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Page 33 March 12, 2026 ITEM #2 RESIDENT CONCERNS There were no resident concerns. ITEM #3 HIGHWAY DEPARTMENT Supt. Heim went over his report for the month of February. Motion by Council Member Zittel, seconded by Council Member Kassel, to approve the Highway Report. Council Members Drake, Zittel, Krzemien & Kassel; Supervisor Drozd, voting aye. Carried. ITEM #4 OLD BUSINESS a) KBWWTP-Supervisor Drozd is working on a new agreement with Kissing Bridge. Ehmke Well Drillers met with Tim Domes, the Chief Operator, in regards to the water main extension. The cost to get the tank cleaned out and inspected is $2,333.00 which will come out of the loan from Municipal Solutions. Motion by Council Member Drake, seconded by Council Member Zittel, to approve work by EHMKE. Council Members Drake, Zittel, Krzemien & Kassel; Supervisor Drozd, voting aye. Carried. b) RIC Energy- Peter Sorgi, attorney for the project, said that the final Public Hearing was in October 2025, and on December 11,2025 the Board issued a Negative Declaration for the SEQR after the Environmental Impact Statement. The Board has 62 days by law to make a decision on the project, and it has now been 93 days. NYS Town Law requires a decision within 62 days. The Town Board unanimously approved the Negative Declaration, which said the potential impacts to agricultural resources were sufficiently mitigated, same with aesthetic resources, same with open space and recreation, same with comprehensive plans. RIC Energy has addressed every issue, and the Town Engineer and Attorney agreed with that at the meeting on 12/11/25. Mr. Sorgi stated again that by law the Town Board is required to issue a vote within 62 days on the Site Plan and Special Use Permit. RIC Energy would like a vote tonight. Supervisor Drozd replied that there will not be a vote taken tonight. The Town Attorney and Town Engineer cannot be here. Mr. Sorgi said but what about the law? Supervisor Drozd stated that general council was present this evening, not the Town or Deputy Town Attorney. Caleb Henning, the Town Engineer, sent a note to Supervisor Drozd stating that there needs to be adequate time to evaluate the changes to make sure they all fall into the scope of the Environmental Review that was just completed. Supervisor Drozd also said that the Town has not seen anything yet on the Pilot Agreement that Mr. Sorgi was supposed to give the Board. Mr. Sorgi replied that that is not part of the Special Use Permit or Site Plan approval. Supervisor Drozd commented that there needs to be some time to discuss that and get that on there also. This is coming from Caleb Henning and Brian Attea. Bottom line is there will be no vote tonight. Mr. Sorgi wants it noted for the record that the Board is not complying with the law. They had 62 days to do it. It is the 93rd day. Supervisor Drozd said then they are not complying with the law, and Mr. Sorgi appreciates his honesty. Attorney McCann stated that he would not say that, but Mr. Sorgi replied that Supervisor Drozd already said it. Attorney McCann did speak with Town Attorney Attea and he asked that Attorney McCann fill in for him because he could not make the meeting. Town Attorney Attea indicated that he did need some time to review this, but in terms of any concessions, we are not making any concessions that the application is complete, or anything along that nature, with respect to our time having the clock start ticking. Mr. Sorgi told him that that is not