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THE REGULAR MONTHLY MEETING OF THE TOWN BOARD OF THE TOWN OF NORTH COLLINS WAS HELD ON TUESDAY, JULY 14TH 2026, AT 5:00 PM IN THE NORTH COLLINS TOWN HALL, 10569 MAIN STREET, NORTH COLLINS, NEW YORK.PRIVATE PRESENT: Supervisor John Tobia Councilmen: Ellen M. Mathis - Excused Michael Ortiz Peter Robbins Vicki Kehr Town Clerk Lynn M. DiVincenzo Town Attorney Richard Schaus Highway Supt. David J. Winter - Excused Item 1. Supervisor John Tobia called the meeting to order at 5 p.m. Item 2. Approved the June 2026 Meeting Minutes, as previously presented. Moved: Mike Ortiz Second: Peter Robbins ROLL CALL: Ayes: Tobia, Kehr, Robbins, and Ortiz, Noes 0. Motion carried. AUDIT OF BILLS Item 3. MOVED: Peter Robbins BE IT RESOLVED THAT the following claims, as set forth in Abstract #7 and in the amount of $186,594.79 are approved for payment by the Town Board: A#, 247,248,249,250,251,252,254,256,257,258,261,262,263,264,265,266,267,268,270,271,272,274,275,276,277,278,279,281,283,284,285,286,287,288,289,290,291,292,293,294,295,296,297,298,307,308,309,310,311,312,313,314,316,317,320,321,322,326, B# 253,254,255,256,267,272,273,280,282,312,314,319,325,326, DA# DB# 248,259,270,299,300,301,302,303,304,305,306,312,314,315,327, SF# SR# 269 SW# 260,267,318,323,324, SECOND: Mike Ortiz ROLL CALL: Ayes: Tobia, Kehr, Robbins, and Ortiz, Noes 0. Motion carried. Item 4. VISITORS: Ann Moritz: Brought up the Battery Storage Law and Data Centers Law. We should have something in our law, or at least a moratorium. Also, we need to have our aquifers in our comprehensive plan. MOVED: John Tobia BE IT RESOLVED, the Town of North Collins hereby adopts a one (1) year moratorium on the siting and construction of battery storage facilities in the Town of North Collins, to provide the town with adequate time to research and adopt local laws on battery storage facilities. SECONDED: Mike Ortiz ROLL CALL: Ayes: Tobia, Kehr, Robbins, and Ortiz, Noes 0. Motion carried. MOVED: John Tobia BE IT RESOLVED, the Town of North Collins hereby adopts a one (1) year moratorium on the siting and construction of Data Centers in the Town of North Collins, to provide the town with adequate time to research and adopt local laws on Data Centers. SECONDED: Mike Ortiz ROLL CALL: Ayes: Tobia, Kehr, Robbins, and Ortiz, Noes 0. Motion carried. MOVED: John Tobia BE IT RESOLVED, The Town of North Collins is requesting that the Planning Board consider local laws to address/regulate 1) Battery Storage facilities and 2) Data Centers; and to make recommendations to the town board. SECONDED: Mike Ortiz ROLL CALL: Ayes: Tobia, Kehr, Robbins, and Ortiz, Noes 0. Motion carried. John Spenglar: This weekend will be a presentation of postcards from the past at 1 pm at the Quaker Meeting House. Ann Converso: Re: Cars on her neighbor's property. The State Troopers were there and made a report regarding a stolen car. Can code enforcement use that report to do anything about all the cars on the property? Richard Schaus, attorney for the town of North Collins, said that he would talk with Jeneen Hill, our code enforcement, about this situation. Waste Management: Representatives from Waste Management were in attendance; Blair and Tony. Waste Management's garbage pickup is going to automated services; trash would be picked up every week, recycling every other week, and four items every other month for bulk. Also, residents would be getting 2 96-gallon totes, one for garbage and one for recycling. Discussion took place about the bulk items, and it would be fewer bulk items for our residents each month. Councilman Peter Robbins stated that we are getting less in this contract for more money and that concerns him for our residents. Blair also stated that it is horrible that you would put it out to rebid after their quote has been open publicly. Blair from Waste Management also said that he would go back and see how much it would be to do 2 bulk items each month. He stated that if it were going out to rebid, he would not submit the additional quote for bulk once a month. MOTION by John Tobia to not put the garbage contract back out to bid. Votes: John Tobia No Rebid Vicki Kehr No Rebid Mike Ortiz No Rebid Peter Robbins Yes, Rebid the contract. Vote to not rebid the garbage contract - Carried Item 5. HIGHWAY: Took down 5 trees in the lower park entrance; stickers on the truck; they will be fixing the culvert at the end of the park. Item 6. CODE ENFORCEMENT OFFICER: 22 permits; have been doing inspections, some cases in court LIBRARY: Received the grant for Kayaks HISTORIAN: None RECREATION: Summer recreation has begun, and it's going great. The slide is too hot for the kids to use; they were looking at sun sails. Afterschool Program will be starting soon. John Tobia said to go ahead and start planning for the afterschool program, and we need to charge more than $10.00 per day. Mike Ortiz suggested having a safety meeting with the counselors every day. ERIE COUNTY SHERIFF’S: No Report Item 7. COUNCILMEN Kehr: Things are going well with court; Legion is doing well, and Maggie Orrange, the Historian, is working on an article about tractor pull. Robbins: Was going to talk about data centers and battery storage; if there are any trees in front of signs, call the state and/or county, and they will take care of the issue quickly. Ortiz: New Oregon Town Park: the electric is on. Fricano Town Parks' cameras need to be moved around to get better views. July 20th is a public hearing at the Village on dissolving the Planning Board and the village having their own. ZBA would like to start changing some of the old laws in our codes. Having the Town Hall worked on with installing insulation. Received one letter of interest for the part-time maintenance person. Mathis: Excused Item 8. SUPERVISOR: MOTION by Peter Robbins , seconded by Mike Ortiz, to approve the Supervisors' Report for June 2026. Carried. 4th graders came to visit Fireworks were great at Fireworks Over Fricano RESOLUTIONS: MOVED: John Tobia WHEREAS, town government provides services essential to the vitality of New York State, including but not limited to maintaining and repairing roads, protecting neighborhoods and businesses, guiding economic development, and serving as the first line of defense, communication, and safety for residents every day of the year; and WHEREAS, the 933 towns of New York State are home to more than 9.1 million New Yorkers and are diverse in population, geography, and demographics, such that decisions affecting daily life are best made at the local level by the government that best understands each community's character, challenges, and needs; and WHEREAS, the towns of New York are partners in shaping the State's future, and a true partnership between the State and its local governments will propel the New York State forward to the benefit of all New Yorkers; and WHEREAS, the New York Association of Towns has adopted a Bill of Rights articulating the core principles that should govern the relationship between the State and its towns; and WHEREAS, the Town of North Collins affirms those principles, namely: 1. Protection and defense of municipal home rule, recognizing that towns, as the level of government closest to the people, are best positioned to balance competing interests and make decisions that shape daily life; 2. Local control of land use and zoning, free from statewide zoning rules that override the voice of resident taxpayers and the officials they elect; 3. Freedom from unfunded mandates, so that local taxpayers are not made to bear the cost of orders imposed by State and federal authorities without the resources to carry them out; 4. Modernized transparency, accessibility, and engagement, including reform of outdated public-notice requirements that consume scarce municipal dollars on print notices often missed by the public; and 5. A meaningful voice in State decisions affecting the hometowns that towns govern, so that town government is treated as a true partner rather than an afterthought or a hurdle to clear; now, therefore, BE IT RESOLVED, that the Town Board of the Town of North Collins hereby endorses and adopts the New York Association of Towns Bill of Rights and affirms its commitment to the principles set forth therein; and BE IT FURTHER RESOLVED, that the Town Board calls upon the Governor and the New York State Legislature to respect and uphold these principles in the enactment of legislation and the administration of State programs affecting towns; and BE IT FURTHER RESOLVED, that the Town Clerk is hereby directed to transmit certified copies of this resolution to the Governor of the State of New York, the Temporary President of the Senate, the Speaker of the Assembly, the State Senator(s) and Member(s) of the Assembly representing the Town of New Collins, and the New York Association of Towns SECONDED: Peter Robbins ROLL CALL: Ayes: Tobia, Kehr, Robbins, and Ortiz, Noes 0. Motion carried. MOVED: John Tobia BE IT RESOLVED, the North Collins Town Board approves John Tobia as the town's duly designated person to attend the Annual Legislative Priorities session of the Association of Towns on September 23rd, 2026. SECONDED: Peter Robbins ROLL CALL: Ayes: Tobia, Kehr, Robbins, and Ortiz, Noes 0. Motion carried. MOVED: Mike Ortiz BE IT RESOLVED: The North Collins Town Board approves budget transfers: GENERAL FUND TOWN-WIDE $ 8,843.00 FROM A1610.4 BUILDINGS CONTRACTUAL $ 8,843.00 TO A1610.43 BUILDINGS LIBRARY $ 1,518.00 FROM A1610.1 BUILDINGS PERSONAL SERVICES $ 1,518.00 TO A1670.4 CENTRAL PRINTING CONTRACTUAL $ 873.00 FROM A1610.4 BUILDINGS CONTRACTUAL $ 873.00 TO A4540.40 AMBULANCE WORKERS COMP $ 4,602.00 FROM A4540.41 AMBULANCE CONTRACTUAL $ 4,602.00 TO A4540.40 AMBULANCE WORKERS COMP HIGHWAY FUND OUTSIDE-VILLAGE $ 1,250.00 FROM DB9060.81 HEALTH INS. OPT OUT $ 1,250.00 TO DB9060.8 HEALTH INSURANCE SECONDED: Peter Robbins ROLL CALL: Ayes: Tobia, Kehr, Robbins, and Ortiz, Noes 0. Motion carried. MOVED: Mike Ortiz BE IT RESOLVED: The North Collins Town Board approves budget transfers: GENERAL FUND TOWN-WIDE $ 8,843.00 FROM A1610.4 BUILDINGS CONTRACTUAL $ 8,843.00 TO A1610.43 BUILDINGS LIBRARY $ 1,518.00 FROM A1610.1 BUILDINGS PERSONAL SERVICES $ 1,518.00 TO A1670.4 CENTRAL PRINTING CONTRACTUAL $ 873.00 FROM A1610.4 BUILDINGS CONTRACTUAL $ 873.00 TO A4540.40 AMBULANCE WORKERS COMP $ 4,602.00 FROM A4540.41 AMBULANCE CONTRACTUAL $ 4,602.00 TO A4540.40 AMBULANCE WORKERS COMP HIGHWAY FUND OUTSIDE-VILLAGE $ 1,250.00 FROM DB9060.81 HEALTH INS. OPT OUT $ 1,250.00 TO DB9060.8 HEALTH INSURANCE SECONDED: Peter Robbins ROLL CALL: Ayes: Tobia, Kehr, Robbins, and Ortiz, Noes 0. Motion carried. MOVED: John Tobia BE IT RESOLVED, The North Collins Town Board approves Lindsay Demmerley and Mitchell Warsaw as Head Counselors for Summer Recreation with a rate of pay of $18.00 per hr. SECONDED: Mike Ortiz ROLL CALL: Ayes: Tobia, Kehr, Robbins, and Ortiz, Noes 0. Motion carried. MOVED: John Tobia BE IT RESOLVED, the Town Board hereby acknowledges receipt of the Ketchum Road Monitoring Report dated July 2026, and directs that the same be filed with the NYS DEC. SECONDED: Mike Ortiz ROLL CALL: Ayes: Tobia, Kehr, Robbins, and Ortiz, Noes 0. Motion carried. MOVED: John Tobia BE IT RESOLVED, the North Collins Town Board approves John Tobia and Town Clerk Lynn DiVincenzo to sign the Intermunicipal Cooperation Agreement with the North Collins School District to collect school taxes for the 2026-2027 school year. FURTHER BE IT RESOLVED, Lynn DiVincenzo and Heidi Kibler will be paid $3,000 each for collecting said taxes. The Town of North Collins will pay Lynn DiVincenzo and Heidi Kibler in December 2026 through payroll. SECONDED: Mike Ortiz ROLL CALL: Ayes: Tobia, Kehr, Robbins, and Ortiz, Noes 0. Motion carried. MOVED: John Tobia BE IT RESOLVED, the North Collins Town Board approves implementing a safety checklist for the playground equipment at the town parks. SECONDED: Peter Robbins ROLL CALL: Ayes: Tobia, Kehr, Robbins, and Ortiz, Noes 0. Motion carried. Item 9. TOWN CLERK: June 2026 Monthly Town Clerk's Report: Total Revenues $2183.00 Dog $63.00, DEC $14.16, Marriage $ 67.50, Supervisors $ 2038.34, Recreation $2360.00. Water $121.26 We need to take a look at Lawton's water rates. Paint and Electronic Recycling Event is July 18th from 9am-12pm. Item 10. ATTORNEY: Would like to go into executive session to discuss some litigation and employment of a position. MOTION by John Tobia, seconded by Mike Ortiz, to close the regular meeting and go into executive session to discuss personnel employment and litigation and to invite Richard Schaus in at 7:36 pm. Carried MOTION by Mike Ortiz, seconded by Peter Robbins, to close the executive session and open the regular Business meeting at 7:58 pm MOTION by Mike Ortiz, seconded by Peter Robbins, to hire Daniel Kehr as part-time maintenance man at the rate of pay 17.50/ hr. Carried. Vote: Ayes: Tobia, Robbins, Ortiz. Abstained: Vicki Kehr. Carried MOTION by John Tobia, seconded by Mike Ortiz, to send the Junkyard Law to the Planning Board for review. Carried Item 11. ADJOURNMENT. Motion to adjourn at 8:01 PM by John Tobia. Second: Peter Robbins. Carried. Respectfully Submitted By, Lynn DiVincenzo Town Clerk