  meet as part of the NYS Environmental Facilities Corporation grant requirements.
  (Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
  Carried Unanimously
  Approval- Award Bid for Highway Truck (F-350):
  A motion was made by Councilman Jendrowski, seconded by Councilman Dugan approving the
  award of bid for the purchase of a 2022 Ford F-350 pickup truck for the Highway Department to
  DeLacy Ford, the apparent low bidder, with a bid of $40,905.00 including plow, and authorizing the
  Highway Superintendent to execute the necessary paperwork for the transaction.
  (Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
  Carried Unanimously
  Public Hearing- Local Law #6 of 2021:
  A motion was made by Councilman Burke, seconded by Councilman Jendrowski approving the
  calling of a public hearing on the proposed Local Law #6 of 2021 amending the sign law of the
  Town of Newstead, with said hearing to be held on June 14, 2021 at 7:15pm at the Town Hall and
  authorizing the Town Clerk to publish notice in the Akron Bugle.
  (Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
  Carried Unanimously
  Approval- Beer/wine Permit- Skyline Park:
  A motion was made by Councilman Burke, seconded by Councilman Dugan approving the request
  by Ray Orr for a beer/wine permit at Skyline Park for an anniversary party on July 17th.
  Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye Carried Unanimously
  Approval- Beer/wine Permit Veteran’s Park:
  A motion was made by Councilman Burke, seconded by Councilman Jendrowski approving the
  request by Dawn Izydorczak for a beer/wine permit at Veteran’s Park for a memorial service on May
  29th.
  Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye Carried Unanimously
  Approval- Use of Skyline Park for Bocce Tournament:
  A motion was made by Councilman Jendrowski, seconded by Councilwoman Pope approving the
  request by the Akron Lion’s Club to use Skyline Park for their annual Bocce Tournament on July
  4th.
  Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye Carried Unanimously
  Public Hearing – Consolidated Water District No. 1 Increase & Improvement:
  A motion was made by Councilman Dugan, seconded by Councilman Jendrowski approving the
  calling of a public hearing on the proposed increase and improvement of facilities of Consolidated
  Water District No. 1 which consists of waterline along Knapp Rd, Indian Falls Rd and Kirby Rd at a
  cost not to exceed $1,500,000, with said hearing to be held June 14, 2021 at 7:20pm at the Town
  Hall and authorizing the Town Clerk to publish notice in the Akron Bugle.
  (Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope-Aye
  Carried Unanimously
  Privilege of the Floor/Question Period: no one spoke
  There being no further business to come before the board for the regular meeting, a motion was
  made by Councilman Burke, seconded by Councilman Jendrowski to adjourn the regular meeting at
  8:15pm. Carried Unanimously