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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.