TB Minutes — 9-2026-minutes.pdf (full text)

Town Board Meeting, September 2, 2026 REGULAR TOWN MEETING Colden Fire Hall – 7:00 pm 1 SUPERVISOR DePASQUALE OPENED THE MEETING WITH A MOMENT OF SILENCE IN MEMORY OF JUDY CHANDLER AND EARL “SKIP” GINGERICH FOLLOWED BY THE PLEDGE OF ALLEGIANCE PRESENT Councilman Dennis Robinson Councilman Jesse Hrycik Councilwoman Patricia Zurbrick Councilman Gerald Pietraszek Supervisor James DePasquale ALSO PRESENT CEO Tom Dziulko Highway Superintendent Lee Wohlhueter Planning Board Chairman Walt Kammer Recreation Director Kip Palmateer ESCO Deputy Miller Town Clerk Deborah Jusiak Springville Journal Editor Max Borsuk Approximately 6 residents Supervisor DePasquale opened the regular September Town Board meeting at 7:02pm MINUTES TO BE APPROVED MOTION made by Councilman Robinson and seconded by Councilman Pietraszek and unanimously approved to accept the minutes from the Workshop and Regular Town Board Meeting held on August 6, 2026. SAFETY Colden Erie County Sheriff’s Office August Statistics Deputy Miller gave the following report: • 28 calls • 22 traffic details • 27 premise checks • 2 arrests Miller attended the Colden Fire Department’s car show and plans to attend the Colden Arts Festival. PUBLIC HEARINGS Three public hearings were held. A Local Law for a Moratorium Extension for Battery Energy Storage Systems (BESS) Supervisor DePasquale opened a public hearing at 7:07pm to discuss a local law to extend a moratorium on BESS for 6 months or the filing of the BESS local law, whichever comes first.

Town Board Meeting, September 2, 2026 REGULAR TOWN MEETING Colden Fire Hall – 7:00 pm 2 Resident Lara Hrycik asked if there could be a second extension if needed. DePasquale said a second extension is possible but hopefully will not be needed. There were no other comments or questions, and the public hearing was closed at 7:12pm. TOWN OF COLDEN LOCAL LAW 2026-2 A Local Law Entitled Moratorium Extension For Battery Energy Storage Systems BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF COLDEN OF A LOCAL LAW ENTITLED “ESTABLISHING A TWELVE-MONTH MORATORIUM PROHIBITING THE REVIEW AND APPROVAL OF APPLICATIONS AND PERMITS FOR BATTERY ENERGY STORAGE SYSTEM” A LOCAL LAW EXTENDING THE TWELVE-MONTH MORATORIUM FOR AN ADDITIONAL 6 MONTHS, PROHIBITING THE REVIEW AND APPROVAL OF APPLICATIONS AND PERMITS FOR “BATTERY ENERGY STORAGE SYSTEMS” IN THE TOWN OF COLDEN SECTION 1: PURPOSE The purpose of this local law is to protect the public health, safety and welfare of the residents of the Town of Colden and to maintain the status quo by temporarily suspending the processing of land use approvals as provided herein and to further suspend the rights of land owners and their designees to obtain development approvals as identified below for a period of twelve months from the date of the adoption of this local law while the Town Board studies, analyzes and determines potential appropriate revisions and amendments to the Town Code regarding the propriety of Battery Energy Storage Systems (as defined below). SECTION 2: DEFINITIONS BATTERY ENERGY STORAGE SYSTEM (BESS): A system consisting of electrochemical storage batteries, battery chargers, controls, power conditioning systems and associated electrical equipment, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand- alone twelve-volt car battery or an electric motor vehicle. A battery energy storage system (BESS) is classified as a Tier 1 or Tier 2 battery energy storage system as follows: (1) Tier 1 battery energy storage systems have an aggregate energy capacity less than or equal to 600 kWh and, if in a room or enclosed area, consist of only a single energy storage system technology. This Tier 1 Battery Energy Storage Systems category is for one- to two- family residential dwellings within or outside the structure with an aggregate energy capacity that shall not exceed: [1] Forty kWh within utility closets and storage or utility spaces.

Town Board Meeting, September 2, 2026 REGULAR TOWN MEETING Colden Fire Hall – 7:00 pm 3 [2] Eighty kWh in attached or detached garages and detached accessory structures. [3] Eighty kWh on exterior walls. [4] Eighty kWh outdoors on the ground. (2) Tier 2 battery energy storage systems have an aggregate energy capacity greater than 600 kWh or are comprised of more than one storage battery technology in a room or enclosed area. SECTION 3: LEGISLATIVE FINDINGS The Town of Colden is a rural, largely agricultural, forestry, and residential community, having a population of approximately 3,100 people, in approximately 1,100 residences, according to the results of the 2020 census. Colden has a distinctive scenic and historic character, comprised of farmland, woodlands, lakes and streams, historic structures and sites, and unique natural resource areas like Colden’s Pipe Creek basin, among others. The Town’s southern town line adjoins the 974- acre Erie County Sprague Brook Park which is a critical forested site in the Erie County Park System. Colden also adjoins cross country and downhill skiing areas that are an important aspect of life in Colden. These characteristics all contribute to Colden's unique character and help make the Town an attractive place to live, work, and play. Colden's scenic and historic resources should be protected and carried forward into the Town’s future, even as development continues to occur consistent with Colden’s recently adopted Comprehensive Plan (Comp) and Agriculture and Farmland Protection Plan (AFPP). The Town also has concerns that unregulated commissioning of BESS projects within the Town may accelerate conversion of viable and productive Agricultural Land into other purposes that would be difficult, if not impossible, to remediate at the end of the BESS project life cycle. Reverting lands used for BESS activities back the Agricultural farms and forests may be impossible for subsequent generations of our citizens. The Town of Colden is actively engaged in the continual review and updating of its zoning code and Town Local Laws. Colden’s new Comp and AFPP provide general guidance for Colden’s future, and for development on a community-wide basis. The Town must determine how deployment of Battery Energy Storage Systems may be in conflict with other Town goals. One specific area of concern and inquiry is Battery Energy Storage Systems (BESS) quality of life impact within the Town. The Town has significant safety concerns, especially following recent fire incidents at facilities across New York State. The Town intends to study the safety and security of these energy storage systems, including thermal runaway, off gassing and toxicity, stranded energy, ways to prevent fires, prevent by-product contamination, and ensure emergency responders have the necessary training and information to prepare and deploy resources in the event of a fire. The Town intends to study which areas in Colden may be appropriate for such systems.

Town Board Meeting, September 2, 2026 REGULAR TOWN MEETING Colden Fire Hall – 7:00 pm 4 In short, the Town is very concerned with the detrimental effects of Battery Energy Storage Systems on the health, safety, welfare and quality of life of the residents and citizens of the Town of Colden. Thus, the Town Board has decided to review the Town Code in conjunction with recommendations by the Colden Planning Board, and consider potential code and Zoning revisions thereto in order to address the Town’s concerns with Battery Energy Storage Systems. In order to allow the Town Board time to complete its review, draft proposed new legislation and enact any such legislation, the Town Board deems it in the best interest of the general health, safety and welfare of the residents of the Town of Colden to impose a moratorium prohibiting the review and approval of applications and permits for Battery Energy Storage System in the Town of Colden. SECTION 4: MORATORIUM Pursuant to the statutory authority vested in the Town to regulate and control land use and to protect the health, safety and welfare of its residents, the Town Board of the Town of Colden hereby declares a twelve-month moratorium on the review and approval of new as of yet unfiled and all pending applications for any and all land use approvals, including site plan approvals, subdivision plats, building permits, special use permits, change of use, and variances (hereinafter “Land Use Approvals”) for all Battery Energy Storage Systems within the Town. During the period of this local law: - The Code Enforcement Department as well as the Colden Planning Board shall defer duties for site plan review and Special Use Permits, shall not accept any application, grant any approval to, or continue the review of a subdivision plat, site plan, special use permit, change of use, or other permit that includes the permitting, construction and/or development of a Battery Energy Storage System within the Town. - The Zoning Board of Appeals shall not accept any application or grant any approval for a variance or other permit that would have as a result the permitting, construction and development of a Battery Energy Storage System within the Town. - The Code Enforcement Department shall not accept any building permit application or grant any Certificate of Occupancy or Certificate of Compliance for a Battery Energy Storage System within the Town. - Projects currently under construction and projects that have received final approvals are not subject to this moratorium. Notwithstanding the foregoing, special permit and site plan applications for Battery Energy Storage Systems may be reviewed (but not approved) by the Town of Colden if an applicant signs a moratorium acknowledgment, in a form approved by the Town Attorney, that confirms the applicant is aware of the moratorium, is processing its application at the risk of the

Town Board Meeting, September 2, 2026 REGULAR TOWN MEETING Colden Fire Hall – 7:00 pm 5 applicable regulations being changed, and assumes the consequences of such risk. SECTION 5: TERM The moratorium imposed by this Local Law shall be Extended for 6 months from the effective date of this Local Law, and will expire at the end of this 6-month extension, or at such time a Colden Local Law Regulating Battery Energy Storage Systems is filed at the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule (MHR) Law. SECTION 6: HARDSHIP WAIVER A. Should any owner of property affected by this Local Law or any applicant with an application currently pending before any Board of the Town suffer any unnecessary and extraordinary hardship due to the enactment and application of this Local Law, then the owner of said property may apply to the Town Board of the Town of Colden in writing for a variance from strict compliance with this Local Law upon submission of proof of such unnecessary hardship. For the purposes of this Local Law, unnecessary or extraordinary hardship shall not be: a. the mere concern that regulations may be changed or adopted, or that the Plan may be amended; or b. the mere delay in being permitted to make an application or waiting for a decision on the application for a variance, special permit, site plan, subdivision, or other permit during the period of the moratorium imposed by this Local Law. B. An application for an exception based upon unnecessary or extraordinary hardship shall be filed with the Town Clerk no earlier than the effective date of this Local Law, including a fee of one thousand and five hundred 00/100 Dollars ($1,500.00) for each tax map parcel claimed to be subject to unnecessary or extraordinary hardship, by the landowner or the applicant upon the consent of the landowner. The application shall provide a recitation of the specific facts that are alleged to support the claim of unnecessary or extraordinary hardship and shall contain such other information and/or documentation as the Town Board, shall prescribe as necessary for the Town Board to be fully informed with respect to the application. C. Procedure. Upon submission of a written application to the Town Clerk by the property owner seeking a hardship waiver from the provisions of this Local Law, the Town Board shall, within forty-five (45) days of receipt of a completed application, schedule a Public Hearing on said application upon five (5) days’ written notice in the official newspaper of the Town of Colden. At said Public Hearing, the property owner and any other parties wishing to present evidence with regard to the application shall have an opportunity to be heard, and the Town Board shall, within thirty (30) days of the close of said Public Hearing, render its decision either granting, denying, granting in part or denying in part, the application for a hardship waiver from the strict requirements of this Local Law. If the Town Board determines that a property owner will suffer an

Town Board Meeting, September 2, 2026 REGULAR TOWN MEETING Colden Fire Hall – 7:00 pm 6 unnecessary or extraordinary hardship if this Local Law is strictly applied to a particular property, then the Town Board shall vary the application to this Local Law to the minimum extent necessary to provide the property owner relief from strict compliance with this Local Law. D. Standard of Review. In reviewing an application for an exception based upon a claim of necessary or extraordinary hardship, the Town Board shall consider the following criteria: a. The extent to which the proposed development activity would cause significant environmental harm, adversely impact surrounding natural resource areas, public health, comfort or safety concerns and/or have a negative impact upon the Town. b. Whether the moratorium will expose a property owner or applicant to substantial monetary liability to a third person or would leave the property owner or applicable completely unable, after a thorough review of alternative solutions, to have a reasonable alternative use of the property. SECTION 7: HOME RULE Nothing in this Local Law is intended or shall be construed to limit the home rule authority of the Town under State Law or to limit the Town’s discretion in setting fees and charges in connection with any applications requiring Town approval. SECTION 8: SEVERABILITY If any part or provision of this Local Law or the application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to other persons or circumstances, and the Town Board of the Town of Colden hereby declares that it would have passed this Local Law or the remainder thereof had such invalid application or invalid provision been apparent. SECTION 9: REPEAL All ordinances, local laws and parts thereof inconsistent with this Local Law are hereby repealed to the extent of such inconsistency. SECTION 10: SEQRA This local law constitutes a Type II Action under the State Environmental Quality Review Act inasmuch as it constitutes the adoption of a moratorium on land development or construction. As such this project is not subject to review under the State Environmental Quality Act.

Town Board Meeting, September 2, 2026 REGULAR TOWN MEETING Colden Fire Hall – 7:00 pm 7 SECTION 11: EFFECTIVE DATE This Local Law shall take effect immediately upon filing in the office of the Secretary of State in accordance with Section 27 of the Municipal Home Rule (MHR) Law. MOTION to adopt a local law to extend the BESS moratorium; either for 6 months or by the filing date of the BESS law, whichever comes first, was made by Councilwoman Zurbrick, seconded by Councilman Robinson and approved by the following vote: On the Vote: Councilman Dennis Robinson - Yes Councilman Jesse Hrycik - Yes Councilwoman Patricia Zurbrick - Yes Councilman Gerald Pietraszek - Yes Supervisor James DePasquale - Yes A Local Law for the Regulation of Battery Energy Storage Systems (BESS) A public hearing on a local law to regulate BESS was opened at 7:14pm. Supervisor DePasquale said he received some comments and the Colden Fire Department has some concerns which will be given to the Planning Board for their review. There were no other questions or comments. The public hearing was closed at 7:17pm. MOTION to return the law to the Planning Board for further study was made by Supervisor DePasquale, seconded by Councilwoman Zurbrick and unanimously approved. A Local Law to add “Commercial Recreation Facility” to Ag zoning by Special Use Permit At 7:18 pm Supervisor DePasquale opened a public hearing on a local law to add “commercial recreation facilities” in Ag zoning areas by Special Use Permit (SUP). DePasquale and Chairman Kammer said allowing recreational facilities matches up with the recreational goals set in the town’s Comprehensive Plan. Resident Lara Hrycik said she’s happy the Town is using the Comprehensive Plan but said more zoning work needs to be done. The Board said zoning changes will happen in stages and SUPs allow the Town a level of control. There were no other questions or comments. The hearing was closed at 7:35pm. Vote was tabled. REQUEST TO BE ON THE AGENDA Michael Gloekler – Complaint about noise at Kummer Park 8561 Park St resident Michael Gloekler addressed the Board about increased activity at Kummer Park. Now that the Park has year-round activities, the equipment, noise and lights are a constant invasion of his privacy. He asked the board to restore a respectful start time of 8am, erect an acoustic barrier, and address the problem of his barn being partially constructed on park property. Councilman Robinson replied that the start time has been addressed and construction of the playground is mostly finished. Supervisor DePasquale said there has been a lot of positive feedback about the expanded park activities and the property issue will be investigated. OLD BUSINESS None

Town Board Meeting, September 2, 2026 REGULAR TOWN MEETING Colden Fire Hall – 7:00 pm 8 NEW BUSINESS None DEPARTMENT REPORTS BUILDINGS Councilman Robinson reported the Senior Center landing is being repaired and the Board discussed quotes for replacement of two highway garage doors. Rupp Overhead Door was the lowest bidder and had the highest r-rating. MOTION made by Councilman Robinson, seconded by Councilwoman Zurbrick and unanimously approved to purchase two garage doors and electric eyes from Rupp Overhead Door for an amount not to exceed $9,500. CODE ENFORCEMENT REPORT Report for the month of August 2025 – CEO Dziulko read the following report: • 12 Building Permits Issued • 6 Hours School • 1 Building Permit Amendment • 2 Phone Complaints • 14 Certificates of Compliance Issued • 1 Building Permit denied • 1 Fire Inspection COMMUNITY DEVELOPMENT Councilwoman Zurbrick reported the seniors have a trip to Hammondsport on September 24th and a mystery trip on October 21st, the veterans Hometown Hero banner applications are available online and at the Town Hall, a safe driver class is scheduled for September 9th, and the Farm Market Truck will be at Town Hall on September 11th and 25th from 10am -11am. DOG CONTROL Councilman Robinson reported on an upcoming dog census mailing, the cost is $1235.00 plus postage. ENVIRONMENT The Environmental Board will be meeting to review the proposed BESS law. HIGHWAY AND PARKS Councilman Robinson read the following report: September Highway Report • Final round of road grass cutting is underway • We did some profiling of our roads on schedule to oil and stone next year and I would like to thank the Town of Boston for supplying the equipment and their whole crew for the 3 days we had here with us to get our job done.

Town Board Meeting, September 2, 2026 REGULAR TOWN MEETING Colden Fire Hall – 7:00 pm 9 • We were able to max out our 2025-2026 salt contract before the August 31 deadline and secured almost 333 tons of road salt at old bid price of $57.79 per ton before the new increase effective September 1st to $93.24 per ton took effect. A cost savings of $11,831.08 • Tentatively at some point we are going to be working off right of way this month at the bottom of South Hill doing routine maintenance on one of our road water shedding locations. Parks Report • Daily maintenance continues in town, in the park, and on the frisbee golf course. • The new park rules signs have been installed. INSURANCE No report LIBRARY Councilman Hrycik reported the following: Boston Free Library: Hosting preschool story hour on Thursdays and a Fall craft scheduled for September 24th. West Falls – Colden Library: Having a book sale on September 12th from 10am – 1pm, writing club on Fridays at 10:30am, a trail talk on September 22nd at 6:30pm. PERSONNEL Councilwoman Zurbrick reported that training is still needed for some employees.The Board discussed hiring armed constables with peace officer status. Councilwoman Zubrick said for the record that the Town is adding positions, not replacing the current constables. Supervisor DePasquale would like to get them in place before next month’s meeting, an email vote may be required. PLANNING Councilman Hrycik reported on the Planning Board’s continued work on Kummer Park, BESS regulation, and poultry regulation. WATER Councilman Pietraszek reported the following: • Usage update: At present time consumption billed by ECWA 2,029,000 gal. cost $ 8,866.73 + $434.87 = $ 9,301.60 expenditure for March water usage. o ECWA water cost $4.6 / K o Water usage – 45 G/M/31D • Continue working on nonreading meters & registers • National Fuel contractors are using filling station for line flushing on Hayes Hollow line

Town Board Meeting, September 2, 2026 REGULAR TOWN MEETING Colden Fire Hall – 7:00 pm 10 • Fox Construction hauled water for NFG to flush the Route 240 line west of Rt 240 (used 168,000 gal as of 8/20/26) • Allstate Insurance billed for water used on structure fire on Supervisor Rd • Erie County Water Authority sent notice of possible negotiation on water purchasing, reached out twice, no answer yet. Water Billing: • Open Accounts as of 08/01/2026 billing: Water Charge (224 units) $27,208.12 (3,470,320 gal) Infras + Capital Surchg $4,905.60 Arrears $9,383.41 Total Billed Sent $41,497.13 Current Receipts to date $6,784.82 Arrears to date $34,712.31 Councilman Pietraszek reported that Town Attorney Ron Bennett will be speaking with the EC Water Authority about the Town’s contract. RECREATION Recreation Director Palmateer reported that a new yoga class will run on Thursdays at 7:00pm from September 3rd through October 8th and the September 2nd concert was postponed. RESOLUTIONS None BUDGET TRANSFERS None TOWN CLERK REPORT Supervisor DePasquale asked Town Clerk Jusiak to advertise for 3 public notices: 1. A Public Notice for the 2027 Town Budget Workshop and CDBG Workshop being held on Thursday, October 1, 2026, at 6:00pm. 2. A Public Hearing on Local Law 2026-5 Tax Cap Override on October 8, 2026, at 7:00pm. 3. A Public Hearing on 2027 Community Development Block Grant projects on October 8, 2026, at 7:00pm. SUPERVISOR’S REPORT Supervisor DePasquale reported the budget will likely see increases due to large rises in construction materials and insurance costs. The Colden Art Festival is on September 12 & 13. PAY BILLS MOTION made by Councilwoman Zurbrick and seconded by Councilman Robinson and unanimously approved to pay the following bills:

Town Board Meeting, September 2, 2026 REGULAR TOWN MEETING Colden Fire Hall – 7:00 pm 11 General Fund 2026 Vouchers #338 – #376 $194,249.02 Highway Fund 2026 Vouchers #100 – #111 $60,617.69 Water District 2026 Vouchers #38-42 $17,268.43 Lighting District 2026 Voucher #11 $1,724.50 Refuse District 2026 Voucher #8 $36,382.28 PRIVILEGE OF THE FLOOR A resident thanked the Highway Department for their work in Seneca Brook. ADJOURN MOTION made by Councilman Pietraszek and seconded by Councilman Hrycik and unanimously approved to adjourn the meeting MEETING ADJOURNED AT 8:24PM Respectfully submitted, Deborah Jusiak Town Clerk