Southtowns Record

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

Town of Eden Town Board Mar 11, 2026 8 pages

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March 11, 2026 MINUTES REGULAR MEETING AND WORK SESSION – EDEN TOWN BOARD 2795 E Church St. Eden, NY 14057 March 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 OTHERS PRESENT: Emily Hawkins ­ Town Clerk Marlene Grunder ­ Administrative Assistant to the Supervisor Lisa Winter ­ Bookkeeper Bill Trask ­ Town Attorney Pledge of Allegiance Public Comment on Agenda Items Only: None #53­2026: MOTION was made by Supervisor Ventry to open the Public Hearing for considering Proposed Local Law 3­2026 updating Chapter 108 of the Town of Eden Code, “Standard Schedule of Fees”; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. 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 March, 2026 at 6:30 P.M. Local Time, for the purpose of considering Proposed Local Law No. 3­2026 which, if approved, updates Chapter 108 of the Town of Eden Code being the “Standard Schedule of Fees” of 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. #54­2026: 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 6:34 PM. Approval of Minutes: #55­2026: MOTION was made by Councilmember Wilhelm to accept the minutes of February 11, 2026 and February 25, 2026 as written; seconded by Councilmember Byrnes; Ayes: All; Opposed: None; Abstain: None; Motion carried. Budget Transfers: March 11, 2026 A1110.4 A1110.1 Year End Accrued Payroll $1,024.00 Municipal Court Contractual Municipal Court ­ Personal D2680 D5110.1 Worker Comp Wage Settlement $9,720.00 Insurance Recoveries Maint of Roads­Personal D915.2 D5110.1 Balanced owed sick bank­Flynn $259.08 Assigned Highway Sick Pay Maint of Roads­Personal 1

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March 11, 2026 A3620.1 A3620.4 Overbudget $76.00 Safety Insp ­ Personal Safety Inspection ­ Contractual A899.1 A4540.4 Use of Reserves for EMS $16,632.60 Restricted EMS Ambulance Contractual A7150.1 A7150.4 Overbudget $213.00 Special Rec Facilities ­ Special Rec Facilities ­ Personal Contractual A7150.1 A7310.4 Overbudget $531.00 Special Rec Facilities ­ Personal Youth Contractual A8020.1 A8010.1 Overbudget $27.83 Planning ­ Personal Zoning Personal A8020.1 A8010.4 Overbudget $244.00 Planning ­ Personal Zoning Contractual ** Assign $2000.00 from A8540.4 to future drainage projects **Assigned Rec 915.5 for Swartz Field $45,480.18 for March 11, 2026 SF2665 SF878 Proceeds from Sale of $12,760.00 Sale of Equipment Restricted Capital Reserve Fire Fire Truck to Reserve Final Due on 2000 Gallon SF878 SF3410.2 Tanker $350,457.00 Restricted Capital Reserve Fire Fire ­ Equipment A2115 SF889 Evergreen Acres Addition to $8,000.00 Permit Fees Commercial Permit Fees Commercial Permit Fees A2170 A6989.4 Brownfield Opportunities Grant $9,985.62 Community Dev Income Other Economic Development #56­2026: MOTION was made by Supervisor Ventry to approve the budget transfers as presented; seconded by Councilmember Walker; Ayes: All; Opposed: None; Abstain: None; Motion carried. Audit of Bills: 2025 Payables FUND DESCRIPTION VOUCHER NUMBERS AMOUNT General 947­950 $17,765.76 Fire 349 $204.75 Street Lights 3 $108.00 Capital H1620 4 $647.50 March 2026 FUND DESCRIPTION VOUCHER NUMBERS AMOUNT General 71­148 $93,193.85 Fire 30­61 $366,460.75 Ambulance 20­40 $10,626.59 Water 1­3 $108,607.16 Street Lights 3­7 $$3,262.72 2

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March 11, 2026 Refuse 3 $64,802.92 Highway 37­66 $65,995.13 #57­2026: MOTION was made by Councilmember Byrnes to approve the audit of bills as presented; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. Departmental Reports: Committee Reports: Public Comments on Agenda Items: New and Unfinished Business: 1. Surplus of 1996 New Holland Tractor: #58­2026: MOTION was made by Supervisor Ventry to declare the 1996 New Holland tractor surplus and to be sold to the Eden Evergreen cemetery for $10,000; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. 2. Snow Blowing Complaint – Refer to Code Review Committee: #59­2026: MOTION was made by Supervisor Ventry to refer the proposed snow blowing complaint to the Code Review Committee; seconded by Councilmember Walker; Ayes: All; Opposed: None; Abstain: None; Motion carried. 3. Proposed Local Law 3­2026 Updating Chapter 108 Schedule of Fees: LOCAL LAW NO. 3­2026 A Local Law Updating Chapter 108 of the Town of Eden Code being the “Standard Schedule of Fees” of the Town of Eden Be it enacted by the Town Board of the Town of Eden, County of Erie and State of New York as follows: SECTION 1. Chapter 108 of the Code of the Town of Eden is hereby amended by adding a new Section 108­4 to read as follows: § 108­4 Amendments. Notwithstanding anything to the contrary contained therein, the “Standard Schedule of Fees” contained in Section 108­3 may be amended, supplemented and updated from time­to­time by Resolution of the Town Board of the Town of Eden. Upon adoption of such Resolution, the Standard Schedule of Fees, as amended, supplemented or updated, shall be posted on the Town of Eden’s website and made available to the public in the office of the Eden Town Clerk. Section 2. This local law shall become effective upon adoption and filing with the Secretary of State of the State of New York. #60­2026: 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. 4. MOU for Police Contract: #61­2026: MOTION was made by Supervisor Ventry to approve addendum No. 1 to Town of Eden Agreement with Eden Police club hours, effective March 8, 2026; seconded by Councilmember Walker; Ayes: All; Opposed: None; Abstain: None; Motion carried. 5. Swim Lesson & Pool Fees: Pool Fees 2023 2024 2025 2026 Resident Swim Lessons 65 70 85 95 Non-resident Swim Lessons 125 130 135 145 Resident Family Swim Lessons (3+) 195 210 255 285 Non-resident Family Swim Lessons (3+) 375 390 405 435 Resident Individual Season Pass 50 50 50 25 Non-resident Individual Season Pass 100 100 100 100 3

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March 11, 2026 Resident Family Season Pass 150 150 150 75 Non-resident Family Season Pass 300 300 300 300 Resident Lap Swim 50 50 50 55 Non-resident Lap Swim 75 75 75 80 Daily Pass 5 10 10 10 Resident Family Daily Pass (3+) 0 0 30 30 #62­2026: MOTION was made by Supervisor Ventry to approve the pool fees as presented; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. 6. Recreation Summer Employees : 2026 SUMMER POOL STAFF DOH Position Name Pay Rate Aquatics Director Ivan Bitnun-summer season $4,800.00 2022 Lifeguard Lily Phillips $18.50 2022 Lifeguard Rachel Phillips $18.50 New Lifeguard Jonna Grieco $16.50 2025 Lifeguard Macey Scott $17.00 2025 Lifeguard Aliyah wakelam $17.00 2021 Head Instructor Danielle Gephart $20.00 2021 Instructor Eli Noecker $19.00 2023 Instructor Mia Scott $18.00 2022 Instructor Sophia Noecker $18.50 2022 Instructor Maya Hartman $18.50 2022 Instructor Abigail Laverdi $18.50 2025 Asst. Instructor Sienna Miller $17.00 2024 Asst. Instructor Grace Ritz $17.50 2022 Asst. Instructor Brady Mason $18.50 2023 Asst. Instructor Evan Noecker $18.00 2024 Asst. Instructor Dylan Noecker $17.50 2022 Substitute Olivia Stalker $18.50 2024 Substitute Tessa Dzubella $17.50 21-23 Substitute Elle Noecker $18.00 #63­2026: MOTION was made by Supervisor Ventry to approve the 2026 pool staff as presented; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. 7. Stage Lease with Eden Corn Festival: #64­2026: MOTION was made by Supervisor Ventry to approve the stage rental agreement between the Eden Corn Festival and the Town of Eden from July 7, 2026 to August 25, 2026 as presented; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. 8. MS4 Annual Report: The MS4 Annual Report is available for inspection in the Town Clerk’s Office. 9. Award Bid for Larkin Road Culvert Replacement: #65­2026: MOTION was made by Supervisor Ventry to accept the bid from Gallman Excavating Inc. in the amount of $538,605.67, for replacement of the Larkin Road culvert over Franklin Gulf; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. 4

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March 11, 2026 10. Off­road Drainage Project 2026­1: #66­2026: MOTION was made by Councilmember Walker to approve project 2026­01: miscellaneous townwide mowing and clearing at a cost not to exceed $6,000; seconded by Councilmember Byrnes; Ayes: All; Opposed: None; Abstain: None; Motion carried. 11. Part­time Police Officer Zachary Ambroski: #67­2026: MOTION was made by Supervisor Ventry to appoint Zachary Ambroski to the position of Part­Time Police Officer at a rate of pay as stated in the current Eden Police Contract; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. 12. Trailer for Recreation Department: RESOLUTION AUTHORIZING SUPERVISOR RICHARD S VENTRY TO EXPEND FUNDS FROM THE RECREATION EQUIPMENT RESERVE OF THE TOWN OF EDEN SUBJECT TO PERMISSIVE REFERENDUM The Town Board of the Town of Eden, duly convened in a regular session does hereby resolve pursuant to the provisions of Section 6­C of the General Municipal Law of the State of New York that the Town Supervisor of the Town of Eden is hereby authorized and directed to appropriate a sum not to exceed $5,500.00 from the Restricted Recreation Equipment Reserve Account A878.4 of the Town of Eden for a new 20 ft utility Trailer EW 2500 subject to permissive referendum. #67­2026: MOTION was made by Councilmember Wilhelm to approve the resolution as read; seconded by Councilmember Walker; Ayes: All; Opposed: None; Abstain: None; Motion carried. 13. EBO Resolution: WHEREAS, the Town of Eden regularly contracts with NYSDOT for the design and construction of projects utilizing federal aid; and WHEREAS, NYSDOT has instituted a new web based civil rights reporting system called Equitable Business Opportunities (EBO); and WHEREAS, NYSDOT has made use of the EBO system mandatory on all federal aid projects; and WHEREAS, NYSDOT requires that in order to access the EBO system the Town of Eden must designate an EBO administrator, NOW, THEREFORE BE IT RESOLVED, that the Eden Town Board approves Supervisor Richard Ventry as the town’s EBO Administrator; and be it further RESOLVED, that the Eden Town Board hereby authorize Supervisor Richard Ventry to complete the EBO application and submit it to NYSDOT; and be it further RESOLVED, that once approved as the Town of Eden’s EBO administrator, the supervisor will be responsible for providing access to other town staff and engineers as required for the management of NYSDOT sponsored federal aid projects; and be it further RESOLVED, that one (1) certified copy will be attached to the request for EBO system log­in. #68­2026: MOTION was made by Supervisor Ventry to approve the resolution as read; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. 14. PILOT, Host, Decommissioning Agreement for Eden PV I Solar: TOWN OF EDEN TOWN BOARD RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AGREEMENTS FOR PAYMENT IN LIEU OF TAXES, HOST COMMUNITY PAYMENTS, AND DECOMMISSIONING FOR THE EDEN PV I SOLAR ENERGY FACILITY WHEREAS, Eden PV, LLC (the “Applicant”) has applied to the Town Board for a Special Use Permit to construct and operate a 3.2 MW (AC) community solar energy generation facility at 2394 West Church Street, Eden, New York (the “Project”), located on approximately 14.17 acres of a larger parcel; and WHEREAS, Eden Solar made applications for a special use permit, use variance and site plan approval for the Project on or about January 31, 2024, and provided supplements on or about February 14, 2024, May 14, 2024 and July 25, 2024 (the 5

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March 11, 2026 “Applications”); and WHEREAS, the Town Board, as Lead Agency, completed environmental review pursuant to the State Environmental Quality Review Act (“SEQRA”), accepted a Final Environmental Impact Statement, and adopted a SEQRA Findings Statement for the Project on September 10, 2025, concluding that the Project avoids or minimizes adverse environmental impacts to the maximum extent practicable; and WHEREAS, on September 18, 2025, the Town of Eden Zoning Board of Appeals granted the required variance for the Project subject to conditions; and WHEREAS, on October 1, 2025, the Town of Eden Planning Board granted Site Plan Approval for the Project, subject to conditions requiring issuance of this Special Use WHEREAS, on December 10, 2025, the Town Board granted a Special use Permit, subject to conditions, including: 1. Prior to the issuance of a Building Permit, the Applicant shall execute a Decommissioning Agreement and post financial security in an amount equal to 150% of the approved decommissioning cost estimate, consistent with §172­8(G). 2. Within 90 days of this approval, the Applicant shall enter into a Host Community Agreement with the Town pursuant to §172­8(J) with a value of not less than $3650/MW/Year with a 2% annual escalator which shall remain in place for the life of the project. 3. Within 90 days of this approval, the Applicant shall enter into a Payment in Lieu of Taxes (PILOT) Agreement for a term of 15­years for not less than $2000/MW/Year with a 2% annual escalator; and WHEREAS, on February 3, 2026, the Applicant submitted proposed PILOT, Host Community, and Decommissioning Agreements to the Town consistent with the conditions of the Special Use Permit; and WHEREAS, the Town Bord has had an opportunity to review and comment on the proposed PILOT, Host Community, and Decommissioning Agreements, which are attached hereto as Exhibits A, B and C respectively and incorporated herein; and NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Supervisor to execute the PILOT, Host Community, and Decommissioning Agreements attached hereto as Exhibits A, B and C for the Eden PV I solar energy facility. #69­2026: MOTION was made by Supervisor Ventry to approve the resolution as read; seconded by Councilmember Wilhelm; Ayes: Ventry, Wilhelm, Walker, Byrnes; Opposed: None; Abstain: Vacco; Motion carried. **Full copies of the agreement can be obtained through the Town Clerk’s Office 15. PILOT, Host, Decommissioning Agreement for Eden PV II Solar: TOWN OF EDEN TOWN BOARD RESOLUTION AUTHORIZING THE SUPERVISOR TO ENTER INTO AGREEMENTS FOR PAYMENT IN LIEU OF TAXES, HOST COMMUNITY PAYMENTS, AND DECOMMISSIONING FOR THE EDEN PV II SOLAR ENERGY FACILITY WHEREAS, Eden PV II, LLC (the “Applicant”) has applied to the Town Board for a Special Use Permit to construct and operate a 4.04 MW (AC) community solar energy generation facility at 2027 Eden Evans Center Road, Eden, New York (the “Project”), located on approximately 22.65 acres of a larger parcel; and WHEREAS, Eden Solar made applications for a special use permit, use variance and site plan approval for the Project on or about January 31, 2024, and provided supplements on or about February 14, 2024, May 14, 2024 and July 25, 2024 (the “Applications”); and WHEREAS, the Town Board, as Lead Agency, completed environmental review pursuant to the State Environmental Quality Review Act (“SEQRA”), accepted a Final Environmental Impact Statement, and adopted a SEQRA Findings Statement for the Project on September 10, 2025, concluding that the Project avoids or minimizes adverse environmental impacts to the maximum extent practicable; and WHEREAS, on September 18, 2025, the Town of Eden Zoning Board of Appeals granted the required variance for the Project subject to conditions; and WHEREAS, on October 1, 2025, the Town of Eden Planning Board granted Site Plan Approval for the Project, subject to conditions requiring issuance of this Special Use Permit; and Permit; and 6

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March 11, 2026 WHEREAS, on December 10, 2025, the Town Board granted a Special use Permit, subject to conditions, including: 1. Prior to the issuance of a Building Permit, the Applicant shall execute a Decommissioning Agreement and post financial security in an amount equal to 150% of the approved decommissioning cost estimate, consistent with §172­8(G). 2. Within 90 days of this approval, the Applicant shall enter into a Host Community Agreement with the Town pursuant to §172­8(J) with a value of not less than $3650/MW/Year with a 2% annual escalator which shall remain in place for the life of the project. 3. Within 90 days of this approval, the Applicant shall enter into a Payment in Lieu of Taxes (PILOT) Agreement for a term of 15­years for not less than $2000/MW/Year with a 2% annual escalator; and WHEREAS, on February 3, 2026, the Applicant submitted proposed PILOT, Host Community, and Decommissioning Agreements to the Town consistent with the conditions of the Special Use Permit; and WHEREAS, the Town Bord has had an opportunity to review and comment on the proposed PILOT, Host Community, and Decommissioning Agreements, which are attached hereto as Exhibits A, B and C respectively and incorporated herein; and NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby authorizes the Supervisor to execute the PILOT and Host Community Agreements attached hereto as Exhibits A, B and C for the Eden PV II solar energy facility. #70­2026: MOTION was made by Councilmember Walker to approve the resolution as read; seconded by Councilmember Wilhelm; Ayes: Ventry, Wilhelm, Walker, Byrnes; Opposed: None; Abstain: Vacco; Motion carried. **Full copies of the agreement can be obtained through the Town Clerk’s Office 16. Garret Champagne­Foret – add to Eden Fire Roster: #71­2026: MOTION was made by Councilmember Wilhelm to add Garret Champagne­Forte to the active roster for Eden Fire pending his physical and background check; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: All; Motion carried. 17. Michael Hine – Remove from Eden Fire Roster: The Town Board thanked Mike Hine for his service to the Town of Eden 18. Cancel Demolition Order: #72­2026: MOTION was made by Supervisor Ventry to cancel the Demolition Order for 8698 South Main Street issued by the Eden Town Board on June 26, 2024 and authorizing the Supervisor to execute an instrument confirming the cancellation of same for public record purposes; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. 19. Notice to Bidders: Swartz Field Sidewalk Installation: TOWN OF EDEN NOTICE TO BIDDERS NOTICE IS HEREBY GIVEN, that sealed bids will be received by the Town Board of the Town of Eden, New York, at the Eden Town Hall, 2795 East Church Street, Eden, New York, 14057, until 11:00AM, Monday, April 6, 2026, where bids will be publicly opened and read on the following items: 2026 Swartz Field Sidewalk Installation Specifications for these items are on file at the Town Clerk’s Office. Bids to be submitted on forms provided by the Town which may be obtained at the Town Clerk’s Office, 2795 East Church Street, Eden, New York, 14057. All bids must be accompanied by a Certificate of Non­Collusion supplied by the Town of Eden as required by the General Municipal Law. Date of completion will be specified by the bidder and will be a factor for consideration by the Town Board in its determination of acceptance for a contract. The Town Board reserves the right to reject all bids and to re­ advertise for new proposals. All bids are F.O.B. Eden, New York. 7

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March 11, 2026 This contract will be funded wholly or partially with federal funds, and as such, is subject to all federal rules and regulations pertinent thereto, including, but not limited to, federal policy of encouraging the participation of minority and women business enterprises as sources of suppliers, equipment, construction and services. #73­2026: MOTION was made by Supervisor Ventry to set the bid opening to April 6, 2026 at 11:00 AM in the Office of the Town Clerk for the Swartz Field Sidewalk Installation; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. Hearing of Visitors: Sandra Ploetz #74­2026: MOTION was made by Supervisor Ventry to adjourn the meeting and enter Executive Session for Highway Personal; seconded by Councilmember Wilhelm; Ayes: All; Opposed: None; Abstain: None; Motion carried. Respectfully submitted by, Emily Hawkins, Town Clerk 8

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