Town Board minutes — February 11, 2026 (full text)

February 11, 2026 MINUTES REGULAR MEETING – EDEN TOWN BOARD 2795 E Church St. Eden, NY 14057 February 11, 2026 @ 6:30 P.M. This meeting was held in­person and virtually through GoToMeeting.com. The meeting link was made available to the public prior to the meeting. TOWN BOARD MEMBERS PRESENT: RICHARD VENTRY ­ SUPERVISOR SUSAN WILHELM ­ COUNCILMEMBER VINCENT VACCO ­ COUNCILMEMBER TIMOTHY WALKER ­ COUNCILMEMBER MICHAEL BYRNES ­ COUNCILMEMBER (Absent) OTHERS PRESENT: Emily Hawkins ­ Town Clerk Marlene Grunder ­ Administrative Assistant to the Supervisor Bill Trask ­ Town Counsel Pledge of Allegiance #26­2026: MOTION was made by Supervisor Ventry to enter the Public Hearing for Local Law 1­2026 which changes meeting of the Town of Eden Board of Assessment Review to be held the first Tuesday in June; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. The Public Hearing was opened at 6:33 PM. LEGAL NOTICE TOWN OF EDEN, NEW YORK NOTICE OF PUBLIC HEARING Pursuant to resolution of the Town Board of the Town of Eden, New York, notice is hereby given that a public hearing will be held by the Eden Town Board in the Eden Town Hall, 2795 East Church Street, Eden, New York on the 11th day of February, 2026 at 6:30 PM Local Time, for the purpose of considering Proposed Local Law No. 1­2026 which, if approved, changes meetings of the Town of Eden Board of Assessment Review to hear grievances with respect to real property tax assessments to be held on the first Tuesday in June each year. Copies of the proposed local law are available for review at edenny.gov or in the office of the Town Clerk. All interested parties will be given an opportunity to be heard. There was no one present to be heard. #28­2026: MOTION was made by Supervisor Ventry to close the public hearing and open the regular meeting; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. The Public Hearing was closed at 6:37 PM. Approval of Minutes: #29­2026: MOTION was made by Supervisor Ventry to accept the minutes of January 14, 2026 as written; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. Budget Transfers: 1

February 11, 2026 #30­2026: MOTION was made by Supervisor Ventry to approve the Budget Transfers as listed; seconded by Councilmember Walker; Ayes: All; Opposed: None; Abstain: None; Motion carried. Audit of Bills: 2025 Payables FUND DESCRIPTION VOUCHER NUMBERS AMOUNT General 928­946 $14,470.07 Fire 342­348 $3,124.34 Recreation 168­170 $566.52 Street Lights 50­51 $1,022.83 Refuse 28 $62,192.53 Highway 359­360 $2,584.78 Capital H5110.2 12­13 $9,408.50 Water 21­22 $961.19 February 2026 FUND DESCRIPTION VOUCHER NUMBERS AMOUNT General 24­70 $42,030.72 Fire 8­29 $7,149.14 Recreation 3­6 $1,572.18 Water NA Street Lights 1­2 $1,877.02 Refuse 1­2 $64,751.86 Highway 13­36 $51,730.68 Ambulance 7­19 $231,804.88 Capital H5110.2 1 $765.60 2

February 11, 2026 #31­2026: MOTION was made by Councilmember Vacco to approve the Audit of Bills as listed; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. Departmental Reports: Department reports for the month of January were submitted by Rick Kirst, East Eden Fire Chief; Malcolm VanKoughnett, Eden Fire Chief; Robert Lazarczyk, Eden Police Chief; Nicholas Blasz, Dog Control Officer; Glenn Christner, Code Enforcement Officer; and Emily Hawkins, Town Clerk. All Department Reports are available to the public and on file in the Town Clerk’s office. Committee Reports: #32­2026: MOTION was made by Supervisor Ventry to enter the Public Hearing for Local Law 2­2026 which imposes a 6­month moratorium on solar; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. The Public Hearing was opened at 6:45 PM. TOWN OF EDEN, NEW YORK NOTICE OF PUBLIC HEARING Pursuant to resolution of the Town Board of the Town of Eden, New York, notice is hereby given that a public hearing will be held by the Eden Town Board in the Eden Town Hall, 2795 East Church Street, Eden, New York on the 11th day of February, 2026 at 6:45 P.M. Local Time, for the purpose of considering Proposed Local Law No. 2­2026 which, if approved, would impose a 6 month moratorium on issuing or processing new applications for siting or developing commercial solar uses in the Town of Eden. Copies of the proposed local law are available for review at edenny.gov or in the office of the Town Clerk. All interested parties will be given an opportunity to be heard. There was no one present to be heard. #33­2026: MOTION was made by Supervisor Ventry to close the public hearing; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. The Public Hearing was closed at 6:47 PM. Public Comment on Agenda Items Only: None New and Unfinished Business: 1. Planning Board Member: #34­2026: MOTION was made by Supervisor Ventry to appoint Mark Clark to the Planning Board as an alternate for a 1­year term ending December 31, 2026; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. 2. Recreation Advisory Board Members: #35­2026: MOTION was made by Supervisor Ventry to appoint Jonathan Achtyl, Breanna Blasz, and Pamela Mukkamala to the Recreation Advisory Board for a 5­year term; seconded by Councilmember Walker; Ayes: All; Opposed: None; Abstain: None; Motion carried. Thank you to Emily Hawkins, Kate McShea, and Elizabeth Vaughan for their years of service on the Recreation Board. 3. Annual IT Contral with Nick Miller: Table 4. Extension of Collector’s Warrant: #36­2026: MOTION was made by Supervisor Ventry to extend the time to collect taxes to June 30, 2026; seconded by Councilmember Vacco; Ayes: All; Opposed: None; Abstain: None; Motion carried. 5. Eden Fire Bid: #37­2026: MOTION was made by Supervisor Ventry to approve Eden Fire to advertise for bids for a new rescue/pumper subject to review from Town Attorney, Bill Trask, and Town Clerk, Emily Hawkins; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. 3

February 11, 2026 6. Eden Fire – Roster Update: #38­2026: MOTION was made by Supervisor Ventry to remove Nicholas Allein from the active roster; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. 7. Change Rate of Pay: #39­2026: MOTION was made by Supervisor Ventry to change Kyle Ecker’s rate of pay for part­time police officer to $29.00 per hour for day shift and $30 per hour for night shift effective January 25, 2026; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. 8. Proposed Local Law Grievance Day: Town of Eden Proposed Local Law 1­2026 A local law establishing a new date for meetings of the Board of Assessment Review, pursuant to Real Property Tax Law Section 512.1­a BE IT ENACTED BY THE TOWN BOARD OF THE TOWN OF EDEN, ERIE COUNTY, NEW YORK AS FOLLOWS: Section 1. Legislative Intent Whereas the person serving as assessor of the Town of Eden is employed at the same time by another assessing unit and it is necessary to adopt a local law adjusting the date for meetings of the Town of Eden Board of Assessment Review. Section 2. Chapter 192 of the Town of Eden Code entitled “Taxation” is hereby amended to add Article VIII entitled “Meetings of the Board of Assessment Review” to read as follows: Section 192­22. Pursuant to Section 512.1­a of the Real property Tax Law of the State of New York, meetings of the Town of Eden Board of Assessment Review to hear grievances with respect to real property tax assessments shall be held on the first Tuesday in June each year. Section 3. Effective Date and Filings This local law shall take effect upon filing in the office of the Secretary of State of the State of New York and copies of this local law shall be filed with the Eden Town Clerk and with the Commissioner of the New York State Department of Taxation and Finance, as required by law. #40­2026: MOTION was made by Supervisor Ventry to approve the Local Law for Grievance Day as presented; seconded by Councilmember Vacco; Ayes: All; Opposed: None; Abstain: None; Motion carried. 9. Proposed Local Law ­ Solar: TOWN OF EDEN PROPOSED LOCAL LAW A LOCAL LAW IMPOSING A MORATORIUM ON ISSUING OR PROCESSING NEW APPLICATIONS FOR SITING AND DEVELOPING COMMERCIAL SOLAR USES IN THE TOWN OF EDEN Be it enacted by the Town Board of the Town of Eden as follows: Section 1. Title This local law shall be referred to as the “Local Law Imposing a Moratorium on Issuing or Processing New Applications for Siting or Developing Commercial Solar Uses in the Town of Eden.” Section 2. Purpose Pursuant to statutory powers vested in the Town of Eden to regulate and control land uses and to protect the health, welfare and safety of its residents, the Town Board of the Town of Eden declares a six (6) month extension on the moratorium for issuing or processing new applications for siting or developing Commercial Solar Uses in the Town of Eden. Section 3. Authority This Local Law is enacted pursuant to the provisions of the New York State Town Law and the New York State Municipal Home Rule Law. Section 4. Legislative Findings The Town Board enacts this moratorium pursuant to its legislative powers and to preserve for the Town Board, on behalf of the residents of the Town, the ability to deliberatively review the issues, concerns and impacts related to commercial solar land uses and facilities, and to provide adequate time to determine if additional permanent comprehensive local legislation is necessary and in the best interests of the Town, in light of several commercial solar projects which have sought to locate in the Town in recent years. The Town Board is desirous of using the moratorium period to study and give careful consideration to the subject of commercial solar uses, their impact on the physical and human environment in the Town and the possible need for additional legislation. A moratorium is hereby deemed necessary on the issuance and processing of new applications for siting and developing commercial solar uses in the Town of Eden for an additional period of six (6) months while the Town 4

February 11, 2026 of Eden completes its current update of its local law for development and siting of commercial solar uses in the Town, subject to the exceptions set forth in Section 7 herein. Section 5. Definitions A. The term “Commercial Solar Uses” shall mean the placement, construction, erection, installation, or use of a Solar Energy System for the generation of electrical power to be used primarily for the sale or distribution to, or consumption by distributors or users located off the site of such Solar Energy System; provided, however, this does not include On­Site Solar Energy Uses. The placement, construction, erection, installation, or use of a Solar Energy System for the generation of electrical power to be used by a collective or cooperative group of homes or businesses shall be considered a Commercial Solar Use. B. The term “New Application(s)” shall mean any application for any permit or approval for land use, including, but not limited to a special use permit, for siting or developing a Commercial Solar Use in the Town of Eden which is submitted after December 1, 2024. C. The term “On­Site Solar Energy Uses” shall mean the placement, construction, erection, installation, or use of a Solar Energy System, whether attached to a structure or affixed to the ground on site, for the generation of electrical power to be used primarily for the electrical needs of the residential, agricultural, or commercial property on which such Solar Energy System is located and generates up to 110% of the electricity used by the site in the prior 12 months. Provided that if a Solar Energy System is installed and used primarily for the foregoing purposes, the incidental sale or distribution of excess electricity generated by such Solar Energy System shall not cause such system to be considered a Commercial Solar Use. D. The term “Solar Energy System” shall mean solar photovoltaic cell, panel or array, or any solar hot air or solar energy collector which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored energy to heat, air, or water, controls, energy storage devices, heat pumps, heat exchanges, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation, and distributed, and includes solar thermal, photovoltaic, and concentrated solar. E. The term “Town” shall mean the Town of Eden, Erie County, New York. F. The terms “Town Board” and “Planning Board” shall refer to the appropriate boards established in the Town of Eden pursuant to Town Law. The term “Code Enforcement Officer” shall mean the duly appointed officer in the Town of Eden charged with the enforcement of the Town’s codes. Section 6. Scope of Moratorium During the effective period of this Local Law, no person shall engage in any activity and the Town Board, the Town Planning Board, the Town Zoning Board of Appeals and the Code Enforcement Officer shall not provide any application for or grant any special use permit, specific use permit, building permit, variance, or approval of any kind which would result in the establishment, implementation, placement or construction of a Commercial Solar Use, including any activity associated therewith or intending to support such use, including the establishment or implementation of such use or activity in the Town, subject to the exceptions set forth in Section 7 herein. Section 7. Exceptions This moratorium shall not apply to any applications for a Commercial Solar Use filed in the office of the Town Clerk prior to December 1, 2024 or to any applications approved by or pending before the Town Planning Board or Town Board prior to the effective date of this moratorium local law. This moratorium shall not apply to any applications for On­Site Solar Energy Uses as defined above. Section 8. Term This moratorium shall be in effect for a period of six (6) months from the effective date. The Town may terminate the moratorium prior to the end date by enactment of a resolution indicating that the Town Board is satisfied that the need for the moratorium no longer exists or adoption of a new or amended local law related to solar uses. Section 9. Penalties Any person, firm, corporation of other entity that shall take any action to establish, implement, place or construct a Commercial Solar Use, including the establishment, implementation, placement or construction or any activity or facility associated therewith or intended to support such process in violation of the provisions of this local law shall be deemed guilty of a violation and, upon conviction thereof, shall be subject to: A. A fine not exceeding One Thousand Dollars ($1,000.00) per individual and not exceeding Five Thousand Dollars ($5,000.00) for a corporation, partnership, association or other entity, or imprisonment, or both, for each and every violation. Each and every week that such violations continue shall constitute a separate violation. In no event may imprisonment for any one violation exceed fifteen (15) days. B. In addition to other penalties, the Town may institute an appropriate action or proceeding to prevent unlawful erection, construction or alteration of any building or land in violation of the requirements of this local law, and, if necessary, to remove any construction, improvements, or related items or byproducts which may have taken place in violation of this local law. Section 10. Enforcement This local law shall be enforced by the Code Enforcement Officer of the Town of Eden or such other code enforcement individual(s) as designated by the Town Board. It shall be the duty of said enforcement individual(s) to advise the Town Board or all matters pertaining to the enforcement of this local law. 5

February 11, 2026 Section 11. Validity and Severability If any section or part of this local law is declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section of this local law. Section 12. Hardship A. In the event that any owner of real property affected by this Local Law shall suffer an unnecessary hardship because of the implementation of the letter of this Local Law, the owner of such property may make a written application to the Town Board for a variance from the strict compliance with this Local Law. Unnecessary hardship shall not mean a mere delay in being able to pursue a Commercial Solar Use or to be able to apply for and receive a decision upon any permit or approval of any kind related thereto. B. Applications for a variance shall be in writing and shall set forth or have attached thereto evidence of the claimed hardship. The Town Board shall schedule a public hearing on any such evidence of the claimed hardship. The said public hearing on such application shall be scheduled within thirty (30) days of the Town Board’s receipt of a completed application and such public hearing shall be held upon at least five (5) days’ notice by publication in the Town’s official newspaper and posting on the Town Clerk’s public notice board. The applicant shall pay the cost of such publication. C. At said public hearing, the property owner and other interested parties shall be heard and given the opportunity to present evidence in connection with the application. The Town Board may request additional information or evidence from the applicant as it may determine, in its sole discretion, as being necessary to render its decision. The Town Board shall render a decision in writing within thirty (30) days of the later of the public hearing or the date it receives of the additional information from the applicant, if applicable. If the Town Board determines that the property owner will suffer an unnecessary hardship by means of the strict application of this Local Law, then the Town Board will grant the minimum variance necessary to afford relief to the applicant. Section 13. State Environmental Quality Review Act (SEQRA) The Town Board has considered the provisions of Article 8 of the Environmental Conservation Law (“SEQRA”) and the regulations adopted thereunder at 6 NYCRR Part 617 and finds this Local Law to be a Type II Action as defined therein. Therefore, no further review is required under SEQRA. Section 14. Effective Date. This Local Law shall take effect immediately upon filing in the Office of the New York State Secretary of State. #41­2026: MOTION was made by Supervisor Ventry to approve the Local Law as presented; seconded by Councilmember Walker; Ayes: All; Opposed: None; Abstain: None; Motion carried. 10. Set Public Hearing: #42­2026: MOTION was made by Supervisor Ventry to set the public hearing for considering proposed local law updating Chapter 108 (Schedule of Fees) of the Town of Eden Code to March 11, 2026 at 6:30 PM; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. Supervisor’s Report Hearing of Visitors: Jeff Suiter from Dave DiPietro’s Office 716­655­0951 Dan Malarkey #43­2026: MOTION was made by Supervisor Ventry to adjourn the meeting and enter Executive Session for Recreation Contractual; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. Adjournment: 7:15 PM Respectfully submitted by, Emily Hawkins, Town Clerk 6