Newstead Town Board Minutes

Newstead Town Board Meeting- June 14, 2021

A public hearing was called to order by the Newstead Town Board on Monday, June 14, 2021 at
7:15pm 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 #6 of 2021 regarding
amendments to the Sign Law of the Town to order at 7:15pm.
The Town Clerk read proof of publication. The Supervisor explained the several changes that are
proposed to this law were submitted and recommended for approval by the Planning Board and the
Code Enforcement Officer.
Comments:
Councilwoman Pope expressed concerns about the proposed changes as follows:
A. Temporary signs language should be changed from “existing” structures to “permanent”
structures.
D. Maximum size in a residential district should be increased to 16 square feet instead of 4 square
feet.
E. Banners are prohibited should be deleted.
Councilman Dugan expressed his agreement with all of Councilwoman Pope’s proposed
amendments and also feels F. Temporary A-frame signs should not be limited to commercial use
only but should also be allowed for residential use.
Eli Cobti of 8421 Burdick Rd stated he is opposed to the signs currently being used that have
profanity on them and he knows the town has taken complaints about them but, he feels we need to
remember we live in America and people have their right to free speech. We must be very careful to
make changes to the law that are required according to code but not infringe on peoples right to that
free speech. He agrees with Patty that temporary signs should not be limited to 4 square feet and
feels that a maximum of 16 square feet is more appropriate.
Supervisor Cummings stated the Board is not voting on these changes tonight. They will discuss the
new and valid points made here tonight and make necessary changes. He stated he has talked several
times with the owner of the profane sign and they have their right to free speech. The town has no
legal stand to make them take them down.
There being no further comments, a motion was made by Councilman Dugan, seconded by
Councilman Jendrowski to close the public hearing at 7:22pm. Carried Unanimously
The Supervisor called the public hearing on the proposed Increase and Improvement of
Consolidated Water District 1 to order at 7:22pm.
The Town Clerk read proof of publication. The Supervisor explained this waterline project will
water the remainder of the town on Indian Falls Rd, Knapp Rd and the remainder of Kirby Rd. The
bulk of the project will be covered under grant funds. This only reissues the funding for the towns
portion of the debt.
Comments: no one spoke
There being no further comments, a motion was made by Councilman Burke, seconded by
Councilwoman Pope to close the public hearing at 7:27pm. Carried Unanimously

  • 2 –
    The Supervisor called the public hearing on the proposed Local Law #5 of 2021 regarding
    amendments to the Subdivision of Land Law to order at 7:27pm.
    The Town Clerk read proof of publication. The Supervisor explained the proposed changes to this
    law were submitted and recommended for approval by the Planning Board and the Code
    Enforcement Officer and simply redefine and clarify what is considered a “subdivision”.
    Comments: no one spoke
    There being no further comments, a motion was made by Councilman Dugan, seconded by
    Councilman Jendrowski to close the public hearing at 7:30pm. 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 Dugan led the pledge to the flag.
    Minutes from the regular meeting held on May 24, 2021 were presented for approval. A motion was
    made by Councilman Dugan, seconded by Councilman Burke to approve as presented.
    Carried Unanimously
    Agenda Changes – none
    Communications – The Clerk presented the following correspondence:
    Two notices were received from Charter Communications notifying the town of programming
    changes taking place in July.
    An application for a beer/wine permit was received from Michael Soika for Skyline Park on July 31
    st
    for the Class of 1979 reunion.
    Information on the Erie County Zombie Foreclosures after Covid training program was received and
    distributed to town officials. The training is on June 22nd, 9:30am-12:00pm via zoom.
    An email was received from Judy Moore asking the Town about the possibility of starting a
    community garden on town property.
    A letter was received from NYS Department of State notifying the town that Local Laws #2, 3 &4
    were received and filed on May 28, 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 Town Clerk to discuss Audio Visual upgrades to the Town
    Hall, water and sewer project updates, planning items and code change updates, building issue
    updates, grant updates, highway purchases, the centennial celebration, gas well, Limerick Hall lease,
    plus any other items brought before the Board.
    Agenda Items Question Period: no one spoke
    Budget transfers: none
    Approval of Bills – Councilman Dugan reported that the Abstract(s) from Batch(es) #2142 have
    been reviewed with the previously un-audited vouchers and everything was found in order. Abstract
    Batch(es) #2146 were presented for payment. Vouchers on this abstract(s) numbered 507 – 599,
    totaling $250,205.56. Councilman Jendrowski seconded to approve payment as follows:
  • 3 –
    Abstract Batch(es) #2146:
    General Fund (A)-$77,590.70 ($50,000 transfer between banks), General Fund- Outside Village (B)-
    $40,312.73 ($40,000 transfer between banks), Highway (DA) -$0, Highway: Outside Village (DB)-
    $11,419.51, CAP-Water-Knapp (HW03)- $2,368.44, Drainage (SD)-$1,170.04, Fire Protection (SF)-
    $89,927.71, Refuse (SR)-$26,156.68, Sewer #1 Fund (SS)-$569.25, Sewer District #2 (SS02)-
    $162.50, Sewer District #3 (SS03)-$523.50, 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)- $0; Total:$250,205.56 (actual expenditures-$160,205.56) Carried Unanimously
    COMMITTEE AND DEPARTMENT HEAD REPORTS:
    Highway – a report was presented from the Highway Supt as follows: the guys took a dig safely
    online course to renew their Excavator Certification, mowed roadsides, parks, walking path at the
    soccer complex, etc., put siding on the Veteran’s park shelter, took 3 trucks to Darien, put a new oil
    pan on #7, did road ditching & piping 150” on Howe Rd, road ditching, piping & shaved 100” on
    Brucker Rd, road ditching and driveway pipe 150” on Ayers Rd, and boom mowed at the JMF
    around the pond.
    Assessor – no report presented
    Building Office – the following building report was presented by Christine Falkowski of the
    Planning & Building Department:
    Timothy Kidder 13129 Dorsch Pole barn
    5720 Cummings Rd Inc 311 Dogwood Roof structure & porch
    5720 Cummings Rd Inc 97 Maplewood Deck with roof
    Mary Whitcomb 12817 Swift Mills Sunroom replacement
    David Panaro 11572 Hiller Bathroom remodel
    Elizabeth Cazmark 160 Golden Pond Roof
    Mark Bruning 7700 Mill Single Family Home
    John Waddell 12635 Brucker AG Pool
    Robert Hinckley 12323 Clarence Center Zoning compliance- shed
    Donald Sahlem 4635 N Millgrove Roof
    John Tryka 11944 Buckwheat Roof
    Scott McFadden 7861 Scotland HVAC
    Randall Briggs 7401 Sandhill Replace boiler
    Douglas Miller 40 Maplewood Deck
    Richard Seyfang 11365 Stage Shed
    John Wagner 11569 Howe Pergola
    Cynthia Frost 12251 McNeeley Garage addition and door
    Evan Crahen 11845 Sheila Pole barn
    The Town Board accepted the building report as presented.
    Town Clerk- the office is continuing to work on FOIL requests. This month is the last month of tax
    collection before all unpaid taxes are sent to the County on July 1st
    . Bicentennial letters have been
    mailed to all businesses, organizations, and churches.
    Town Attorney(s) – Nothing at this time
    COUNCILPERSONS:
    Jendrowski- he reported they are moving forward with a new gutter on the west side at the library
    rear entrance and a new light over the book drop. Sprinkler testing is being scheduled. He spoke with
    Dale Gooch about possible issues of vandalism being conducted at the retaining wall.
  • 4 –
    Dugan – nothing at this time
    Burke – he attended the JMF committee meeting and received minutes from Peter Forrestel. He also
    attended the celebration committee meeting where they are getting ready for July 4th activities. He
    attended the Recreation Board meeting where the source of a tent for summer rec at the park was the
    main issue to be addressed.
    Pope- nothing at this time
    Supervisor- the May Supervisor’s Report is on file with the Town Clerk. He attended a meeting
    with Colleen and 3+1 to discuss the town’s financials. He took calls regarding the bike path crossing
    at Cummings Rd. He reported streetlights out in the town to National Grid, renewed the State of
    Emergency for another 30 days, attended the JMF committee meeting, worked on existing and new
    grants, spoke with the Emergency Management team about July 4th activities, and spoke with the
    County DPW about the Carney Rd & Cedar St intersection. He received tent quotes for recreation,
    with the low bid being $2348 for the 6 weeks. The board discussed potential liability issues, setup
    issues and conflict of interest with using the Recreation Directors tent instead of renting one.
    UNFINISHED BUSINESS:
    Buildings- library issues being addressed
    Planning- code changes and planning board requests still being addressed, drainage issue on Hunts
    Corners Rd near Dye being looked at, NextEra project is progressing nicely with no issues.
    Water/Sewer- Homeowner packets have been mailed out and a new letter for vacant landowners
    will be complied and sent out this week. Scott thanked Colleen, Julie and the town hall staff for their
    help in getting this information out. He also reported that the base construction has been finished on
    Havens Rd and they are in the testing phase. Pressure tests have passed and they are now testing the
    water. This project could be finished by the end of this week.
    Grants- CDBG: the LED lighting project is done and the bathroom project is well underway with
    the bathrooms gutted at present. He thanked the Newstead Fire Co for the use of their bathrooms
    during the project. He is also working on a new potential grant for sealing and rehabilitation of
    some of the bike path.
    NEW BUSINESS:
    SEQRA Declaration- Local Law #5 of 2021:
    A motion was made by Councilman Burke, seconded by Councilwoman Pope approving the
    negative SEQRA declaration relative to the proposed amendments to the subdivision law to be
    known as Local Law #5 of 2021.
    (Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
    Carried Unanimously
    Adoption- Local Law #5 of 2021:
    A motion was made by Supervisor Cummings, seconded by Councilman Burke approving the
    adoption of the proposed Local Law #5 of 2021 amending the subdivision law of the town.
    (Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
    Carried Unanimously
    Approval- Refunding Bond Resolution:
    A motion was made by Councilman Jendrowski, seconded by Councilman Dugan approving the
    refunding of certain outstanding bonds, appropriating an amount not to exceed $1,250,000.00 for
    such purpose, authorizing the issuance of refunding bonds in the principal amount of not to exceed
    $1,250,000 to finance said appropriation and making certain other determinations relative thereto, as
    per the Refunding Financial Plan (exhibit A) in the Refunding Bond Resolution.
    (Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
    Carried Unanimously
  • 5 –
    Approval- Increase & Improvement of Water System/Bonding:
    A motion was made by Councilman Dugan, seconded by Councilman Jendrowski approving the
    increase and improvement of Consolidated Water District #1 project with system improvements for
    Indian Falls Rd, Knapp Rd and Kirby Rd at a cost not to exceed $1,500,000.00 in bonding costs.
    (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 Jendrowski, seconded by Councilman Burke approving the
    request by Michel Soika for a beer/wine permit at Skyline Park for the Class of ’79 reunion on July
    31st.
    Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye Carried Unanimously
    Approval- Notice to Terminate Limerick Hall Lease:
    A motion was made by Councilman Dugan, seconded by Councilwoman Pope approving the notice
    to terminate the lease for Limerick Hall effective August 31, 2021, and to authorize the Supervisor to
    provide notice to the Lessee in writing of the intent to terminate the lease at the end of the lease term
    with at least thirty (30) days’ notice.
    Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye Carried Unanimously
    Approval- Summer Recreation Hire Employees:
    A motion was made by Councilman Burke, seconded by Councilwoman Pope approving the hiring
    of employees to work the Summer 2021 Recreation program as per the attached listing as presented
    and recommended for approval by Recreation Director Dan Roland.
    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
    7:59pm. Carried Unanimously
    Respectfully Submitted,
    Dawn D. Izydorczak, RMC, Town Clerk