Category: Newstead Town Board Minutes

Organization Meeting Newstead Town Board Jan 4, 2020

ORGANIZATIONAL MATTERS – NEWSTEAD TOWN BOARD
JANUARY 4, 2021

Supervisor Cummings called the meeting to order at 7:00 pm with all Board members present. Supervisor Cummings led the pledge to the flag.

  1. A motion was made by Supervisor Cummings, seconded by Councilman Jendrowski adopting Order of Business for 2021 and the Rules of Order of Town Meetings. (See Attached)
  2. A motion was made by Supervisor Cummings, seconded Councilman Jendrowski adopting Schedule of Regular Meetings for 2021. (See attached)
  3. Letters requesting appointments (see attached): a motion was made by Supervisor Cummings, seconded by Councilman Jendrowski to accept these letters.
  4. A motion was made by Supervisor Cummings, seconded by Councilman Jendrowski that Brendan Neill be designated to cast the vote of the Town of Newstead at the Annual Meeting of the Association of Towns.
  5. Supervisor Cummings announced the appointment of Edmund Burke as Deputy Supervisor for 2021.
  6. Supervisor Cummings announced appointments to committees within the Town Board (See attached).
  7. A motion was made by Supervisor Cummings, seconded by Councilman Jendrowski that the Supervisor be authorized to appoint a Secretary to the Supervisor for 2021.
  8. Supervisor Cummings announced the appointment of Colleen Salmon as Secretary to the Supervisor and Bookkeeper for 2021.
  9. Supervisor Cummings announced the appointment of Donald Holmes as Historian and Beverly Summe Assistant Historian of the Town of Newstead for the year 2021.
  10. A motion was made by Supervisor Cummings, seconded by Councilman Jendrowski that the Town Clerk be authorized to appoint additional Deputy Town Clerks for the year 2021.
  11. Town Clerk Izydorczak announced the following appointments for the year 2021 – Deputy Town Clerk (FT)- Jennifer Herberger; 2nd Deputy Clerk (PT)- Emily McCoy; Deputy Registrar- Jennifer Herberger & Sub-Registrar- Emily McCoy.
  12. Highway Superintendent Michael Bassanello announced the appointment of Gary Baehr as Deputy Highway Superintendent for the year 2021.
  • 2 –
  1. A motion was made by Councilman Jendrowski, seconded by Councilman Dugan that the Highway Superintendent be authorized to appoint a Clerk to the Highway Superintendent for 2021.
  2. Highway Superintendent Bassanello announced the appointment of Rachel Kleparek as Clerk to the Highway Superintendent for 2021.
  3. A motion was made by Councilman Jendrowski, seconded by Councilman Dugan that Town Officials be paid the per mile rate as set by the IRS (as of 1-1-21 the rate is TBD) for use of their car on official business. This pertains to Town Officials and employees or to
    anyone on an official errand for the Town upon proper approval by the Town Board.
  4. A motion was made by Councilman Jendrowski, seconded by Councilman Dugan that the Town purchases a blanket bond to cover all Town Officials.
  5. A motion was made by Councilman Jendrowski, seconded by Councilman Dugan that the theft insurance coverage be continued at $1,000,000.00 on all town employees.
  6. A motion was made by Councilman Jendrowski, seconded by Councilman Dugan that the Town Clerk be authorized to continue the Petty Cash Fund of $100.00, a DEC petty cash fund of $100.00, and a petty cash fund of $100.00 during tax collection periods.
  7. A motion was made by Councilman Jendrowski, seconded by Councilman Dugan that the Director of the Senior Center be authorized to have a Petty Cash Fund of $100.00.
  8. A motion was made by Councilman Jendrowski, seconded by Councilman Dugan that the Highway Superintendent be authorized to continue the Petty Cash Fund of $100.00.
  9. A motion was made by Councilman Jendrowski, seconded by Councilman Dugan that the Recreation Director be authorized to maintain a petty cash fund of $100.00.
  10. A motion was made by Councilman Jendrowski, seconded by Councilman Dugan to appoint Supervisor David Cummings as Budget Officer for 2021 at no salary.
  11. A motion was made by Councilman Jendrowski, seconded by Councilman Dugan that the Bank on Buffalo; JP Morgan Securities; M&T Bank; NY Class; Evans Bank and Alden State Bank be designated as official depositories into which all Town Officials shall deposit all moneys coming into their hands by virtue of their respective offices.
  12. A motion was made by Councilman Jendrowski, seconded by Councilman Dugan that all matters to come before the Town Board be in the Supervisor’s Town Hall mailbox by 5:00 p.m. on Thursday preceding each meeting to be on the agenda. The agenda will be ready
    for board members after 5:00 p.m. on Fridays preceding each meeting.
  • 3 –
  1. A motion was made by Councilman Dugan, seconded by Councilwoman Pope that “Regular” Town Board Meetings throughout the year 2021 be held at 7:30 p.m. on the 2nd and 4th Mondays of each month unless noted according to the attached schedule (see attached page # 12.) Work Sessions will be at 6:45 p.m. prior to Regular Meetings. When
    the Regular Meeting falls on a holiday, the Supervisor may postpone or set a new date for said meeting. Work Sessions may be scheduled the 1st and 3rd Monday of each month at 7:00 p.m. when not conflicting with a Holiday as per schedule. Otherwise they may be held as determined. All meetings will be held in the Newstead Town Hall and are open to
    the public except for confidential matters as prescribed by the Open Meetings Law.
  2. A motion was made by Councilman Dugan, seconded by Councilwoman Pope that the vouchers for Town Claims be audited, allowed and paid if certified to be true and correct upon forms heretofore adopted, described and approved by the Town Board and all vouchers will be presented, approved and paid at both Regular Meetings, twice a month.
    No voucher will be paid prior to monthly reports being submitted. The Supervisor is authorized to pay utility bills as such become due subject to Town Board audit at the next regular meeting. Vouchers to be paid must be in the hands of the Town Clerk no later than the Thursday before a regular meeting.
  3. A motion was made by Councilman Dugan, seconded by Councilwoman Pope that the Town brings within the coverage of Worker’s Compensation Law all Town Employees and Town Officials, elective and appointed and all Volunteer Firemen who may be injured, within the Town of Newstead Fire Protection District as now constituted, while engaged in their duties as firemen.
  4. A motion was made by Councilman Dugan, seconded by Councilwoman Pope that the Town continues Disability Insurance coverage as outlined in the resolution of 12/13/93.
  5. A motion was made by Councilman Dugan, seconded by Councilwoman Pope that all Town Officials be authorized to attend meetings of their respective organizations with all necessary expenses to be paid by the Town of Newstead. Officials and organizations involved are:
    Town Board – Association of Erie County Governments
    Town Clerk – Erie County Town Clerk’s & Tax Receiver’s Assoc.
    Assessor – Erie County Assessor’s Association
    Highway Superintendent – Erie County Highway Superintendent’s Association
    Other – New York State Association of Towns and others as deemed necessary.
  6. A motion was made by Councilman Dugan, seconded by Councilwoman Pope to authorize the Town Justices to appoint one court clerk for each justice for 2021.
  7. A motion was made by Councilman Dugan, seconded by Councilwoman Pope to appoint Sandra Pietrowski full time Court Clerk for 2021.
  8. Justice Campbell appoints Joy Wagner as Deputy Court Clerk (PT) to Town Justice for the year 2021.
  • 4 –
  1. A motion was made by Councilwoman Pope, seconded by Councilman Burke that the Town Justices be authorized to employ a stenographer for the Justice Court or for Special Sessions Court and that payment be made upon a voucher subject to the approval of the Town Board.
  2. A motion was made by Councilwoman Pope, seconded by Councilman Burke that Brendan Neill Esq. be appointed Town Attorney for 2021 with a clerical allowance of $5,000 and that Emily Janicz be appointed Deputy Town Attorneys for the year of 2021.
  3. A motion was made by Councilwoman Pope, seconded by Councilman Burke that Robert Friedman be appointed as Town Prosecutor and Jennifer Strong as Deputy Town Prosecutor for 2021.
  4. The term of John Klodzinski and Max Brady on the Zoning Board of Appeals expired 12- 31-2020. A motion was made by Councilwoman Pope, seconded by Councilman Burke to appoint John Klodzinski and David DeRose to serve as a Zoning Board Member for a fiveyear term expiring 12-31-2025
  5. The term of Andrew Kelkenberg on the Planning Board expired 12-31-2020. A motion was made by Councilwoman Pope, seconded by Councilman Burke to appoint Andrew Kelkenberg to serve as a Planning Board Member for a seven-year term expiring 12-31- 2027.
  6. The terms of Richard Hegmann, Ken Koehler, Mary Jane Shonn and Lewis Tandy on the Conservation Advisory Council expired 12/31/2020. A motion was made by Councilwoman Pope, seconded by Councilman Burke to re appoint all of them to terms expiring 12/31/22.
  7. A motion was made by Councilwoman Pope, seconded by Councilman Burke that David DeYoung be appointed Dog Control Officer for 2021.
  8. A motion was made by Councilwoman Pope, seconded by Councilman Burke that Andrew DeYoung be appointed Deputy Dog Control Officer for 2021.
  9. A motion was made by Councilwoman Pope, seconded by Councilman Burke that Brenda Cerasani, Jerry Szmania, and Richard Long be reappointed Van Drivers for the Senior Van for the year 2021.
  10. A motion was made by Councilwoman Pope, seconded by Councilman Burke to appoint James Akin as Water Maintenance Worker (PT) for the year 2021.
  11. A motion was made by Councilwoman Pope, seconded by Councilman Burke to appoint Douglas Heiderman as Water Treatment Plant Operator (PT) for the year 2021.
  • 5 –
  1. A motion was made by Councilman Burke, seconded by Supervisor Cummings that Deborah Forrestal be appointed to the Newstead Recreation Committee representing the Akron Central School Board with Jody Brege to serve as alternate as necessary.
  2. The terms of Mike Schilling, Tim Morgan and Jason Pragle on the Recreation Board expired 12/31/20. A motion was made by Councilman Burke, seconded by Supervisor Cummings to re-appoint Mike Schilling, Tim Morgan and Jason Pragle to the Recreation Board for a term to expire 12/31/2023.
  3. A motion was made by Councilman Burke, seconded by Supervisor Cummings that Joel Gregorio be appointed Chairman of the Recreation Board for a term of one year starting 1/1/2021 and ending 12/31/2021 subject to the requirements of the job description.
  4. A Motion was made by Councilman Burke, Supervisor Cummings that
    Dan Roland be appointed Recreation Director 01-01-2021 to 12-31-2022.
  5. A motion was made by Councilman Burke, seconded by Supervisor Cummings that Christine Falkowski be appointed Network Administrator for the year 2021.
  6. A motion was made by Councilman Burke, seconded by Supervisor Cummings that Robert Folger be appointed the GIS Administrator for the year 2021.
  7. A motion was made by Councilman Burke, seconded by Supervisor Cummings that Daniel Kowalik be appointed Emergency Coordinator for 2021 at a salary of $2,106 and Joe Hawes and Mike Mutter be appointed Assistant Emergency Coordinators for 2021 at a yearly salary of $1,286 each.
  8. The term of Tara Middaugh on the Library Board expired 12-31-2020. A motion was made by Councilman Burke, seconded by Supervisor Cummings to appoint Tara Middaugh to serve as a member of the Library Board for a five-year term expiring 12-31-2025.
  9. A motion was made by Councilman Burke, seconded by Supervisor Cummings to establish the sewer use rate for Sewer District #1 (ADESA) at $13.00 per 1,000 gallons.
  10. A motion was made by Councilman Burke, seconded by Supervisor Cummings to establish the sewer rate for Sewer District # 2 (Whiting’s) at $10.00 per 1,000 gallons.
  11. A motion was made by Councilman Burke, seconded by Supervisor Cummings that the sewer rate for Sewer District # 3 (Niagara Label) will be billed as per village rates.
  12. The following resolution was moved by Councilman Burke, seconded by Supervisor Cummings:
    BE IT RESOLVED that salaries and wages are hereby established per annum for the year 2021:
    Supervisor $39,858.00
  • 6 –
    Councilperson (3) Dugan, Burke, Jendrowski $11,775.00 each
    Councilwoman Pope declined her raise for 2021
    Councilperson (1) Pope $11,542.50 each
    Town Justice – Campbell $22,360.00
    Town Justice – Freeman $22,360.00
    Superintendent of Highways $66,420
    Supervisor of Highways (Refuse Tires) $371.00
    Supervisor of Highways (Cemeteries) $955.00
    Supervisor of Highways (Drainage) $2,811.00
    Supervisor of Highways (Refuse District) $782.00
    Supervisor of Highways (Parks) $1,618.00
    Town Clerk $53,040.00
    Town Clerk (Registrar) $1,000.00
    Deputy Town Clerk $19.68 per hr.
    2nd Deputy Town Clerk (PT) $14.70 per hr.
    Recreation Specialist $45,900.00
    Recreation Attendant for Senior Center (B. Gaik) $14.49 per hr.
    Recreation Attendant for Senior Center (W. Heberling) $13.81 per hr.
    Recreation Attendant for Senior Center (K. Myers) $13.81 per hr.
    Town Attorney $40,000.00
    Asst. Town Attorney $12,000.00
    Assessor $45,740.00
    Code Enforcement Officer/Zoning Officer $70,491.00
    Town Prosecutor (PT) $9,260.00
    Deputy Town Prosecutor (PT) $198.90 per session
    Court Clerk (full time) $21.12 per hr.
    Deputy Court Clerk (PT) J. Wagner $15.05 per hr.
    Building Dept. Administrator $25.75 per hr.
    Clerk to the Assessor/Building Dept. $18.68 per hr.
    Planning Board Chairman $3,135.00
    Dog Control Officer (PT) $10,665.00
    Deputy Dog Control Officer (PT) $17.05 per hr.
    Highway Clerk (PT) $16.64 per hr.
    Secretary to the Supervisor $28.25 per. hr.
    Historian (PT) $2,762.00
    Assistant Historian $1,156.00
    Water Maintenance Worker (PT) $27.49 per hr.
    Water Plant Operator –(PT) $23.18 per hr.
    Water Plant Asst/Parks Asst – (PT) $14.70 per hr.
    Van Driver $18.16 per hr.
    Recreation Director $14,172.00
    Disaster Coordinator $2,106.00
    Asst Disaster Coordinator (2) $1,286.00
    Cleaner (K. Pask) $16.30 per hr.
  • 7 –
    Highway Department:
    Full- time staff – as per the union contract
    Deputy: $1.75 above corresponding MEO rate
  1. A motion was made by Supervisor Cummings, seconded by Councilman Jendrowski that the Newstead Planning Board members be paid a rate of $62.00 per meeting attended for all local meetings held. The Chairman of the Planning Board shall receive an annual salary of $3,135.00 per year.
  2. A motion was made by Supervisor Cummings, seconded by Councilman Jendrowski that the Zoning Board of Appeals members be paid at the rate of $34.00 per meeting attended for all local meetings held. The Chairman of the Zoning Board of Appeals shall receive $42.00 per meeting for said meetings.
  3. A motion was made by Supervisor Cummings, seconded by Councilman Jendrowski that the Board of Assessment Review members be paid a rate of $18.51 per hour and the Chairman of the Board of Assessment Review be paid $23.87 per hour.
  4. A motion was made by Supervisor Cummings, seconded by Councilman Jendrowski that Drescher & Malecki LLP be retained to provide auditing services at a rate of $16,500 annually, for assistance for annual update and budgeting services at a rate of $1,000 for 2021.
  5. A motion was made by Supervisor Cummings, seconded by Councilman Jendrowski that James Akin be appointed in charge of building maintenance for all town buildings with the exception of the Joint Highway Facility.
  6. A Motion was made by Supervisor Cummings, seconded by Councilman Jendrowski that Dale Gooch be appointed assistant in charge of the building maintenance for all town buildings with the exception of the Joint Highway Facility.
  7. The terms of Joan Summe and Gerald Pasqua expired 12/31/2020 for the Ethics Board. A Motion by Supervisor Cummings and seconded by Councilman Jendrowski to appoint Martha Paryzch-Short and Keith Hatswell to the Ethics Board for a five-year term expiring
    12-31-2025.
  8. A motion was made by Supervisor Cummings, seconded by Councilman Jendrowski that the Town Board designates the Akron Bugle the Official Newspaper of the Town for 2021.
  9. A motion was made by Supervisor Cummings, seconded by Councilman Jendrowski that the Highway Superintendent be authorized to post roads, at his discretion, when it is in the
    best interest of the public.
  10. A motion was made by Supervisor Cummings, seconded by Councilman Jendrowski that Supervisor Cummings be appointed to the NEST Consortium for the year of 2021.
  • 8 –
  1. A motion was made by Councilman Jendrowski, seconded by Councilman Dugan that Committee Chairpersons be authorized to enlist the expertise of citizen advisors on their respective committees.
  2. A motion was made by Councilman Jendrowski, seconded by Councilman Dugan that following the annual review of the Town Procurement Policy; the policy shall remain in effect for 2021.
  3. A motion was made by Councilman Jendrowski, seconded by Councilman Dugan that all other existing Town policies shall remain in effect for 2021.
  4. A motion was made by Councilman Jendrowski, seconded by Councilman Dugan that all other terms and conditions of employment for all classifications of employees, (other than Highway Employee Full Time), of the Town of Newstead for 2021 are updated and documented in The Terms and Conditions Handbook.
  5. A Motion was made by Councilman Jendrowski, seconded by Councilman Dugan that Town Clerk Dawn Izydorczak and Deputy Town Clerk Jennifer Herberger be appointed marriage officers for 2021-2022.
  6. Attached is the updated list of the Town of Newstead committees for 2021 (see attached).
  7. A motion was made by Councilman Jendrowski, seconded by Councilman Dugan, Appointing Wendel as the town engineer for 2021 at a monthly fee of $1,373.
  8. As per Judge Campbell’s request in a letter to the town dated December 29, 2020, a motion by Councilman Jendrowski, seconded by Councilman Dugan that Judge Campbell’s salary be $1 per pay period from January 1, 2021 through March 31, 2021.
  9. Budget transfers: a motion was made by Supervisor Cummings, seconded by Councilman Dugan to approve the budget transfer(s) as presented in a memo from Bookkeeper Collen Salmon date 1/4/2021. Carried Unanimously
  10. Approval of Bills – Councilman Jendrowski reported that the Abstract(s) from Batch(es)
2096 & USDA payments have been reviewed with the previously un-audited vouchers

and everything was fount in order. He presented Abstract Batch(es) #2097 (2020) & 2100
(2021). Vouchers on this abstract(s) numbered 1366 (2020) & 1-10 (2021), totaling
$6,060.50. Councilman Dugan seconded to approve payment as follows:
Abstract Batch(es) #2097 & 2100:
General Fund (A)-$5,097.50, General Fund-Outside Village (B)-$270.00, Highway
(DA)-$0, Highway: Outside Village (DB)-$0, Drainage (SD)-$0, Fire Protection (SF)-$0,
Refuse (SR)-$0, Sewer #1 Fund (SS)-$693.00, Sewer District #2 (SS02)-$0, Sewer
District #3 (SS03)-$0, Trust & Agency (TA)-$0 and Consolidated Water (SW00)-$0,
WD1 (SW1)-$0, WD2(SW2)-$0, WD3(SW3)-$0, WD4(SW$)-$0, WD5(SW5)-$0,

  • 9 –
    WD6(SW6)-$0, WD7(SW7)-$0, WD7A(SW7A)-$0, WD8(SW8)-$0, WD9(SW9)-$0,
    WD10(SW10)-$0;
    Total: $6,060.50 Carried Unanimously
  1. Organizational matters having been completed; a motion was made by Supervisor Cummings, seconded by Councilwoman Pope that the Board close the Organization
    Meeting for 2021 at 7:25pm.

Newstead Town Board Meeting- December 14, 2020

A public hearing was called to order by the Newstead Town Board on Monday, December 14, 2020 at 7:25pm 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
Michael Bassanello- Highway Supt.
Scott Rybarczyk- Town Engineer
Dawn Izydorczak- Town Clerk

Continue reading “Newstead Town Board Meeting- December 14, 2020”

Newstead Town Board Meeting- November 23, 2020

A public hearing was called to order by the Newstead Town Board on Monday, November 23, 2020 at 7:20pm 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
Michael Bassanello- Highway Supt.
Scott Rybarczyk- Town Engineer
Dawn Izydorczak- Town Clerk

Roll Call was taken with all board members present.


The Supervisor called the public hearing to order on the proposed site plan for a 32,400 sq. ft. addition and a 732 sq. ft. addition at 12600 Clarence Center Rd owned by Niagara Specialty Metals at 7:20pm.
The Clerk read proof of publication. The Supervisor stated this project has been reviewed and recommended for approval by the Planning Board and submitted to the Town Board for final approval. Wendel did 3 engineering reviews of the project, State and County agencies and the fire company(s) were notified and comments were received.

Comments:
The Supervisor read a written comment received in advance from Mitch and Anita Davis who reside at 12657 Clarence Center Rd commenting that their understanding is this project will come only 30 feet from the roadside on Clarence Center Rd, which concerns them because they currently have
issues with the noise and vibrations that come from this business where it is currently located. They are also concerned with odors that are emitted from the business. They believe the factory structure being so close to their home will be a negative selling point for their home as well, which is also a
concern.
Martin Schuman of 74 Jackson St was present and gave the Board a petition with 27 signatures from residents on Hake Rd, Jackson St, Brodies Way and Renn’s Lane, all of whom are not opposed to the project being proposed BUT are concerned about the loud manufacturing noises that are
currently heard from the plant after 9:00pm and are asking that the noise factor be addressed when Niagara Specialties doors are open past 9;00pm at night. The pounding noise keeps most of these residents awake until all hours of the night. They are asking if some sort of sound barrier can be
erected or at least that the doors are kept closed after 9:00pm. The residents have contacted Niagara Specialties directly several times and they have been very cooperative.
Bob Shubala of Niagara Specialty metals was present and addressed Mr. Schuman’s concerns stating that the new addition will in 2 phases house first a new sawmill and then second a new rolling mill, which will replace the one that is making all the noise now. The new building processes will be
heavy duty, state of the art equipment and much quieter. They only roll on the 2nd shift when they are backlogged with work. Shifting the noise to the new mill will alleviate a lot of the current problems. They are not opposed to erecting sound barriers but only own a small portion of the parcel
so it could be difficult getting a proper effective placement. They will continue to investigate noise abatement options.
Councilman Jendrowski offered the observation that the odors referred to in Anita Davis’ letter are really coming from the I Squared R Element side of the business, not Niagara Specialty Metals operation.
Mr. Shubala Confirmed this opinion.
There being no further comments, a motion was made by Councilwoman Pope, seconded by Councilman Jendrowski to close the public hearing at 7:35pm Carried Unanimously2 –


The Supervisor called the public hearing to order on the proposed Local Law #6 of 2020 that repeals Local Law #2 of 2020 at 7:35pm.
The Clerk read proof of publication. The Supervisor stated that the Town’s 2021 budget does not exceed the 2% tax cap, therefore, it is necessary for the Town to repeal Local Law #2 of 2020 that allowed the Town to exceed the 2% tax cap so that residents will be eligible to receive real property tax freeze credits if applicable. This is just standard protocol and has been done in every year we have not exceeded the tax cap.
Comments: no one spoke
There being no further comments, a motion was made by Councilman Burke, seconded by Councilman Dugan to close the public hearing at 7:39pm Carried Unanimously



The regular meeting of the Newstead Town Board was called to order at 7:40pm with the same members present as listed above.
Supervisor Cummings led the pledge to the flag.
Minutes from the regular meeting held on November 9, 2020 were presented for approval. A motion was made by Councilman Dugan, seconded by Councilman Jendrowski to approve as presented.
Carried Unanimously

Agenda Changes – none
Communications – The Clerk presented the following correspondence:
A letter as received from Charter Communications regarding changes in programming effective December 15th

Notifications for virtual training opportunities for employees were received from Association of Towns and the NYS Department of State.
New interim guidance for Quarantine Restrictions for travelers arriving from out of state were received from the NYS Governor’s office.

The 2019 Annual Report was received from Librarian Kristine Sutton for the Newstead Public Library.


An email was received from the NY Concerned Citizens group regarding extension of the ORES comment submission deadline regarding changes to the regulations for industrial renewable energy facilities, which would strip home rule from local governments in relation to their legislative, zoning and police powers when it comes to renewable energy projects.

A letter was received from the NYS DOT notifying the town that its request for a speed and traffic study at Cedar St and Carney Rd has been initiated. Findings will be shared at the conclusion of the study.

A notice of public hearing was received from the Town of Lancaster on a proposed Local Law.
A motion was made by Councilman Dugan, seconded by Councilwoman Pope to accept and file the presented correspondence. Carried Unanimously
Work Session: The Supervisor reported a work session was held last week where the following items were discussed: water and sewer project updates, planning item updates, building issue updates, grant updates, gas well, drainage issues, Court issues, fire contract, speed study request,
Maple Lawn cemetery plus any other items brought before the Board. An executive session was held from 8:32pm-8:52pm on a personnel issue.


Agenda Items Question Period: no one present to speak. Scott addressed Councilman Burke’s question regarding the difference in addresses on the Arrowhead solar project application. The original golf course address is 12292, which is the address of record as far as the town is concerned.
The new building at the Sterling is being given a separate address of 13300 by National Grid for utility service purposes only. Councilman Burke thanked Scott for the clarification.
Budget transfers: a motion was made by Councilman Dugan, seconded by Councilman Burke to approve the budget transfer(s) as presented in a memo from Bookkeeper Colleen Salmon dated 11/23/20. Carried Unanimously
Approval of Bills – Councilman Jendrowski reported that the Abstract(s) from Batch(es) #2084 have been reviewed with the previously un-audited vouchers and everything was found in order. He presented Abstract Batch(es) #2086 for payment. Vouchers on this abstract(s) numbered 1195-1239, totaling $149,926.07. Councilman Dugan seconded to approve payment as follows:
Abstract Batch(es) #2086:
General Fund (A)-$15,144.17, General Fund- Outside Village (B)-$448.52, Highway (DA) -$0, Highway: Outside Village (DB)-$8,931.34, CAP-ADESA PS(HAR)-$0, CAP- Scotland Rd (HS)-$0, CAP- Koepsel Rd (HW)-$0, CAP Water-Downey Rd (HW01)-$0, CAP- Water Cedar (HW02)-$0, CAP-Water Knapp (HW03)-$0, CAP- Bike Path (HTG)-$0, Drainage (SD)-$5,101.28, Fire
Protection (SF)-$120,000.00, Refuse (SR)-$21.10, Sewer #1 Fund (SS)-$147.86, Sewer District #2 (SS02)-$83.41, Sewer District #3 (SS03)-$0, Trust & Agency(TA)-$0 and Consolidated Water (SW00)-$48.39, 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:$149,926.07 Carried Unanimously


COMMITTEE AND DEPARTMENT HEAD REPORTS:
Highway – a report was presented from the Highway Supt as follows: the crews have replaced 200’ of cross culvert pipe on Crego Rd, got the trucks ready for winter plow season, picked up leaves in the cemeteries, town hall and other town properties, went to Valley Fab to pick up parts, cleaned up
trees and limb’s and cut a tree on Jones Rd, took 2 loads of scrap to the junk yard, helped the Village haul chips to Zoladz’s, and put plow stakes up in parking lots and subdivisions. Mike went to see a demo of an electric excavator in Lancaster. Councilman Jendrowski asked if it was all electric? Mike said yes and there are grant funds available as incentive to purchase these machines. There can be potential problems with them though with the batteries. For now he is just investigating possibilities.
Assessor – a report was presented from Tina as follows: they are still processing exemptions as they come in and Julie has sent out notices to individuals that are still missing updated soil sheets or original applications for the agricultural exemption. Tina continues to work on inspection and
valuation of new construction.
Building Office – the following building report was presented by Christine Falkowski of the
Planning & Building Department:
Lucas Wozniak 13409 Bloomingdale Roof
Newstead Homes 11313 Miland Rd Deck
Pat Ryan 43 Golden Pond Roof
Jack Wagner 7178 Sandhill One Family Home
The Town Board accepted the building report as presented.
Town Clerk– Dawn spoke to the Board about a letter received from the State Clerk’s association regarding a request by the State Assessor’s association to the State requesting that all exemption renewals become automatic for 2021. There has been no response from the State to the request yet.
Town Attorney(s) – nothing at this time
COUNCILPERSONS:
Jendrowski- he reported that with the help of Brian Daddis 35 tombstones have been reconstructed at Maple Law cemetery. The next phase will be the German part of the cemetery as well as select Civil War stones. He and Councilman Dugan met with the Emergency Services Coordinators and
Newstead Fire Co Chief and President to formulate a plan for COVID testing and vaccinations just in case we would have to coordinate an event with the County for this. He reported the Denio work is done but the paint was not a great match and may need to be looked at. He attended a Library
Board meeting and investigated the leak problem at the Library pulling up several slabs. He is waiting for Brad to look at that area. He also discussed the school’s plan to shut down for COVID with Dan Kowalik and spoke to a resident regarding windstorm damage.
Dugan – he and Councilman Jendrowski met with the Emergency Services Coordinators and Newstead Fire Co Chief and President to formulate a plan for COVID testing and vaccinations and spoke with Dan Kowalik and Brendan about coming up with a Memorandum of Understanding with
Newstead Fire Company relative to this plan so we have it in writing. It would obviously require County involvement as well.
Burke – he spoke with the Code Enforcement Officer regarding the Niagara Specialty Metals proposed project and the Borrego Solar project.
Pope– she followed up with the resident from Quarry Hill Estates on his concerns and stated he still is concerned about the speed limit on Howe Rd, which is out of our control.
Supervisor– he met with the Senior Center Director twice, attended an Erie County Water meeting, several training sessions, virtual meetings with the County Executive and Supervisors, reported the town received its CARES Act check and worked on 2021 contracts and appointments.
UNFINISHED BUSINESS:
Buildings- Denio work is complete for now. Library leak is still being investigated.
Planning– nothing new to report
Water– Scott reported that Erie County provided comments and Wendel responded satisfactorily to those comments within 24 hours. We are still waiting on NYSDOH comments. No response back from Annie yet. Pan American has given us a quote to do an archeological survey of Kirby Rd for
$4,400.00, which the Board okayed. Wendel is still working on the culvert grant.
Grants– nothing new to report on in process grants. 100% of CARES Act monies have been received from the County.
NEW BUSINESS:
Approval– Determination of Non-Significance of Local Law #3:
A motion was made by Councilwoman Pope, seconded by Councilman Dugan issuing a negative SEQRA declaration and determination of non-significance of Local Law, determining Local Law #3 of 2020 will not have a significant effect on the environment
(Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
Carried Unanimously
Adoption– Local Law #3 of 2020-Amendments to Uniform Construction Codes:
A motion was made by Councilwoman Pope, seconded by Councilman Jendrowski approving the adoption of Local Law #3 of 2020 amending the Uniform Construction codes of the town.
(Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope-Aye
Carried Unanimously
Approval- Determination of Non-Significance of Local Law #4:
A motion was made by Councilman Jendrowski, seconded by Councilman Dugan issuing a negative SEQRA declaration and determination of non-significance of Local Law, determining Local Law #4 of 2020 will not have a significant effect on the environment
(Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
Carried Unanimously

5 –
Adoption-Local Law #4 of 2020- Amendments to Unsafe Buildings Law:
A motion was made by Councilman Jendrowski, seconded by Councilman Dugan approving the adoption of Local Law #4 of 2020 amending the Unsafe Buildings Law of the town.
(Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
Carried Unanimously
Approval– Fire Contract for Northeast part of Town- Newstead Fire Co:
A motion was made by Councilman Dugan, seconded by Councilman Jendrowski approving the proposed fire contract for the small northeastern portion of the town with the Newstead Fire
company for 2021-2022 at a cost of 2021-$30,600 and 2022-$30,212.
(Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
Carried Unanimously
Approval-Site Plan-12600 Clarence Center Rd Addition:
A motion was made by Councilman Burke, seconded by Councilman Jendrowski approving the proposed site plan for a 32,400 sq. ft. addition at 12600 Clarence Center Rd owned by Niagara
Specialty Metals, subject to the terms set forth in the resolution.
(Resolution) Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
Carried Unanimously
Public Hearing– Solar Site Plan & Permit-12292 Clarence Center Rd:
A motion was made by Councilwoman Pope, seconded by Councilman Burke approving the calling of a public hearing on the proposed site plan & permit for a solar project at 12292 Clarence Center Rd owned by Arrowhead Golf Club, with the hearing to be held on December 14, 2020 at 7:25 pm at
the Town Hall, and authorizing the Town Clerk to publish notification in the Akron Bugle.
(Resolution)Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye
Carried Unanimously
Approval- Lateral Restriction Hardship- 4466 Ayers Rd:
A motion was made by Councilman Burke, seconded by Councilwoman Pope approving the application for a lateral restriction exception hardship for construction of a new build home in water district #5 at 4466 Ayers Rd as submitted by the owner Mike Pixley, based on supporting documentation provided.
Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope- Aye Carried Unanimously
Approval– Temporary Special Use Permits for Used Auto Sales for 2021:
A motion was made by Councilwoman Pope, seconded by Councilman Dugan approving the following temporary Special Use Permits for 2021: Champion Auto Locators at 11678 Main Rd,
Dealer’s Choice at 11520 Main Rd, Smith Auto Sales & Service at 11372 Main Rd and M. Shields Enterprises LLC at 12690 Main Rd.
Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope-Aye Carried Unanimously
Approval– Temporary Home-Based Business SUP for 2021:
A motion was made by Councilwoman Pope, seconded by Councilman Dugan approving the following temporary Home-based Business Special Use Permits for 2021: WNY Woodworks at 12050 McNeeley Rd, Tonawanda General Concrete at 12509 Stage Rd, United Technology Services
at 12884 Nice Rd and Pet Rescue RX at 7429 Sandhill Rd.
Cummings-Aye, Dugan-Aye, Burke-Aye, Jendrowski-Aye, Pope-Aye Carried Unanimously
Privilege of the Floor/Question Period: no one spoke.


The Supervisor wished everyone a Happy Thanksgiving!

There being no further business to come before the board for the regular meeting, a motion was made by Councilman Dugan, seconded by Councilwoman Pope to adjourn the regular meeting at 8:12pm. Carried Unanimously


Respectfully Submitted,
Dawn D. Izydorczak, RMC, Town Clerk