Town Board minutes — May 14, 2026 (full text)

Regular Meeting 18 May 14, 2026 Public Hearing A Public Hearing was held May 14, 2026, at 7:05 p.m. at the Marilla Community Center, 1810 Two Rod Road, Marilla, New York. Proof of publication in the East Aurora Advertiser as well as posting it on the Official Bulletin Board of the Town was presented by the Town Clerk. Officials present were: Earl Gingerich Jr., Supervisor Brian Nolan, Councilman Randy Reichert, Councilman Matthew Dolegowski, Councilman Anthony Sebastiano, Councilman Approximately (43) people were in attendance. Supervisor Gingerich stated that the Public Hearing was called to order. The purpose of the hearing was to listen to public comment on Local Law #2 of 2026 entitled "One-Year Moratorium on Motocross Tracks and Courses". Supervisor Gingerich asked if there were any interested people who desired to be heard. Resident Danette Fernadez of Bush Gardens asked what exactly is this? Supervisor Gingerich Jr. stated it is for ATVs, Four Wheelers, Dirt Bikes, etc. that use tracks and jumps. This can be done on your own property if it is for family and a few friends. It is not for commercial/business use. A local law we created, a Public Hearing will be held, it can be amended and changed. The Town Board does listen to you. Hearing no further comment from those in attendance, the hearing was closed at 7:10 p.m. ___________________________________________________________________ Public Hearing A Public Hearing was held May 14, 2026, at 7:10 p.m. at the Marilla Community Center, 1810 Two Rod Road, Marilla, New York. Proof of publication in the East Aurora Advertiser as well as posting it on the Official Bulletin Board of the Town was presented by the Town Clerk. Officials present were: Earl Gingerich Jr., Supervisor Brian Nolan, Councilman Randy Reichert, Councilman Matthew Dolegowski, Councilman Anthony Sebastiano, Councilman Approximately (43) people were in attendance. Supervisor Gingerich stated that the Public Hearing was called to order. The purpose of the hearing was to listen to public comment on “Land Lease Agreement with the Marilla Historical Society". Marilla resident asked where the building will be, what is the cost to the town? Supervisor Gingerich Jr. stated that it will not cost the town any money. It is solely on the Marilla Historical Society. It will be on West Avenue next to the Roloff House behind the Town Hall on the other side of the fence. The square footage will be about 1,700 square feet. Councilman Nolan stated it will be by the u-shaped driveway. Patrick Wirth Stolle Road stated he thinks it is a great idea. The Town of Marilla has a long history. Resident Danette Fernandez asked, are you building a whole new addition? There is not going to be any construction to the existing buildings? Supervisor Gingerich Jr. stated that it is totally separate building being built. Not attached to any existing town buildings.

Regular Meeting 19 May 14, 2026 Supervisor Gingerich asked if there were any interested people who desired to be heard. Hearing no further comment from those in attendance, the hearing was closed at 7:15 p.m. ___________________________________________________________________ Public Hearing A Public Hearing was held May 14, 2026, at 7:15 p.m. at the Marilla Community Center, 1810 Two Rod Road, Marilla, New York. Proof of publication in the East Aurora Advertiser as well as posting it on the Official Bulletin Board of the Town was presented by the Town Clerk. Officials present were: Earl Gingerich Jr., Supervisor Brian Nolan, Councilman Randy Reichert, Councilman Matthew Dolegowski, Councilman Anthony Sebastiano, Councilman Approximately (43) people were in attendance. Supervisor Gingerich stated that the Public Hearing was called to order. The purpose of the hearing was to listen to public comment on “Special Use Permit for 11411 Stolle Road". Supervisor Gingerich asked if there were any interested people who desired to be heard. Resident Patrick Wirth of Stolle Road directly across the street from this residence. This is the 5th meeting I have attended on this issue and am fully in objection of this. Not only is this a safety issue but also a possible financial risk. I recently had a market analysis done in April from Hunt Real Estate and my market value of my home currently is between $500,000-$600,000. I am also recently retired and know of several other people retired on Stolle Road. In any ones financial plan of the future is your home that plays a big role in that. For my wife and myself we might want to sell our home in the future. If I were to sell my home three years from now when I am 65 and I invested my asset which is my equity as I own my home. If I invested the SMP for 15 years, $500,000 at fifteen years and use the market rate for inflation trusted annual compound interest rate at 7%, I am being hard on myself, that is about $1.4 million that I would potentially lose, not only would I lose that but if I can’t sell my home my whole goal goes from $500,000 to $0 because every person knows that if present a buyer option A, Option B, there both identical the only difference is option A is directly across the street from a Shelter, they’re going to choose option A. There is no rational husband, father, mother is going to choose option A because they aren’t going to take the safety risk of living across from a shelter. We are not just looking at a significant safety risk but also the loss of peace of mind and financial loss. It is real. I have spoken to over 100 people and ask them if they have heard what is going across the street from me and not one of them have said that is great news your property values are going to escalate. It was the exact opposite and hoping that it does not happen. I know the town has heard from me before and I appreciate them giving me the opportunity to speak again and I just ask that they put the town and the residents first. We live here, the people moving into that home will never live here, never pay taxes. We need to preserve this town; we don’t want or need it. Resident John McCoy of Stolle Road I own the property directly next door to this home. I am opposed to this. We have heard all this before regarding the safety, yes huge. I want to focus on something else, the people that could be in the shelter. In the original thing it has gone back and forth several times Domestic Violence, Human Trafficking whatever it might be. It says here that cell phones will not be permitted, residence shall not use email or social media, they shall not have cars, they shall not have visitors, why are these woman being punished? Does this sound like this is helping? I work at Attica Prison and I want you to think about what that place is like. This is worse. Our guys have Wi-Fi, tv’s, our guys have access to the outside world. So your saying your going to punish these women because they were trafficked or part of domestic violence. I just want to let that sink in. The qualifications of the staff concerns me as they were not answered last time we were here, so hopefully you have some answers today. Are these Aids, LPN’s, RN’s, are they trained in security, are they trained in conflict resolution because I think we have all seen in

Regular Meeting 20 May 14, 2026 the news the last couple of weeks, conflict of resolution in that type of environment. A girl counselor just got stabbed in the face at Collins Correctional and six guards just got there butts handed to them last week. They tried conflict resolution. I want to know what they can do if something were to happen? The other thing I would like to know is the safety of the staff, the residents and the community? If something does happen who’s getting called, who can be here fast enough to help me, the people working there or any of the other neighbor’s? Who is that going to be? I believe there was an incident a month or two ago on Stolle Road and EMT’s weren’t able to get there for a half hour or so. It’s going to be a while. We choose to live here, these women are not going to choose to live here, there going to be put here. The staff safety the resident safety and the legal rights, we just brought up the insurance. What if someone gets hurt, it’s on the homeowner, well my home/property is directly boarding right next door to this house. If I go over to Pat’s house fall and hurt my ankle, I’m not going to sue him and I’m sure he would do the same thing. These women have everything to gain, easy fix get the lawyers out there, lets sue him I tripped on his rock even though there not suppose to be there and there are posted signs everywhere because now I have to make my property look like crap here we go. That should work. The other thing I would like to know, and I know this is going to piss people off and I am going to say it anyways. Is this for legal American woman? With that, I don’t want the Illegals, Somalis and everything else we see all over the place. Since we never get an honest answer on what this place is going to be, what is going to be there? Legals or Illegals? So, like I said before it’s all good until it’s not. I don’t want it to be not. Let’s leave this alone and get rid of it and be done. The whole world knows where you’re planning to put this house. Theses inmates I talk to will come for these women if it is a Domestic Violence or Human Trafficking. Also, as far as this house is supposed to be for sale, we can’t find it for sale anywhere. The sign has fallen over, so I want to know if they just wrote this off as this where we are going or is the home actively up for sale? Those are my questions and concerns about this house moving forward. Resident Robert Puckett of Stolle Road I live right next door. The thing that bothers me even more as I have no idea who these people are or what they are capable of. I have small grandchildren that come over and stay at our house. What if these people decide to come over to my property? It doesn’t take long to walk over, maybe two seconds. Does that mean I have to start putting cameras up for security? I’m sorry, I am totally against it. Resident Amy Kotecki of Stolle Road There are many reasons my husband and I are against this. The last four meetings I have been to there are too many unanswered questions and lack of transparency from day one. Something smells fishy and I don’t want it to be our town. I have a family of four, it is a safety concern for us and I don’t want it here. Attorney Sean Hopkins representing the applicant - William and Diane Hein Foundation I want to make several points. Number One why are we here? What is before the Town Board this evening? What is before the Town Board this evening is a request for a Special Use Permit for the proposed use of the existing residence at 11411 Stolle Road as a Boarding House/Rooming House as defined 700-8 of the Zoning Code. What does that mean, what is the definition in the Zoning Code? The definition is straight from the section 700-8 Zoning Code A dwelling other than a hotel or motel where more the two persons are housed or lodged for hire with or without meals. I want to make it clear the residents of this proposed project do not follow within that definition. One may ask why not. Because they will not be paying, there is no lodging or food for hire. They will not be paying to reside there, so it does not fall in that definition. So where does it fall? In our opinion, I think this backed up legally, this is basically a family, while unconventional family from what many of you might think of. Under New York State law and Federal law, we believe it qualifies as such. Let me explain why. First of all, we have to go back to the decision that was issued by the Zoning Board of Appeals way back on September 10, 2025. What did that allow? That was a Variance for what is known as a definition of a family. It allowed 10 unrelated individuals to reside in the existing house on the property. That is exactly what we are doing. So first of all, I want to make clear these individuals will be living as single housekeeping unit, it will be stable throughout in transit housing the typical stay will be between 12-15 months and as such we have to focus on what the code. I want to make it clear, I don’t believe we even need this Special Use Permit, I think we are covered by the Zoning Board Appeals decision on September 10, 2025, that basically said this already

Regular Meeting 21 May 14, 2026 qualifies, this qualifies as a family. But I also want to focus on the fact that one clear premise of zoning is it has to be based on by the use not the occupants and what I have heard again and again I am starting to hear tonight and I’ve heard in connection with previous meetings of both Planning Board and other Boards is focused on who these people are meaning we don’t want them here, we don’t want these people here, we don’t want this, we don’t want that. This decision must be based on the code. It’s not simply on a popularity contest as hey raise your hand if you support this now raise your hand if you are against this. We are going to rely on in terms of our position. I also want to make clear that each and every document that we have previously submitted to this board is part of the record. We did make a very detailed Special Use Application based on the direction we received from the town and the town code sets forth the criteria that governs it. Again, it is governed by very specific criteria, and I want to talk about those criteria’s quickly. In the context of this, so some of you the people I know on the Town Board, are familiar with this there are various land use approvals, there’s Variances, Rezonings, Special Use Permits, there Sub-Divisions. A Special Use Permit is clearly distinguishable from the other approvals. Basically what the case law says when a zoning law lists a permitted use allowed by a Special Use Permit it is catamount to a legislative finding that the permitted use is in harmony with the general zoning plan and will not adversely affect the neighborhood, meaning once a town has decided and it wasn’t this Town Board it was a predecessor Town Board at some point has decided this qualifies, they basically made the determination it is an allowed use as long as you meet the criteria set forth in the Zoning Code and what are those criteria’s? There is four criteria’s specifically spelled out in the Zoning Code. The first one is as follows: the proposed Special Use is consistent with the general intent of the towns Comprehensive Plan with each of the specific purposes as set forth of article one herein. That section of the Zoning Code and Comprehensive Plan basically says the goals of the Town of Marilla are to maintain a continuing covenant directed to the preservation of sound residential neighborhoods the elimination of light and/or deteriorating conditions. This housing does not conflict with that goal. Basically, there are no improvements being made to the property and the house is already more than 5,000 square feet, it’s ten acres in size, it greatly exceeds all setbacks required, it greatly is lower than the lot required, it meets that criteria. While the housing by be different than what many are used to it is non the less housing. It is individuals residing together at a single location as a single housekeeping. Because the property is so large, ten acres in size the density is one person, one female person per acre. This is not a high-density project. The second criteria is the location and size use of the structures involved nature intensity of the operations involved in the size and layout of the site relation of the proposed Special Use are such that will be compatible orderly development of the use district. This site is properly zoned. Again, there are no changes, this house was formally utilized as a Bed n Breakfast, this is not a new facility, we are not building a large building here, commercial building, we are simply using the house as it is there today. The house that is under contract with the Hein Foundation. The third criteria the operation of the proposed Special Use is not more objectionable to the uses of nearby properties by reason of dust or smoke emission, noise, odors, fumes, pollution of air or water including subsurface waters, unsightliness or similar conditions. That would be the operation of end permitted use. The proposed use does not involve any of those adverse impacts. Most of those potential adverse impacts would apply to something that is more industrial or manufacturing in nature, when you think dust, smoke, noise, odors, fumes, pollution, etc., etc. So, we meet that criteria. The four criteria of the code, the proposed Special Use, satisfies each and every all standard conditions specified by such Special Use by the relevant all the provisions of this article. We meet those. I do want to know two important things that this board has the power to do. The board does have the ability to impose reasonable conditions. They certainly have that ability. I acknowledge that, that is a matter of New York State and Town Law and as well as section 700-46B of the Zoning Code and it’s also true that Special Use Permits are only valid for a period of one year, that is based on the code and the reason that is important is all this conjecture, all these problems that are going to occur, we don’t believe that is the case. This has to get reviewed by the Town Board again meaning you know I don’t know why everyone doesn’t believe that based on all the representations we have made all the conditions we are proposing in connection with this Use that’s going to be such a bad thing. Is it different, again then what many people are used to? Yes, there is not denying that fact. The other thing I want to mention is that the Zoning Board, in connection with it’s homework did pose a series of conditions. We are fine with all those conditions, but I want to review what they are very very quickly. These are right from the resolution that they adopted on September 10th of last year. Condition number one: The number of allowed residents will be ten. This will be

Regular Meeting 22 May 14, 2026 limited to ten female victims of Abuse. We don’t need to get into the various categories of what is abuse. They are victims of abuse; they are people that need assistance. Number two: The variance approval is specify to the resident for restoration of woman 18 years of age and older who have experienced and been victims of abuse. Condition number three: Owner to enter into a Pilot agreement to pay taxes equivalent to the taxes being paid based on the present assessment. I want to make that clear while this would qualify for tax exemption under New York State Law, we are not seeking one. Leave the tax bill the way it is and pay full market value or enter into a Pilot and pay the equivalent, we are not seeking to be subsidized by the Town or the County. Criteria number four: Condition number four: Night security to be on the premises from 11:00pm through 7:00am. On site program staff will be available and there will be at least four team members on site during the day. Question came up during the Planning Board meetings, well who will be the security? Our goal as far as security would be someone from either an existing or retired law enforcement officer. That someone that will go through training, that someone who is very capable of providing adequate security services and we are fine with that. Criteria number five: All residents will have quiet hour between 10:00pm through 7:00am. They need to be in the residence by 10:00pm. Allowable reasons to be off site include appointments, appointments with providers, seeing mental health and mental care. Condition number six: Pertains to safety and having to call 911, there will emergency buttons, there will be cameras in the property for security and law enforcement will have access to the cameras that patrol the residence and finally residents will not be allowed, because this came up last summer in front of the Zoning Board of Appeals personal vehicles. So, all those conditions would be acceptable in connection with the Town Board review. We also did provide the Planning Board and the Town Board with copies once again with a series of rules and regulations, fourteen rules and regulations and the concern has come up and I’ve heard it voiced this evening. Well, this is worse than Attica, this is worse than that prison and that simply is not true. We are doing that to maximize their protection of these women. That is the reason we are doing that, we are not doing this to penalize them, the goal is to help and to suggest otherwise I think it is somewhat illogical. The sole reason we are providing this program and again it is through the generosity of the William Hein Foundation and others that will be involved in the project. We think based on the code, based on the fact this clearly qualifies as family that this qualifies for the requested Special Use Permit. We believe the proper decision and the legal decision that it should be issued by this Town Board is grant the Special Use Permit, again we welcome discussion in terms of appropriate conditions. If you want me to address other questions I can, if you would like me to wait until the end and address other questions, I don’t want to take up more time needed but I would welcome that opportunity. So, I don’t know if the Board any questions that I can answer. Resident Chuck Blanchard of Winde Lane the part that bothers me is that people like this want to come in and do this stuff, but they don’t have them there area. Go put them in someone else’s. It is like all the politicians are the same. Once we screw this up because we are not doing ours its alright for me to have at my house but not at their house. Which is a lot of Bullshit. We came out here because we like it out here, we have been paying Taxes out here because we love it out here, we don’t need people to come out here to change everything they want it. Let them go back to the city where they belong. Resident Lynn Blancard of Winde Lane I don’t want it here. The people on Stolle Road are right there with it. You don’t know what these ten women are going to do or their abusers, they will find them. We don’t want it here, we have a nice rural community, nice and quiet. I’m older, I’m a Senior Citizen, my husband is a little bit older than I am. If he passes away first what in the world is going to happen to me, when these woman that have to in the house by 10:00pm, out from 7:00am to 10:00pm and where ever there going and there abuser finds them and they decide oh look at this we can go and break into this women’s house and rape her and kill her. I don’t want that; I don’t want that for any of these people that live on Stolle Road, and they have children and it’s going to bring our property value down. I don’t want this at all, go back to Buffalo or someplace else, but I do not want it. I won’t feel safe here, I love this Town of Marilla. I have been here and got married July 29th, 2000, and that’s when I became a Marilla resident here, I will have been a resident for 26 years in July and I don’t want things to change. It’s nice and quiet we are peaceful here, it’s beautiful, we have farmland, we have a lot of nice things, and I don’t need those ten women, I feel bad for them, I can’t help that, but they don’t need to be here. Go someplace else, see all these people here the people on Stolle Road especially, you don’t know what those women will do, they can’t have a cell phone, no cars there abused but they can find ways to

Regular Meeting 23 May 14, 2026 get to our vehicles break into things and then there abusers come along and find them, everybody finds people. I don’t want it here at all. Resident Ellen Kubiak of Townline Road I just don’t understand the fear, I guess. I listen to this gentleman, I feel like he’s following whatever laws, zoning or whatever that is what you guys really need to follow through with what we are talking about. These are ten women that sounds like it’s a safety issue is going to be done with the Sheriffs or whatever there hiring, local ex law enforcement. These women need help, they’re going to be there 12-15 months, they’re there to get help, they’re not there out to hurt anybody, they’re there to get help and to be safe in a rural community I think is a good thing for them, I don’t understand. I don’t know why everyone is such an uproar. But anyway, I think they will be secluded and quiet and not harm anybody else. They’re there to get help, they’re abused, I don’t see the fear that everyone is talking about. Follow the law whatever that all is um I don’t know, I just think it is a right thing for them to get help. If it’s the right facility for them then why not I don’t get it. Resident Danette Fernandes of Bush Gardens I understand everybody that lives in and around the area has valid concerns. Has anybody even looked this up? I just looked it up while sitting here. It says there is no conclusive proof that living near a well-run safe home such as confidential Domestic Violence Shelter creates a measurable safety or long term financial risk for the surrounding community and its safety risks real versus perceived. It’s real easy everyone knows how to use Google, look it up and just take a step back. I get all of you that have grandkids and live next door, but there is already crime around. Did anybody see the news, the drugs, the crime, it’s here already so. Just saying. Resident Helen Bourgeois of Williston Road I feel for all these ladies, but with such strong restrictions what do we have to offer them. What are they going to get by being in this house other than being safe? Is there going to be classes, is there going to anything for them there? If they can’t go anywhere, can’t be on the phone they can’t do this can’t do that, that doesn’t sound good for them. So, what can we offer them other than a nice place to live, which that is a beautiful house, I wouldn’t mind living in it myself. But what else can we offer them, what do we offer them once they are there? Is it only going to be ten? Resident Steven Beddick of Two Rod Road I have been to every one of these meetings since the very first one. One thing I have noticed is the organizers of this home have changed their story about every meeting that we have had. So, the very first meeting they told us this needed to be confidential that if anyone knew this was a home for battered women that they couldn’t do it here because it would not be safe for the women that people would know it was a battered home that if there wife went missing they would come looking for them. Ok, well everyone knows this is a shelter for battered women and yet they are still here. So then, they initially said we don’t need security and were just going to have some Social Workers in there. Now they’re hiring Police Officers. When we asked what is your experience operating such a shelter this exact organization, this particular organization has only run day shelters. They have never run an extended time live in home. So when you say a well-run organization, how do we have any assurance. We are the guinea pig. We are the first one where there putting in such a place so you know they just have not been honest, they haven’t been transparent. I don’t think they are deserving of getting a permit varication. I’ll rest my case. Resident Kelly Beddick of Two Rod Road He said this permit is more or less a family permit; you don’t need Security for a family. Second, what happens if they violate this Special Permit? Do they get fined, do they get revoked. Who’s there to police whether they violate their permits and conditions and if they do lose their permit, what happens to the house? They talked about modifying a little bit inside. Now you have a single dwelling home that’s been modified for ten women so how is that going to be put back on the market to have an interested buyer? We are not worried about the women, we are worried about who’s coming to look for the woman or the trafficker’s, that’s what we are worried about it’s not the women it’s who they bring, and when you talk about statistics on Google, they don’t keep statistics, so you can do a Google search but that Google search is not valid because they do not keep statistics. I looked it up at the last meeting if you were here the last meeting you would have seen that.

Regular Meeting 24 May 14, 2026 Karen McCoy Cook Road I own the property next door to the proposed facility. I’m going to go back to something that Kellys husband said the last meeting. You had brought up about why this house? Here’s the thing with all these meetings and you see that every direct neighbor to that property does not want this, so why are you pushing this on us? There are plenty of available properties in Western New York for something like this the would be better apt for it whether it is security, whether it’s jobs or whatever, but why do you keep pressing on when it’s obvious that every single direct neighbor, now not everybody in Marilla is against it but every neighbor on the street is? Why would you want to put a facility in with people that are against it and don’t want it are aren’t welcome? Resident Debbie Zimmerman of Townline Road and you all probably know me, I’m on the Planning Board. I was there the very first meeting that this organization when you came to the Town Board. It was January or February, and we asked them what their names were and they refused. They would not say their name the organization nothing. To me that is not being transparent from day one. They weren’t transparent or they didn’t want to give us any direction what this was about, and we have been going on all these months trying to find out. Chris Welch of Stolle Road I have been to a few of these and it’s interesting as I stand here, we don’t need a Special Use permit because by our definition this is ok. By their own omission if this was a family they would have not had to go for re-zoning because the ruling of the Board loop hole that they got into only applies to new family members, so you can’t sit here and say you need to give us variance on zoning to have ten people in here that are not a family member, but were family. So, it’s very odd to me that you want to stand here now and say we need the definition of family. We’re good to go we don’t need your Special Use permit, but we also needed your Zoning Board to give us a Variance because we are more than four unrelated family members to protect us. And the reasons that is because when you go above four you can’t legally discriminate on who stays there, so if they meet the definition of a Rooming Boarding for ten people legally I can apply to stay there because they are no longer under Murphys Law where you can discriminate who can stay there. So it went in our favor, you don’t meet the definition in any way, shape or form of a family. Two, one of the main reasons to deny a Special Use Permit is for objectionable aspects. If you look up the definition of objectionable aspects and I’ll read it because the law if very precise, all these behaviors are concepts that are offensive, unacceptable or highly unpleasant causing disapproval opposition or discomfort. I think we have seen every single one of them. So, the definition of a Special Use Permit we have objectionable aspects. The main concern for me to is that we just did a moratorium on Motorcross Parks we have found Motorcross Parks to be such a concern to this community that we are going to put a one-year moratorium on them, but we didn’t do a moratorium on a housing unit for Domestic Violence, so motorbikes are a bigger concern than Domestic Violence and the issues that have come up. Whatever this facility is, is less concerning than this other. Two, we are sitting here talking about allocating space and resources to a Historical Society when it’s not the base of what the history of what Marilla is. One my way to driving to my house on Stolle Road just across the line I get to a sign that says Welcome to Marilla, which is this beautiful farm community with all these people and the first thing I see on Stolle Road is a fabulous new Solar project eating up farm land and further down Stolle Road was a Bed & Breakfast there that was a community asset to people that were coming to Marilla to enjoy the things Marilla is known for sense of community, little country stores, farms that you can drive by with horses and things to look at and now we are going to a loop hole that I believe our Zoning Board made a classic mistake in because they didn’t know that they were getting back doored. The Zoning Board was working in good faith all the while getting I think loop holed. They were putting the facility there that doesn’t meet the character of that neighborhood. The very big pressing issue to is if I were another facility of some other type Marilla just signaled that we are open for business because by allowing the Special Use permit you have agreed to new zoning area, you have set a precedent because if you deny the next place, you’re going to get sued. You know what you made a good point about land values; I better sell mine now and the best place I can sell it to is another facility. If Mr. McCoy decides to sell his property to somebody wants to build a facility for some other ten unit lets say because we are going to be an alarmist. Your giving a lot of leeway to a definition that they don’t meet. It needs to go back to the Zoning Board, there needs to be a moratorium, and we need to define what a Rooming Board is and what a Shelter is within the Zoning long before this other moves forward.

Regular Meeting 25 May 14, 2026 Supervisor Gingerich Jr. stated first off, it is not a re-zone, it never got re-zoned, it is zoned Agricultural. They had to go for a variance under the Zoning Board of Appeals. Once the application is applied, we cannot institute a moratorium of changes because once the application starts it is grandfathered regardless of what we do. Now, I will make a statement later as to what the town has done and there will be no future ones in the “A” zones. Yes, we take this as a high concern on Motor Crossing. Motor crossing came up over one year ago and we let it ride and tried working with the landowners because of the issue now we are getting some other people questioning us so that is why we are putting it in. But don’t ever say this Town Board isn’t proactive. We are not going to go back and forth; we are going to close the Public Hearing soon. I understand the frustrations. Hearing no further comment from those in attendance, the hearing was closed at 8:00 p.m. ___________________________________________________________________ A regular meeting of the Marilla Town Board was held May 14, 2026, at 7:00 p.m. at the Marilla Community Center, 1810 Two Rod Road, Marilla, New York. Officials present were: Earl Gingerich Jr., Supervisor Brian Nolan, Councilman Randy Reichert, Councilman Athony Sebastiano, Councilman Matthew Dolegowski, Councilman Supervisor Gingerich called the meeting to order and the Pledge of Allegiance to the Flag was given. Communications Councilman Reichert read a letter from the East Coast Malinois O.G. Gartenstaat IPO, Inc Club Committee Reports Highway Superintendent Unverdorben stated that item E on the agenda will be 2026 not 2027. The company moved the production date up. Councilman Dolegowski stated the Memorial Day parade will be May 30th and there will be over 40 units. The ceremonies start at 10:00am at East Avenue Cemetery, 10:30am at the Two Rod Cemetery and the parade will be at 11:00am heading to the Memorial on Bullis Road. Community picnic with live music will immediately follow. Everyone is welcome. Also, Thanked Jim Reichert and Jeff Lewinski for all their hard work. Encourages everyone to come out and honor our Veterans. Also, the sign up for EMW Soccer is open, sign up is at EMWSoccer.org. Thank You to everyone that participated in the Earth Day roadside Clean up. Supervisor Gingerich Jr. stated the Kiwanis Chicken and Rib BBQ will be Sunday May 17 from 11- Sold Out, Drive through only. The Health Insurance premium will be going up about 12.3% for our September renewal, last year the premium went up 23.75% and in 2024 it went up 12%. I Thank everyone in the town for trying to keep cost down and do what is necessary to run a tight ship. We have been able to keep it under control, but it keeps getting more difficult.

Regular Meeting 26 May 14, 2026 I know there has been a lot of concern regarding Solar and I want to address the gentleman in the back and everyone on social media. I want everyone to have the facts. I know the frustration and as a farmer with the Solar Projects going up all over Western New York. When Solar was first talked about the Town put in reasonable control and ordinances in places to allow Solar with reasonable restrictions because at the time we had no one really coming in more in the Commercial sense. We already had residential. I put in residential back in 2012 to experiment with it and believe me I would never do it again. It’s not practical. When the first project went in on Bullis Road, I will openly admit, it was a mistake. We have a hard time keeping them in compliance. Fortunately, it is hidden from most places, so we rewrote the ordinances again. Which you have got to understand we can’t just put our ordinances No Solar, we have to allow it somewhere, somehow. So, we rewrote the ordinances to make the strict enough to hopefully encourage not anymore. Actually, when we re-wrote them many people said to me, you don’t want them because it is going to be a big financial company to come in. It seem to hold it off for a while. Councilman Reichert was involved when we re-wrote it along with our Town Attorney. We put in a provision that they are going to pay 3% of the total project. Plus, what would have to be paid for the Special Use Permit. When they came in with the project it surprised us but we will deal with it. There were several meetings and about two years to deal with it. We did everything in the law to slow it down and restrict it and under the SEQRA (State Environment Quality Review Act) process we declared it a positive declaration on both projects stating visual and Agricultural impacts and they would have to meet certain criteria. We didn’t hear from for several months. We thought that was enough, it is a very costly process. They put the preliminary in and our Engineers review it and said certain things they had to do, options and the final one came in. They met the criteria what we could allow, and we approved of the SEQRA, now we get into the Special Use Permit process the restrictions that we can put in place and a lot of them were the same and some were added. One, I hear horror stories about these companies right in there with the landowners saying certain things or changing LLC’s going Bankrupt, so we wanted to make sure we had the money up front. A lot of projects you get the money after the project it done. We weren’t going to let that happen here. Every dollar counts for your survival, that’s why the town is run the way it is. So, we put in the Special Use Application that since you are heavily subsidized, New York State subsidized through your electric bills and other ways. It is heavily subsidized; it would never go if it wasn’t subsidized because it can’t stand on it’s own it is not feasible and way or form. I proved that on my own property, it was subsidized by 2/3, and I had to pay the other 1/3 and it still didn’t pay for itself. So, some of the things in there are one since it is New York State taxpayers’ money everything would be from New York State unless they could prove otherwise that they couldn’t get it in New York State. So as far as the construction part they met everything and stated what they met. Now with the materials we know they can’t get the Solar Panels in New York State, but we said they had to prove they couldn’t get them here. The other criteria’s in there was that they have Sheep grazing showing proof of contract agreements to help with the Agricultural on both projects and that they had to be grazed several times a year, certain visuals to be put in place as far as trees, etc. in which we are in arguments with because they were going to put these real tiny trees there to get big enough over time. We also put in a few other restrictions in place. Now with the Solar, I don’t trust them or Attorneys. They lied to us twice. They listed everything they needed for Solar stating they couldn’t get any of them and where they could get them from. It wasn’t out of the Country like the last one. They named the different states they could get them from, I held it up saying our Engineers have to review it. Our Engineers found a company right in Clarence, New York (Zane Agency) that could provide most of the materials. We provided that information to them, the Solar Company then contacted them and never to them the truth size of the Developments. Something was wrong so I contacted them directly and they said they thought it was just a small project at the corner of Two Rod and Stolle Road, the Solar company never sent the plans to Zane Agency, I sent it to them and they were like oh my god we can supply the vast majority of the supplies we are definitely interested. Then the come back through Hodson & Ross stated they contacted Zane Agency but there not interested which is false, I was talking to the owner and employees directly, they were highly interested. Now we came up against the fact that even though we had it in and they accepted it back in May the Special Use Permit and never objected to anything that was in there and we stalled and did everything we could you’re going to have to meet this. They threatened us with a Lawsuit because there is a Interstate Commerce Law and I think we were on a solid ground but I with the advice of the Attorney and this Town Board couldn’t take that chance even though they agreed to it, that if we went in front of a Judge in

Regular Meeting 27 May 14, 2026 this state, even a local judge that was sympathetic to us they would have appealed it for sure and we would have lost because we can’t trust the justice system in New York State. We would be taking your money and if we lost over $375,000 and we would have been paying them for the hold up. I know what they were up against, they already signed contracts with all these out-of-state companies and they were in trouble. They wanted to move in November, but we didn’t let them until I think March. When we got done with the Special Use Permit application which we charged them $1,000 initial fee plus $1,000 per megawatt which was $5,900 per Solar Project. I know for a fact all the legal costs we cost them over $1 million, with what they had to pay us and what they had to put out. They paid most of the cost $50,000 for our Attorneys, SEQRA process, they actually paid $55,000, they paid for all that and it didn’t harm or cost the town because we were on top of it. So, we were forced to move forward. If you want to blame someone, don’t blame the people here and in the meantime while going through this we changed the ordinances again to make is restrictive, basically under my control. We put in the part of town I got control over. So, a landowner says no it’s not going to happen. It was put in the Southeast corner of the town, and they want to be close to three faze wire Bullis, Jamison, Two Rod Road, 20A so I know this for a fact. Several years ago, we leased land that borders our land in Wales off East Blood and Four Rod Road. I was approached because the one we lease land from about 35 acres of open land that we work, they couldn’t do it without us because it would cost too much money to bring the infrastructure up through there which is about 1 ½ miles, so I know that for a fact, we put it over in that corner of town. We have to allow it so that the State does not come in and void our entire ordinances or part of it and we have an application in that is suing us, then we have nothing in place. All the parcels over there are small except for one, we put the setbacks in greater, and I know most of the landowners over there and the largest parcel is owned by my family (122 acres) and I have been contacted several times since we put the new ordinances in place. I could retire right now with the money they are offering and wouldn’t have to work another day, but I care about this community, I fight for you. I am here as a supervisor not because I want the money or the glory, I do it because I love this community and the people here and I love the emails I get thanking me for being Supervisor, especially for the Seniors. I said no, out of the 122 acres, 85 acres are open ground and that would be enough for them to justify coming up with an infrastructure, but now the State can’t say anything about it because I am not a willing landowner. So just remember that. So, on the Solar issue, now that is the project manager, and his telephone number write it down. If you have any more problems with the semis across Two Rod Road, mud on the road, stones all over Stolle Road and any other problems, Tom Michaud, 1-904- 710-8614 call him directly. I chewed him out on Tuesday, and I told them if they didn’t get the road cleaned up, which they were out there sweeping I guess, but we still have issues, I told him that I will call the State Police and have them shut down. They can’t be trusted; we dealt with them before and we have dealt with their lying attorneys. Purposely lied, I told him that if anyone lies to me or this town, I will never trust them again. You’re never going to be in our good graces. Tell us the truth and we will work with you. You call them, you call New York City and Governor Hochul, they are the ones pushing this crap on us. That is why we have the sixth highest electric bills in the nation. New York State is the sixth highest and it is the second worst managed state after Illinois, California is third. We are worse than California. So put the blame where it belongs. We are doing the best we can but there will be no more Solar. I am not a landowner that is all worried about money and don’t give a crap about their neighbor. Open Board Presentations From the Public None Minutes Motion: Councilman Nolan moved, seconded by Councilwoman Dolegowski to approve Minutes from the Regular Board Meeting held on 4/9/26. Motion Carried. Old Business None New Business

Regular Meeting 28 May 14, 2026 Motion: Councilwoman Reichert moved, seconded by Councilman Nolan to Adopt Local Law #2 2026, One-Year Moratorium on Motocross Tracks and Courses. Motion Carried. Motion: Councilman Reichert moved, seconded by Councilman Sebastiano to enter into a Land Lease Agreement with the Marilla Historical Society. Motion Carried Motion: Councilman Nolan moved, seconded by Councilman Dolegowski regarding the Special Use Permit Application for Rooming House at 11441 Stolle Road. Motion Carried. Supervisor Gingerich Jr asked the following questions to Attorney Sean Hopkins Representing the William and Diane Foundation 1. Do you consider yourself an honest and trustworthy individual? Attorney Hopkins answered Yes. 2. When did you file the Special Use Application on behalf of the William and Diane Hein Foundation? (December 2025) Attorney Hopkins replied it was in November 2025. Supervisor replied it was actually it was December 2025. I’ll take November if you want. Attorney Hopkins replied whenever it was sent to the Town Clerk. Supervisor Gingerich Jr. replied it was December 2025. 3. Does our Code as of December allow for Rooming Houses in an Agriculture Zoned District? (November 6, 2025, A zones to B and B-1) Attorney Hopkins replied Yes. Supervisor Gingerich Jr. replied that is incorrect. Attorney Hopkins replied OK. Supervisor Gingerich Jr. replied on November 6 at our Board Meeting in 2025 Roming Houses were moved from A Zones to B and B1 Zoning Districts, so when you filed the application, the Special Use Application was not a permitted use in that zone. Attorney Hopkins asked when was that modified? Supervisor Gingerich Jr. replied you should have checked before you filed your Special Use Permit. Attorney Hopkins asked where? Supervisor Gingerich Jr. replied online. Attorney Hopkins asked the Building Codes reflect that? Supervisor Gingerich Jr. replied our minutes reflect that and the Zoning Code does. Attorney Hopkins asked if a Public Hearing was held. Supervisor Gingerich Jr. replied it was held on November 6, 2025. Attorney Hopkins asked was that referred to Erie County Department of Planning? Supervisor Gingerich Jr. replied Yes, it was, everything was. Attorney Hopkins asked if a negative Declaration was issued? Supervisor Gingerich Jr. replied Yes. Attorney Hopkins replied he is not sure why someone would be telling him that now. Supervisor Gingerich Jr replied that is your job to check. Attorney Hopkins replied, Check what? Supervisor Gingerich Jr. replied what the Town Ordinances are when you submitted the application. 4. Are you aware of Path of WNY organization? Attorney Hopkins replied he is not going to disclose any information. Supervisor Gingerich Jr. stated to have the record show he is denying to answer that question. PATH stands for People Against Trafficking Humans 5. What does Path stand for? Supervisor Gingerich Jr. replied he just stated what it stands for.

Regular Meeting 29 May 14, 2026 6. Is Path of WNY your client? Attorney Hopkins replied: No. My client is the foundation that is seeking the approval. 7. Do you know Julie Palmer? Attorney Hopkins replied again he is not going to get into anything that might hinder the organization itself. You understand why it has been said again and again. Supervisor Gingerich Jr. said that is going to make our point, thank you for not answering. Attorney Hopkins replied what is your point? Supervisor Gingerich Jr. replied I know you consider me a dumb farmer. Attorney Hopkins replied No you called me stupid. I have not said one bad about you. 8. Do you know what role and/or position she holds in the Path organization? Attorney Hopkins replied same response. Supervisor Gingerich Jr. replied she is the Executive Director of PATH, for those that do not know that, and we knew that from day one, the beginning. She is in the media all over the place. She was on Channel 2, on Church videos. 9. Do you know Jim Oliver and his relationship with Path of WNY? Attorney Hopkins replied same response. Supervisor Gingerich Jr. replied for those of you that don’t know he is a Board Member. He called me, left a message on 12/18/25 at 8:37am, I can read you the message, but he openly states on there that he is a Board Member for PATH and wanted to know why it wasn’t on the Planning Board agenda for December. I told him because the Special Use Permit Application was incomplete and we had just gotten the completed application a day or two prior and didn’t have time to review it. So that was a Board Member. If PATH wasn’t involved, why would a Board Member be asking when the meeting was and openly stated that this is what it is about. And stated to me that he left Buffalo and lived in East Aurora because he wanted to get a quiet neighborhood and openly admitted he didn’t want it in his neighborhood. 10. Do you know Charles Hardy and his relationship with Path of WNY? Attorney Hopkins replied same response. Supervisor Gingerich Jr. replied he’s a Board Member too. He called me on 3/25/26 at 2:49 pm, he Called me on 3/26/26 at 5:20 pm and called me on 3/26/26 at 5:24 pm. He was going to meet with me but then we talked on the telephone and said he couldn’t make it. You will find this interesting, I will say this much, I don’t want to call it a bribe, but he tried to influence me with money through me to the Board to approve this. Attorney Hopkins replied what does that mean? Supervisor Gingerich Jr. replied take it as you want. I know how I take it. 11. Did you call Joel Kurthaltzs on 3/25/26 to discuss with him about the Supervisor contacting your client? Attorney Hopkins replied that he has spoken with Joel about this matter. Supervisor Gingerich Jr. replied exactly, Thank You for answering. Attorney Hopkins replied he is answering questions truthfully and honestly. Thank you. Please refrain from calling me stupid. 12. Did I call you and leave a message with you on 3/20/26 at about 7:38 am lasting approximately 57 seconds? (716) 805-7191 and never returned my call, did you? Attorney Hopkins replied I’m not sure if you called me. Supervisor Gingerich Jr. replied he did and left you a message. I called Path of WNY 3/20/26 at 7:34 am, lasting 46 seconds, made it clear to the person that answered tell the Board and Executive Director that they are to cease and desist throughout the Church organizations stating that the Town of Marilla is evil. It was brought up at the last Planning Board meeting on the Thursday before. I made the phone call on Friday. I called Jim Oliver later and left a message with him on 3/20/26 from Town

Regular Meeting 30 May 14, 2026 Phone not from my cell phone this time. Left a similar message. Then I got a call from our Town Attorney Joel Kurtzhalts on that Monday because you called him stating I was harassing your clients and you stated clients. The only people I called were the people of the PATH organization. I have not talked to anyone from the Hein Foundation never once, anytime. Attorney Hopkins replied he is not sure what you are trying to do. Supervisor Gingerich Jr. replied to prove that your client is the PATH and has been right from the beginning, not the Hein Foundation and you openly admitted it to our Town Attorney saying I was harassing. The only ones I called were those two. Attorney Hopkins replied he never reflected the name of the organization. Not once. Supervisor Gingerich Jr. replied No you did, you said it was your client. Well it’s proof it’s your client because I only called PATH people. I never called, so how could I have harassed the Hein Foundation people when I never called them and I got the records. 13. Why do you think there were certain individuals attending the Town Meetings (ZBA, Planning Board, Board Work Session) refusing to give their names and addresses? (Personal Safety Concerns) That is the only reason I can think of. Attorney Hopkins replied they probably don’t want to be cross examined. Supervisor Gingerich Jr. replied that they were stating at the first meeting that it was for safety reasons when they came to our first Work Session, so I think it’s pretty reasonable to come to the conclusion they didn’t want there names called out and that is why they are not here tonight because they got called out at the Planning Board meeting by Deb by calling out Julie’s name. She didn’t come after that. The Planning Board had the problem, and we had the same problem at our Work Sessions. Attorney Hopkins replied, what is your point. Supervisor Gingerich Jr. stated he was going to read something on their website. Residents, this is off the PATH organization, we have established that PATH is the real organization, the true client. Which openly admitted at the January 15th Planning Board meeting which we have a video of it right Debbie and we have the video copy of it. We have a safe resident home initiative to provide a emergency and transitional housing for victims of Human Trafficking coming soon. Well, the only one there looking at is right here. Safety measures in residential programs due to these risks’ residential programs for Human Trafficking survivors are designed with strict security measures such as confidential location. How confidential is this when you have Channel 2, Channel 4, Channel 7 and all over the place? Many safe houses are disclosed to protect against Traffickers finding the location. Yes, Human Traffickers frequently attempt to locate and re-traffic the victim after they have entered the residential programs (shelters or rehabilitation facilities). Because Traffickers often use deep emotional dependencies they may know a victim’s family, friends or trusted contacts and able for them to track them down even after they have received help. Traffickers use to find victims and programs targeting Group Homes and Shelters. Traffickers are known as to loiter near or target Youth Centers, Foster Care places and Group Homes. Use these facilities to recruit vulnerable individuals. Exploit digital footprints: traffickers often use social media or cell phones to contact victims that have escaped using active track locations even after the victims have been in a safe place. Manipulations and threats: Traffickers may use force against their victim or family to coerced them back into the situation often capitalizing on psychological bond and fear they have established. Exploit unmet needs because many victims suffer from addictions or are in need of financial resources. Traffickers may leverage these vulnerabilities to offer a false sense help to lure them back. That is off their own website. Now we have determined that PATH is the real organization not the Hein Foundation that is behind this.

Regular Meeting 31 May 14, 2026 Attorney Hopkins replied I want to make that clear I do not agree with that. If you look at the application. The application was filed under the William and Diane Hein Foundation. 14. Did Sheriff Garcia’s letters of June 25, 2025 and March 6, 2026 address the Town’s Safety Concerns? What did he conclude? Attorney Hopkins replied the letter speaks for itself. I don’t have a copy in front of me. Supervisor Gingerich Jr. replied that he does and that nowhere in either of those letters what organization he is talking about. As far as I know he could be talking about the Boy Scouts. Theres not one mention of PATH, Hein Foundation or other foundation or group whatsoever. So how do we know what organization he is talking about? Then I talked to him and he said to me how he’s disappointed in how this group has been misleading us. So, I don’t know what that letter means. There is no reference to what organization, neither one of them. So, I asked for a second one to confirm my eyes weren’t, I wasn’t going blind. 15. Did the Sheriff’s letters actually state the organization he was referencing? 16. Is Crossroads Church involved in this application or the site in any way? Attorney Hopkins replied I don’t know who Crossroads Church is Supervisor Gingerich Jr. stated we are getting information that a certain person that works for Danny’s Helping Hands is an employee over at this facility like it’s already been approved at the Crossroad Church and there were a lot of Crossroads Church members here and we had some questions about that but can’t prove it one way or another if they’re involved. Those are the questions I have had. Here is the transcript that comes over to my computer from Mr. Oliver that confirms they called me. I’ve got the records of the other things. We had January 15th with the Planning Board stating that PATH was involved in this. We had a lot of other discrepancies, like we were told they would not be allowed to leave the premises, and the question came up I believe by Jim Reichert, well does that mean they can’t be walking up and down the street? This gentleman here stated, why wouldn’t they be allowed to walk down the street? There are too many conflicts here I don’t understand. Tell the truth. So, I am going to offer this Board Resolution, you all have a copy. May 14, 2026 Reference: Special Use Application William and Diane Hein Foundation WHEREAS, the applicant has not been forthcoming with correct and accurate information requested by the Planning Board, including: • Refusing to confirm or deny the involvement of other organizations, including Path of WNY (People Against Trafficking Humans); and • Refusal of representatives who would apparently be involved with the facility to provide their names and addresses during public meetings; and • The applicant referencing other similar facilities but refusing to provide locations or contacts so that the Town may verify with local law enforcement whether problems exist at those facilities; and • The applicant not openly admitting or denying that women experiencing various forms of abuse, including circumstances beyond domestic violence, could be housed at the proposed facility; and WHEREAS, failing to accurately describe the purpose and use to which the property will be put including use not only by victims of domestic violence, but drug abusers, human trafficking victims and prison to community transitional residence; and WHEREAS, the applicant appears to acknowledge that the majority of people generally define domestic abuse as a pattern of behavior used to gain or maintain power and control over an intimate partner, and that this

Regular Meeting 32 May 14, 2026 definition typically does not include victims of human trafficking, individuals struggling with substance abuse, or individuals transitioning from incarceration; and WHEREAS, letters from the Erie County Sheriff dated June 25, 2025, and March 6, 2026, do not specifically reference the organization involved with the proposed facility (see attachments); and WHEREAS, the applicant has stated that this would be the first facility of this kind in which they would be involved; and WHEREAS, the Erie County Sheriff’s Department cannot guarantee 24-hour, 7-day-per-week coverage within the Town; and WHEREAS, concerns over public safety due to limited law enforcement presence in the Town of Marilla as well as limited information regarding on-site security; and WHEREAS, concerns about the effect upon the neighborhood which is comprised of single family dwellings with children; and WHEREAS, the Erie County Sheriff’s Department provided the Town with a proposal in December 2025 for 24/7 coverage that would exceed $622,000 for the current year alone (see attachment); and WHEREAS, the Town is already experiencing strain on its emergency services; and WHEREAS, a letter from the Zoning Board of Appeals dated March 12, 2026, raises concerns regarding the applicant’s integrity and the completeness and accuracy of information provided (see attachment); and WHEREAS, questions remain regarding whether the William and Diane Hein Foundation would actually manage the day-to-day operations of the proposed facility; and WHEREAS, there is uncertainty as to which organization would ultimately be responsible for managing the facility; WHEREAS, the Special Use Permit was submitted in December of 2025; and WHEREAS, Rooming Houses was not allowed in Agricultural Zoned Districts as of November of 2025; and WHEREAS, The legal counsel’s client was, from the very beginning of the process, Path of WNY; and WHEREAS, The representatives of PATH of WNY deliberately attempted to conceal their identity and addresses for apparent personal safety concerns and/or to deceive the Town. NOW, THEREFORE, BE IT RESOLVED, that the Town Board denies the Special Use Application based on concerns regarding public safety, particularly in a residential area with children, the applicant’s lack of transparency, the timing of the filing of the special use permit and apparent deliberate attempt to conceal the true applicant. Motion: Councilman Sebastiano moved, seconded by Councilwoman Nolan to deny the Special Use Permit Application for the William and Diane Hein Foundation Rooming House location at 11411 Stolle Road, Marilla, NY 14102. Motion Carried. Roll Call Vote: Councilman Reichert – Aye Councilman Nolan – Aye Councilman Dolegowski – Aye Councilman Sebastiano – Aye Supervisor Gingerich Jr. - Aye Motion Carried Motion: Councilwoman Reichert moved, seconded by Councilman Nolan to authorize the East Coast Malinois/O.G. Gartenstaat IPO Inc. Club, a non-profit dog training club to use the town soccer fields on Eastwood Road. Motion Carried. Motion: Councilman Nolan moved, seconded by Councilwoman Reichert for the purchase of a 2026 Kenworth Truck not to exceed $346,466. Motion Carried. Supervisor Gingerich Jr. just wanted to state that this will be paid with cash. When he became Supervisor in 2014 a Highway Reserve Account was set up for purchases like this. Motion: Councilman Reichert moved, seconded by Councilman Dolegowski to certify the Referendum for Town Supervisor term limit, 110 yes and 129 no votes. Referendum Failed. Motion Carried. Motion: Councilman Nolan moved, seconded by Councilman Dolegowski to amend the agenda to add the weight limit change on Stolle Road from Two Rod Road to the Town line to Elma. Motion Carried.

Regular Meeting 33 May 14, 2026 Motion: Councilman Nolan moved, seconded by Councilman Dolegowski to change the weight limit on Stolle Road to 5 Ton from Two Rod Road to the Town line to Elma. Motion Carried. Report of Town Officials Building Inspector Scott Rider submitted a written report with 11 building applications received $646 in fees with a value of $162,000 and 12 inspections were made. A total of 144 acts of official business were made for the month of April. Open Board Presentations Councilman Reichert reminded the Countries 250th Anniversary Celebration will be July 3, 4 and 5, 2026. Going to be a huge celebration. The Fireworks will be bigger than ever before, we have West of the Mark Band, Creekside Drifters, Beer Tent, Rides. Saturday there will be DaeJa Blue, Cami Cluny (sings the National Anthem at the Buffalo Sabre’s games). Flyers are out promoting the event. Looking for Volunteers to help. Supervisor Gingerich Jr. stated Friday and Saturday will be the Band nights and the Beer Tent open, but Sunday will be Family Day, so there will be no alcohol on the grounds. There will be a Church Service on Sunday morning at one of the Town Parks, not sure if it will be Marilla or Wales Park, but most likely it will be at the Marilla Town Park. Town of Wales is Celebrating with the Town of Marilla. Councilman Reichert stated the Town of Wales will be doing a Turkey Shoot Contest in the Middle of June down at the Elma Conservation Club. Tickets are available at the Marilla Town Hall and Wales Town Hall. We are also having a House Decoration Contest. Claims Motion: Councilman Nolan moved, seconded by Councilwoman Reichert to approve the claims as follows: General Fund Claims, Vouchers 159-224 $ 45,612.28 Highway Fund Claims, Vouchers 44-55 $ 15,173.38 Special Districts Sanitation (SR), Vouchers 44-56 $ 31,978.32 Special Fire, Voucher 4 $ 367,660.00 Water District #2, Vouchers $ .00 Water District #3, Vouchers $ .00 Water District #4, Voucher $ .00 Water District #5 Voucher $ .00 Cemetery Vouchers 1 $ 305.00 Community Development Voucher 5-8 $ 5,020.39 Motion Carried. Motion: Councilwoman Reichert moved, seconded by Councilman Nolan to adjourn the meeting at 9:00 p.m. Motion Carried. Respectfully Submitted, _________________________Town Clerk_______________________Supervisor _________________________Councilman_______________________Councilman _________________________Councilman_______________________ Councilman