Common Council

** Change made 6/28/2023 REGULAR MEETING OF THE COMMON COUNCIL JUNE 14, 2023 PAGE SIX Public Discussion:  Police Sergeant Tustin Swift asked about the location of the EARS spay/neuter clinic. He noted there will be Court on the same day and is concerned with parking. It was explained that the location will further to the East from the court parking area.  City resident Tisha Seeley asked about the Central Avenue property which a trailer was installed with a Marijuana dispensary business. Council Member Koch explained that a commercial building will be installed, however the process takes time to design and get approval. There was discussion regarding the concern with the look of the business and the appeal to underage children attending school in the area. Planning Commission Chairman Lindley Pryor explained some of the Zoning Law requirements. He noted that the driveway approaches will need to be approved by the City, the Cattaraugus County Planning Board and the NYS Department of Transportation (due to the property being located on Route 219). He also stated the City Planning Commission will oversee the plans for the location of the building, structure, lighting and signage. It was noted that New York State and the Seneca Nation of Indians regulations for marijuana businesses have not been finalized. Therefore, there is no legal charges to be placed for the courts to proceed **on any dispensary. Resident Adam Hasley is concerned with illegal sales to minors and how this can be enforced **in the City. Code Enforcement Officer Smith noted that there is concern, from a medics’ perspective, with the ingredients in the products being sold **in the City. After discussion Mayor Magiera stated unfortunately the City’s hands are tied, however, she will contact the SNI for information on their regulations **concerning dispensaries in the City. Work Session: At this time the Council held a work session with City Court Judge Matthew Swenson. There was discussion regarding the current process for property code violations, such as letters, ticketing, court dates, pre-trial conferences and adjournments for more time to remedy. Some individuals do not appear and it is difficult to serve non-residents. Judge Swenson noted that the Court can process code violations, however, he suggests have a prosecutor on the City’s behalf. This would allow Code Enforcement Officers to be witnesses to the issues. It the individual defaults and the City has proof of the issues the Court can order a fine, sentence or civil judgement. He noted some municipalities have criminal charges applied.