Common Council

Journal of Proceedings OF THE COMMON COUNCIL OF THE CITY OF OLEAN, N.Y. May 12, 2026 COUNCIL CHAMBERS COUNTY OF CATTARAUGUS STATE OF NEW YORK A Regular Meeting of the Olean Common Council of the City of Olean was held on March, May 12, 2026 at 6:30 p.m. PRESENT: Aldermen Robinson, Bennion, Keary, McCall, Crawford, and Anastasia ABSENT: Alderman Forney OFFICIALS: Mayor Amy Sherburne; Lens Martial, City Clerk; Allison Barnish, City Auditor; Michael Morgan, City Attorney; James Sprague, Director of Public Works; Keri Kerper, Community Development Program Coordinator, and Tiffany Taylor, Managerial Confidential Administrative Secretary At this time a prayer was given by Mr. Martial, followed by a salute to the flag. READING, CORRECTING, AND APPROVAL OF THE MINUTES OF THE PREVIOUS REGULAR MEETING A motion to approve the minutes of the April 28, 2026 Regular Meeting was made by Alderman Robinson, seconded by Alderman Anastasia. Voice vote, ayes all. Motion carried. COMMITTEE REPORTS & UNFINISHED COUNCIL BUSINESS Report from Committee of the Whole on PL #52-26, to authorize the transfer of funds from the Bed Tax Revenue line to Capital Fund #252, Bed Tax. Committee recommends approval. Referred to City Attorney for Resolution. Report from Committee of the Whole on PL #53-26, to authorize the transfer of funds from Water Purification Capital Outlay to Capital Fund #243, Water Line Repair and Replacement, and from Sewer Maintenance Capital Outlay to Capital Fund #242, Sewer Line Repair and Replacement. Committee recommends approval. Referred to City Attorney for Resolution. COMMUNICATIONS FROM THE MAYOR Special Proclamation National Nurses Week Special Proclamation for National Military Appreciation Month Special Proclamation for Mental Health Awareness Month Special Proclamation for Memorial Day Special Proclamation to Honor Carol Mahoney for 40 Years of Service with Home Care and Hospice MISCELLANEOUS COMMUNICATIONS Notification of Adult-Use Retail Dispensary License Application – Honey’s Cannabis LLC – 815 West State Street, Olean CITY OFFICIAL REPORTS  Journal of Proceedings OF THE COMMON COUNCIL OF THE CITY OF OLEAN, N.Y. May 12, 2026 Monthly Report of the City Auditor – month ended April 2026 Financial Summary as of April 30, 2026 PROPOSED LEGISLATION AND REFERRALS PL #46-26: (Robinson) To authorize the transfer of $200,000 from Sewer Fund Balance to a newly created Reserve Fund for costs associated with Intermunicipal Agreement litigation. Referred to Finance Committee by Council President. PL #47-26: (Crawford) To designate the admission fee for the Splash Park to be $5 for two hours. Referred to Youth and Recreation Committee by Council President. PL #48-26: (Sherburne) To adopt the 2025 Cattaraugus County Hazard Mitigation Plan. Referred to Regular Meeting Tuesday, May 12, 2026 for Resolution by Council President. PL #49-26: (Sherburne) To authorize the Mayor to execute the Intermunicipal Agreement for the Allegheny River Valley Trail between the City of Olean, Town of Olean, and Town of Allegany. Referred to Youth and Recreation Committee by Council President. PL #51-26: (Sherburne) To amend the City of Olean Code of Ordinances Section 13- 376, Conditions for maintenance of license, to amend requirements for a contractor’s license in accordance with the New York State Correction Law Article 23-A. Referred to Public Safety Committee by Council President. PL #52-26: (Robinson) To authorize the transfer of funds from the Bed Tax Revenue line to Capital Fund #252, Bed Tax. Referred to Committee of the Whole Tuesday, May 12, 2026 by Council President. PL #53-26: (Robinson) To authorize the transfer of funds from Water Purification Capital Outlay to Capital Fund #243, Water Line Repair and Replacement, and Sewer Maintenance Capital Outlay to Capital Fund #244, Sewer Line Repair and Replacement. Referred to Committee of the Whole Tuesday, May 12, 2026 by Council President. PL #54-26: (Robinson) To amend the City of Olean Code of Ordinances Section 24- 173, NO blocking of driveways, to include 1615 West State Street. Referred to Public Safety Committee by Council President. PL #55-26: (Bennion) To amend the City of Olean Code of Ordinances Section 24- 134 to prohibit parking on both sides of Forest Hills Ave. for a distance of 200 feet from its intersection with Grandview Avenue. Referred to Public Safety Committee by Council President. PUBLIC COMMENT/INPUT Alderman Keary explained he was an original sponsor for Local Law #02-2026 for Brownfield permitting and fees. He explained he strongly supports regulatory activities, but he feels that as the law is written that it focuses solely on Brownfields and is too narrowly focused. He explained he feels we should assess fees on oversized and overweight vehicles but he feels having fees on vehicles just because they are coming from a Brownfield site is overly capricious. Alderman McCall explained we see trucks every day, and she would argue that there are projects where we see more tonnage and more waste. She explained she feels we need to take a comprehensive look and not such a narrowly-focused look. She explained the City benefits from a Brownfield site being cleaned up as well. She explained we do not need to enact  Journal of Proceedings OF THE COMMON COUNCIL OF THE CITY OF OLEAN, N.Y. May 12, 2026 something so narrowly focused. Alderman Anastasi8a explained he agrees and thinks the way the law is written is unfair. Don Benson of 10 St. Mary’s Drive, Allegany explained he is here as a good citizen and explained he wants to work with the City. He explained he owns properties in the City that are designated as Brownfields, some which have been remediated and some which will be remediated. He explained we do not need regulations to collect dollars, and instead need regulations for the health and welfare of citizens, but the DEC does that. FINANCE / BILLS None RESOLUTIONS Alderman Robinson explained the legislation on the Brownfields might be new to the City of Olean, but it is not new and other municipalities have similar language. He explained we could consider simply a road use agreement that requires designated hauling routes, pre- and post-use surveys, indemnifications, and a security cost per mile depending on the road. He explained the purpose of the PL is not to penalize the owners of Brownfield property, but rather to ensure municipal costs caused by the cleanup are not left on the taxpayer. He explained the City could require a project to escrow funds to address reasonable municipal costs. He explained that we have always known that not all legislation is perfect and we know we can always expand on legislation if it is needed, He explained we have one person present who is the primary person affected by this law, however it addresses an area that requires more attention for wear and tear. He explained he feels this is something the City needs to get started, and explained this is nothing new to the City and we are just behind the curve ball on getting this legislation in place. Alderman Bennion explained the legislation talks about ensuring remediation is conducted safely and municipal oversight. H explained our City does not do any inspections on the Brownfield cleanups. He explained the fees we charge have to be in relation with the services we provide as a City, and adding these fees up far outweighs any service provided by the City. He explained the DEC and DOT are ensuring this cleanup is done safely. He explained the City profits from developments on Brownfields after cleanup is done, and the oversight and cleanup require people coming from outside of Olean who will stay here and contribute to our economy while they are here. He explained he recognizes the impact of heavy equipment on municipal streets, but other companies like National Grid have heavy trucks on the street and they are not charged fees for the potential damage they are causing. He explained of the 904 acres of Brownfields, most are remediated. He explained we are singling out one small sector. He explained he has no problem with an escrow for the road and indemnification agreements. He explained if trucks are oversized and overweight, there are other regulations. He explained he has issues when we do not apply things consistently or fairly, and this is not being applied consistently or fairly, so he will not support it. Alderman Crawford explained we should look at addressing large-scale projects and explained this is not a new conversation. He explained it is great to see more and more corporations who have long left Olean being held accountable for the damage they did and paying to remediate those sites. He explained he feel this should be expanded as Alderman Bennion explained and should not apply just to Brownfields. He explained the Council should look at what the large-scale construction projects and continued use of heavy trucks does to our roads and explained he does not feel that it is fair that our taxpayers end up with the cost of taking care of the damage to our streets. He explained he is in favor of this as it is a good start, and he feels it should be expanded down the road.  Journal of Proceedings OF THE COMMON COUNCIL OF THE CITY OF OLEAN, N.Y. May 12, 2026 Alderman Anastasia explained although he does not support this legislation, he is happy to see the Brownfield areas being cleaned up. LOCAL LAW #02-2026 PL #44-26 By Alderman Keary, Seconded by Alderman Robinson TO ENACT A LOCAL LAW ESTABLISHING A PERMITTING PROCESS TO ENSURE BROWNFIELD OPPORTUNITY AREA (BOA) REMEDIATION IS CONDUCTED SAFELY AND THAT THE DEVELOPER – NOT THE TAXPAYER – BEARS THE COST OF MUNICIPAL OVERSIGHT AND ROAD MAINTENANCE Section 1. Purpose and Intent The City of Olean recognizes that brownfield cleanups are vital for economic redevelopment but impose significant administrative, environmental, and infrastructure costs on the municipality. This law establishes a permitting process to ensure that remediation is conducted safely and that the developer-not the taxpayers- bears the cost of municipal oversight and road maintenance. Section 2. Background The City of Olean Department of Community Development received a grant through the New York State Department of State Brownfield Opportunity Area (BOA) Program to conduct an area-wide revitalization plan for the northwest quadrant of the City. The purpose of the Northwest Quadrant Revitalization Study is to provide a framework for how underutilized, vacant and brownfield properties can lead to redevelopment initiatives that improve the economy and quality of life for residents and businesses. Section 3. Brownfield Remediation Operating Permit No person or entity shall commence remediation of a designated brownfield site without obtaining a Remediation Operating Permit from the [Building/Environmental] Department. A. Application Fee: A base administrative fee of $500 shall accompany the application. B. Volumetric Oversight Fee: To cover the cost of technical review and site monitoring, a fee shall be assessed based on the total volume of contaminated material excavated or remediated: • Up to 1,000 cubic yards: $1.00 per cubic yard. • 1,001 to 10,000 cubic yards: $0.75 per cubic yard. • Over 10,000 cubic yards: $0.50 per cubic yard. C. Technical Escrow: For projects exceeding 5,000 cubic yards, the applicant must deposit $5,000 into an escrow account to reimburse the municipality for third- party engineering or environmental consultants. Section 4. Heavy Haul and Road Use Permit Recognizing the impact of heavy equipment on municipal roads, any cleanup involving the off-site transport of material must obtain a Road Use Permit.  Journal of Proceedings OF THE COMMON COUNCIL OF THE CITY OF OLEAN, N.Y. May 12, 2026 A. Truck Size Fees: Fees are assessed per vehicle per day of operation based on the Gross Vehicle Weight Rating (GVWR): Medium Duty (Class 4-6; up to 26,000 lbs.): $25 per truck/day. Heavy Duty (Class 7-8; 26,001+lbs/ Dump Trucks): $75 per truck/day. B. Infrastructure Security Bond: The applicant shall post a performance bond or letter of credit in an amount determined by the Highway Superintendent (minimum $25,000) to cover potential damage to municipal roadways along the designated haul route. Section 5. Project Location & Boundary The Northwest Quadrant study area includes approximately 904 acres. The study area includes lands west of Olean Creek, north of Wayne Street and Constitution Avenue, south of Fountain Street and east of North 24th Street. Redevelopment Potential: The study area includes significant opportunities to attract new development interest, most notably within close proximity to the I-86 corridor. The largest and most prominent industrial zone within the study area is located between Buffalo Street, Wayne Street, and east-west Western New York and Pennsylvania railroad corridor. Historic industrial uses located in this portion of the study area date back over 150 years and included: • Acme Glass • Van Der Horst • Agway Felmont • Exxon/Mobil Legacy Site (Works #1 and Works #2) Among the study area’s many advantages are the site amenities and conditions provided across many acres of flat available land, including close proximity to the interstate system, rail access and the lack of development encumbrances such as wetland and flood zones. There are also a number of existing industrial businesses in the Northwest Quadrant Revitalization area that provide the potential for associated suppliers and services to locate nearby. The study area must build on surrounding assets and positive momentum generated from projects such as the Downtown Revitalization Initiative Streetscape Projects. Section 6. Reporting and Enforcement The permittee must submit weekly “Manifest Summaries” documenting the total cubic yardage removed and the number of truck trips by class. Failure to obtain a permit or under-reporting volume shall result in a fine of $1,000 per day and immediate suspension of the operating permit. Section 7. Effective Date This Local Law shall take effect immediately upon filing with the New York State Department of State. ROLL CALL, AYES ALDERMEN ROBINSON AND CRAWFORD; NOES, ALDERMAN BENNION, KEARY, MCCALL, AND ANASTASIA. MOTION DEFEATED.  Journal of Proceedings OF THE COMMON COUNCIL OF THE CITY OF OLEAN, N.Y. May 12, 2026 RESOLUTION #41-26 PL #38-26 By Alderman McCall, Seconded by Alderman Forney RESOLUTION ESTABLISHING THE STANDARD WORK DAYS PURSUANT TO NEW YORK STATE AND LOCAL RETIREMENT SYSTEM REGULATION 315.4 BE IT RESOLVED, that the City of Olean / Location code 20039 hereby establishes the following as standard work days for elected and appointed officials and will report the following days worked to the New York State and Local Employees’ Retirement System based on the record of activities maintained and submitted by these officials to the Clerk of this body. This information is pursuant to Regulation 315.4(b). Title and Name Standard Work Term Begin/End Days/Mths based No ROA Day 315.4(b)(i) 315.4(b)(ii) on record Received 315.4(b)(iv) Elected Officials John Crawford, 6 8/12/25-12/31/26 X Alderman Jennifer Forney, 6 1/1/25-12/31/26 X Alderman Appointed Officials Michael Morgan, 6 01/02/26- 5.25 City Attorney 12/31/29 Steven Rogers, 6 1/1/25-12/31/31 .42 Zoning Board Kelly Sweet 6 11/18/22- .35 Zoning Board 11/18/29 RESOLVED, that this resolution will be effective immediately. ROLL CALL, AYES ALL. MOTION CARRIED. RESOLUTION #42-26 PL #39-26 By Alderman Robinson, Seconded by Alderman Bennion TO AMEND THE CITY OF OLEAN SIDEWALK REBATE PROGRAM WHEREAS, the Common Council, through Resolution #28-19, established the Sidewalk Rebate Program to aid in the improvement and enhancement of the safety, walking conditions and ADA compliance of sidewalks through the City’s residential neighborhoods; and WHEREAS, the Common Council wishes to amend the program; RESOLVED, that the City of Olean Sidewalk Rebate Program is hereby amended to allow for applicants for all residential properties, regardless if the property is owner-occupied. BE IT FURTHER RESOLVED, that the rebate amount of 50% of the City of Olean’s approved contractor’s cost per eligible square foot not to exceed 50% of the City’s contractor’s cost shall be available for the mainline sidewalk for residential properties with a $1,500 cap per property (driveway aprons and approach sidewalks are ineligible for this program). RESOLVED, that this Resolution is hereby effective immediately. ROLL CALL, AYES ALL. MOTION CARRIED.  Journal of Proceedings OF THE COMMON COUNCIL OF THE CITY OF OLEAN, N.Y. May 12, 2026 RESOLUTION #46-26 PL #40-26 By Alderman Bennion, Seconded by Alderman Robinson TO AMEND THE CITY OF OLEAN CODE OF ORDINANCES SECTION 24-136, SEASONAL RESTRICTIONS, TO AMEND PARKING RESTRICTIONS FOR STREET SWEEPING BE IT RESOLVED, that the City of Olean Code of Ordinances Section 24-136 is hereby amended as follows: Sec. 24-136. Seasonal restrictions The standing or parking of vehicles upon the streets of the City shall be prohibited from May 15 until October 15 in each year, according to the following biweekly schedule:\ No parking shall be permitted from 12:00 a.m. until 6:00 a.m. on the following streets in the City: a. Week A: Sunday night/Monday morning: Center Street; School Street; Genesee Street; Inwood Drive; Woodview Avenue; Woodview Court; Oviatt Street; Hamilton Avenue; Euclid Avenue; VanBuren Avenue; Willow Street; Rosedale Terrace; East and West Baldwin Avenue; Madison Avenue; Delaware Avenue; (from North Union Street to Olean Creek); Root Street; East Connell Street; Brookview Avenue; Gardiner Avenue; East and West Forest Avenue; East and West Water Street; East and West Elm Street; East and West Oak Street; E Pine Street; Thorn Street; West Arland Avenue; Highland Terrace; Stardust Lane; Skyview Drive; Satellite Circle; Gemini Drive. Monday night/Tuesday morning: Higgins Avenue; North 4th Street (from Wayne St to Spruce St); Spruce Street; North 1st Street (from Wayne Street to North Union Street); Keating Avenue; Maple Street; Walnut Street; River Street (from East Forest Avenue to Pine Street); Martin Street; North Barry Street (from Main Street to Delaware Avenue); Main Street; Front Street (from Main Street to School Street); Fifth Avenue; Fourth Avenue; Third Avenue; Second Avenue; First Avenue; Fairview Avenue. Tuesday night/Wednesday morning: Wayne Street; Buffalo Street (from 12th Street to City line); Homer Street; Fountain Street; Johnson Street; Franklin Street; Coleman Street; North 5th Street; North 6th Street; North 7th Street; North 8th Street. Wednesday night/Thursday morning: North Barry Street (East State Street to dead end); South Barry Street; North Clinton Street; South Clinton Street; Fulton Street; East Riverside Drive (from South Union Street to end of curbing); Indiana Avenue; Bradley Drive; Carolina Street; Vermont Street; Virginia Street; East and West Ohio Street; York Street; Garfield Court; Grant Court; Monroe Terrace; West Riverside Drive; Martha Avenue; North 1st Street (from State Street to Wayne Street); South 1st Street; North and South 2nd Street; North and South 3rd Street; North 4th Street (from State to Reed Street); South 4th Street (from State Street to Green Street). Thursday night/Friday morning: North and South Union Street; East and West State Street. b. Week B: Sunday night/Monday morning: Front Street; (from School Street to East State Street); Prospect Avenue; Grandview Avenue; Seneca Avenue;  Journal of Proceedings OF THE COMMON COUNCIL OF THE CITY OF OLEAN, N.Y. May 12, 2026 Garden Avenue; Bishop Street; Griffin Street; Plum Street; Goodrich Avenue; Brook Street; Prince Street; Crown Street (from Queen Street to King Street); Bell Street; Delaware Avenue (from Queen Street to Gulf Street); Kingston Drive; Division Street; East Spring Street. Monday night/Tuesday morning: Rowland Avenue; Hoop Street; Grossman Avenue; Osgood Avenue; Jefferson Street; Richmond Avenue; Niagara Street; North and South Clark Street; Orchard Avenue; Chestnut Street; King Street; Queen Street; Alder Street; Stowell Avenue; Duke Street; Charles Street; James Street. Tuesday night/Wednesday morning: Worden Avenue; Winters Avenue; North and South 9th; North and South 10th Street; North and South 11th Street; North and South 12th Street; Putnam Street (between 11th Street and 12th Street); North and South 13th Street; North and South 14th Street; North 15th Street; South 16th Street; North and South 17th Street; North and South 18th Street; North and South 19th Street; North 20th Street; North 21st Street; North 24th Street; South 25th Street; South 26th Street. Wednesday night/Thursday morning: Whitney Avenue; Reed Street (from 7th Street to 13th Street); W Sullivan Street; Laurens Street; Washington Street; Buffalo Street (from Washington Street to Wayne Street); West Henley Street; Irving Street; West Greene Street; Hamilton Street; Tompkins Street; Laurel Avenue; Times Square; South Street; East Henley Street; East Greene Street; Adams Street; Franchot Boulevard. Thursday night/Friday morning: North and South Union Street; East and West State Street. RESOLVED, that this Resolution shall be effective immediately. ROLL CALL, AYES ALL. MOTION CARRIED. RESOLUTION #49-26 PL #48-26 By Alderman McCall, Seconded by Alderman Keary TO ADOPT THE 2025 CATTARAUGUS COUNTY HAZARD MITIGATION PLAN WHEREAS, the City of Olean Common Council recognizes the threat that natural hazards pose to people and property within the City of Olean; and WHEREAS, Cattaraugus County has prepared a multi-hazard mitigation plan, hereby known as the 2025 Cattaraugus County Hazard Mitigation Plan in accordance with the Disaster Mitigation Act of 2000; and WHEREAS, the 2025 Cattaraugus County Hazard Mitigation Plan identifies mitigation goals and actions to reduce or eliminate long-term risk to people and property in the City of Olean and Cattaraugus County from the impacts of future hazards and disasters; and WHEREAS, adoption by the City of Olean Common Council demonstrates their commitment to hazard mitigation and achieving the goals outlined in the 2025 Cattaraugus County Hazard Mitigation Plan; NOW, THEREFORE, BE IT RESOLVED by the Olean Common Council that in accordance with the City of Olean Code of Ordinances, the City of Olean Common Council adopts the 2025 Cattaraugus County Hazard Mitigation Plan. BE IT RESOLVED, that this plan, approved by the community, may be edited or amended after submission for review, but will not require the community to re-adopt any further iterations; this only applies to this specific plan and does not absolve the community from updating the plan in five (5) years.  Journal of Proceedings OF THE COMMON COUNCIL OF THE CITY OF OLEAN, N.Y. May 12, 2026 RESOLVED, that this Resolution is hereby effective immediately. ROLL CALL, AYES ALL. MOTION CARRIED. RESOLUTION #53-26 PL #52-26 By Alderman McCall, Seconded by Alderman Bennion RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM BED TAX REVENUE TO CAPITAL FUND #252, BED TAX RESOLVED, that the following transfer be authorized: Account # Description – General Transferred Transferred to From A-01-4-3004 Bed Tax Revenue $263,003 Capital Fund #252 Bed Tax $263,003 BE IT FURTHER RESOLVED, that this Resolution is effective immediately. ROLL CALL, AYES ALL. MOTION CARRIED. RESOLUTION #54-26 PL #53-26 By Alderman Keary, Seconded by Alderman Bennion RESOLUTION AUTHORIZING THE TRANSFER OF FUNDS FROM LINE ITEM 8330.301 TO CAPITAL FUND #243, WATER LINE REPAIR AND REPLACEMENT AND FROM LINE ITEM 8120.301 TO CAPITAL FUND #242, SEWER LINE REPAIR AND REPLACEMENT RESOLVED, that the following transfer be authorized: Account # Description – General Transferred Transferred to From F-06-5-8330.301 Water Purification – Capital $250,000 Outlay G-07-5-8120.301 Sewer Maintenance – Capital $65,831 Outlay Capital Fund #243 Water Line Repair and $250,000 Replacement Capital Fund #242 Sewer Line Repair and $65,831 Replacement BE IT FURTHER RESOLVED, that this Resolution is effective immediately. ROLL CALL, AYES ALL. MOTION CARRIED. ADJOURNMENT Motion to adjourn was made by Alderman Robinson, seconded by Alderman McCall. Voice vote, ayes all. Motion carried. Meeting adjourned at approximately 7:30 p.m.  Journal of Proceedings OF THE COMMON COUNCIL OF THE CITY OF OLEAN, N.Y. May 12, 2026 _______________________ Frank Caputo, City Clerk _____________________ Mayor Amy Sherburne _____________________ Vernon Robinson, Jr.,, Council President I hereby approve the foregoing minutes Dated: ____/____/________ STATE OF NEW YORK COUNTY OF CATTARAUGUS CITY OF OLEAN I, Frank Caputo, City Clerk of the City of Olean, do hereby certify that the foregoing minutes of the Common Council of the City of Olean is the true and correct copy of the whole thereof. _____________________ Frank Caputo, City Clerk