Southtowns Record

Town Board minutes — May 14, 2026

Government
Town of Sardinia
Board
Town Board
Meeting
May 14, 2026
Kind
Minutes
Topics
Zoning and land use, Energy and data center siting, Public safety, Roads and traffic

Original document

Same meeting

Text · page 5 of 6

proceed with resolution of the dispute through judicial intervention, this agreement to submit disputes to
mediation will not be used against any party in the judicial forum.

20.  Any claims, causes of action, disputes, or controversies arising out of or relating to this
Agreement that cannot be resolved through mediation shall be litigated exclusively in the Supreme Court
of the State of New York, County of Erie. The parties hereby consent to the personal jurisdiction of such
court and waive any objections based on improper venue or forum non conveniens.

21.  This Agreement shall be governed by and construed in accordance with the laws of the State of
New York.

22.  If any provision of this Agreement is found to be invalid or unenforceable, the scope of such
provision shall be reduced to the extent necessary to make it enforceable, and the remaining provisions
shall continue in full force and effect.

23.  This Agreement constitutes the entire understanding between the parties and supersedes all prior
discussions, agreements, or understandings of any kind. Any amendment or modification of, or waiver
under, this Agreement shall be in writing and acknowledged by the Parties.

24.  No failure or delay by a Party in exercising any right, power or privilege hereunder shall operate
as a waiver thereof, nor shall any single or partial exercise of any right, power or privilege hereunder
preclude any other (or further) exercise thereof.

25.  When several counterparts of this Agreement have been executed, all counterparts shall
constitute one and the same instrument.

DULY ADOPTED, this 14th day of May, 2026 by the following vote: Becker, aye, Hochadel, aye,
Krist, absent, Kittleson, aye, Gambino, aye. So resolved, 4 ayes, 0 noes, 1 absent.

Supervisor Gambino stated that the next item is a resolution to approve issuing an RFP for Engineering
Services to work on the Town’s behalf in regards to the Battery Energy Storage Project. On a motion by
Hochadel, seconded by Kittleson, the following resolution to be known as Resolution #10 of 2026 was
moved for adoption.

  Resolution #10

  TOWN OF SARDINIA
  RESOLUTION TO ISSUE REQUEST FOR PROPOSALS FOR
  ENGINEERING SERIVCES REGARDING
  SARDINIA EAST, LLC BATTERY STORAGE ENERGY SYSTEM APPLICATION

WHEREAS, the Town Board of the Town of Sardinia met at a regular board meeting at the Town Hall
located at 12320 Savage Road in the Town of Sardinia, New York on the 14th day of May, 2026,
commencing at 6:30 P.M., and

WHEREAS, all Board Members, having due notice of said meeting, and that pursuant to Article 7, §104 of
the Public Officers Law, said meeting was open to the general public and due and proper notice of the time
and place whereof was given as required by law; and

WHEREAS, the Town of Sardinia received an application for a new battery storage project from Sardina
East, LLC c/o Nexamp Solar to be located at VL Genesee Road, Sardina, New York, parcel identified as
Tax ID No. 309.00-2-3; and

WHEREAS, recognizing the complexity that comes with the review of such applications, the Town feels it
is necessary to engage the services of an engineer familiar with the technical language of battery storage
siting regulations who will be able to advise the Town on compliance of this application with the Town’s
regulations; and

WHEREAS, per Section 115-63(F)(2)(h) (“Application Fees”) of the Town Code of The Town of Sardinia,
the Town shall require the applicant to enter into an escrow agreement in order to cover all engineering
costs required to review such application; and

WHEREAS, the Town specifically desires for such engineer to review application materials, with comments
to be provided on such application materials, to teleconference and video-conference as needed with the
Town and the Town’s specialists to discuss the application and specific regulations, and to attend Town
Board and / or Planning Board meetings as necessary to discuss the law with the Board and with residents
in the case of a public hearing; and

WHEREAS, the Town of Sardinia now desires to enlist the services of an appropriately qualified engineer
to assist with the review of the aforementioned application; and