Common Council

REGULAR MEETING OF THE COMMON COUNCIL MARCH 13, 2024 7:00 PM PRESENT: Mayor Sandra Magiera Council Members: John Hill, Kylee Johnson, Barry Smith, Michael Reed, Janet Koch City Clerk: Tracy Chamberlain City Assessor: Cynthia Franklin Code Enforcement Officer: William Porter Assistant Fire Chief: Brandon Smith BPU General Manager: Dennis Hensel BPU Electric Dept. Supervisor: Jeffery Pond Jr. Planning Commission Members: Lindley Pryor, Tina Becker Youth Bureau Director: Markie Phillips Grant Administrator: Jay Bartoszek Mayor Magiera called the meeting to order at 7:00 PM. After the Pledge of Allegiance, Mayor Magiera asked for a moment of silence for the family of the individual that passed away in a recent fire. Moved by Smith and seconded by Reed: RESOLVED: That we hereby approve and dispense with the reading of the minutes of the last regular meeting of February 28, 2024 and the Special Meetings of January 22, 2024, January 29, 2024, February 1, 2024 and February 5, 2024. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Hill and seconded by Smith: RESOLVED: That we hereby accept the bids of Cory Brainard, Cattaraugus, NY for the 1977 Entye Paver in the amount of $1,250, 1997 FORD Dump truck in the amount of $2,200, 2007 FORD F350 Dump Truck in the amount of $3,000 and the 1996 FORD Backhoe in the amount of $800. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Hill and seconded by Johnson: RESOLVED: That we hereby confirm the appointment of Ronald Hoover, Salamanca, NY as DPW Part-time Laborer, effective March 11, 2024, at 30 hours per week with a wage of $17.20 per hour, according to the current DPW union contract. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None  REGULAR MEETING OF THE COMMON COUNCIL MARCH 13, 2024 PAGE TWO Moved by Smith and seconded by Johnson: RESOLVED: That we hereby approve the following appointments. SALAMANCA YOUTH BOARD Appointment of Susan Fiske, Salamanca, NY, to fill the unexpired term of Michael Smith, who resigned, beginning on March 14, 2024 and ending February 28, 2028 Appointment of Annamarie Rozler, Salamanca, NY, to a two year term as Youth Representative, beginning on March 14, 2024 and ending upon graduation in June 2025. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Koch and seconded by Reed: RESOLVED: That we hereby waive the agenda rule to consider other business. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Hill and seconded by Reed: RESOLVED: That we hereby approve the Individual Program Application to be submitted to the Cattaraugus County Youth Bureau/ New York State Office of Children and Family Services to run Youth Programs for the 2024 Program year, January 1, 2024 to December 31, 2024, and further authorizing the Mayor to sign such an application. Youth Bureau Director Markie Phillips noted that the funding amount is $8,900, which is down $3,000 from past years. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Moved by Reed and seconded by Hill: RESOLVED: That we hereby remove Kylee Hendershot as Dog Caretaker, effective immediately. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None  REGULAR MEETING OF THE COMMON COUNCIL MARCH 13, 2024 PAGE THREE Under Communications from the Mayor and Council:  Mayor Magiera reminded everyone Saturday, March 23 will be the Drive Thru Easter Event in the Youth Center parking lot. Youth Bureau Director Phillips noted that there will be more stops for the vehicles this year. In the past there have been approximately 200 youth participating. Moved by Smith and seconded by Hill: RESOLVED: That the bills be paid as warranted and recommended by the appropriate Commissions and/or Department Heads, the City Comptroller and City Clerk and that the report of the City Clerk, Fire Chief, Dog Control Officer and City Judge for the month of February 2024 is hereby accepted and filed. Vendor Vendor Name Payment Payment Number Number Date Amount 1392 ARMSTRONG BUSINESS SOLUTIONS 03/07/2024 260.40 2986 0778 BRADFORD PUBLISHING COMPANY 03/07/2024 732.48 2987 1357 BRI PARENT INC 03/07/2024 323.90 2988 0193 GALLS PARENT HOLDINGS, LLC 03/07/2024 143.98 2989 1209 HARLEY KETTLE 03/07/2024 324.99 2990 1205 HIGHMARK BCBSWNY (MEDICARE 286543) 03/07/2024 415.00 2991 1033 MAC TRUCK PARTS 03/07/2024 230.84 2992 1183 MONROE COMMUNITY COLLEGE 03/07/2024 517.00 2993 0958 RENAISSANCE LIFE & HEALTH 03/07/2024 273.87 2994 1046 SANDRA MAGIERA 03/07/2024 39.97 2995 0400 SENECA NATION OF INDIANS -LEASE PAYMENT 03/07/2024 683,506.85 2996 1069 TIM HAYNOSKI 03/07/2024 99.11 2997 0412 TOM STURDEVANT 03/07/2024 20.06 2998 0830 UPMC CHAUTAUQUA/STAFF DEVELOPMENT 03/07/2024 240.00 2999 0367 VERIZON WIRELESS 03/07/2024 1,051.33 3000 0080 CATTARAUGUS COUNTY CLERK 03/08/2024 3,772.00 3001 1393 PETRUZZI INSURANCE AGENCY 03/08/2024 2,126.30 3002 9004 CATTARAUGUS COUNTY DPW 03/13/2024 195.59 3003 0560 EMERLING FORD, INC 03/13/2024 491.63 3004 0193 GALLS PARENT HOLDINGS, LLC 03/13/2024 833.00 3005 1183 MONROE COMMUNITY COLLEGE 03/13/2024 906.25 3006 1023 RANDOLPH AUTO SUPPLY 03/13/2024 82.61 3007 0765 SEWING TECHNOLOGY UNIFORM INC 03/13/2024 627.69 3008 0300 SIRCHIE 03/13/2024 51.81 3009  REGULAR MEETING OF THE COMMON COUNCIL MARCH 13, 2024 PAGE FOUR 0499 TWIN TIERS OUTERWEAR 03/13/2024 348.50 3010 0017 ACME BUSINESS MACHINES 03/13/2024 115.14 3011 0382 AUTOZONE, INC. 03/13/2024 288.51 3012 0581 BOUND TREE MEDICAL, INC. 03/13/2024 625.42 3013 1194 DIVAL SAFETY & SUPPLIES FOR LIFE 03/13/2024 2,500.00 3014 0598 EAGLE RADIO TECHNOLOGIES 03/13/2024 4,439.38 3015 1361 FIREMATIC SUPPLY CO. INC. 03/13/2024 63.92 3016 0065 HULL ELECTRIC, INC 03/13/2024 526.66 3017 0742 MUNICIPAL EMERGENCY SVCS 03/13/2024 5,077.00 3018 1394 PRALINE, LLC 03/13/2024 3,000.00 3019 1023 RANDOLPH AUTO SUPPLY 03/13/2024 897.45 3020 0469 STRATE WELDING SUPPLY CO., INC. 03/13/2024 468.75 3021 0499 TWIN TIERS OUTERWEAR 03/13/2024 90.85 3022 0429 VALPRO SANITARY SUPPLIES, INC. 03/13/2024 180.90 3023 0540 WILLIAM SMITH 03/13/2024 375.11 3024 1048 WITMER PUBLIC SAFETY GROUP, INC 03/13/2024 165.00 3025 0098 WORTH W SMITH 03/13/2024 12.99 3026 0807 ZOLL MEDICAL CORPORATION 03/13/2024 930.00 3027 1238 AMAZON CAPITAL SERVICES 03/13/2024 41.09 3028 0601 ARMOR CONSTRUCTION, LLC. 03/13/2024 278.20 3029 1211 ASCENDANCE TRUCKS PENNSYLVANIA 03/13/2024 52.08 3030 0432 BEICHNER WASTE SERVICES, INC. 03/13/2024 165.54 3031 0055 BOYLE'S MOTOR SALES INC. 03/13/2024 81.39 3032 0900 DECKER TREE SERVICE 03/13/2024 3,300.00 3033 0560 EMERLING FORD, INC 03/13/2024 2,960.37 3034 0237 FASTENAL COMPANY 03/13/2024 413.90 3035 0164 GRAINGER 03/13/2024 282.26 3036 0175 JAMESTOWN SOAP & SOLVENT, INC. 03/13/2024 298.50 3037 0683 LANDPRO EQUIPMENT LLC 03/13/2024 113.06 3038 0248 NATIONAL FUEL 03/13/2024 62.34 3039 1023 RANDOLPH AUTO SUPPLY 03/13/2024 1,174.15 3040 0385 SOUTHERN TIER ELECTRIC SUPPLY INC 03/13/2024 207.58 3041 1081 SUPERIOR AUTO SUPPLY INC 03/13/2024 63.87 3042 0491 UNIFIRST CORPORATION 03/13/2024 907.24 3043 0429 VALPRO SANITARY SUPPLIES, INC. 03/13/2024 571.55 3044 0098 WORTH W SMITH 03/13/2024 198.13 3045 1238 AMAZON CAPITAL SERVICES 03/13/2024 2,039.49 3046 0218 CITY OF SALAMANCA BPU 03/13/2024 16,628.31 3047 0709 HODGSON RUSS, LLP 03/13/2024 15,963.50 3048 1105 JAMES B SCHWAB CO 03/13/2024 48.30 3049 1045 LAWLEY BENEFITS CONSULTING 03/13/2024 1,500.00 3050 1389 LYON MICRO, LLC 03/13/2024 8,040.28 3051  REGULAR MEETING OF THE COMMON COUNCIL MARCH 13, 2024 PAGE FIVE 1134 PROFESSIONAL AMBULANCE BILLING LLC 03/13/2024 3,194.81 3052 0931 RICOH USA (PO BOX 41564) 03/13/2024 104.63 3053 0370 STAPLES CREDIT PLAN 03/13/2024 549.99 3054 Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Public Discussion:  Resident Jeff Sherwood stated he is curious what is proposed to be built on a Center Street Lot. He has heard it may be a marijuana growing facility and concerned with the impact of the electric use. It was noted that Council will discuss this issue under work session. Moved by Koch and seconded by Reed: RESOLVED: That the Mayor and Council enter into a work session to discuss concerns with growing facilities to be located within the City. Adopted Ayes: Hill, Johnson, Smith, Reed, Koch Nays: None Council Member Koch noted at the last meeting there was discussion regarding electric and new marijuana growing businesses in the City. She read the following: “May I ask that we have as part of our meeting next week on March 13th an open section on the agenda to talk about the potential growing facilities. I would ask that our attorney be in person at the meeting also, along with code enforcement, planning commission, assessor, and BPU Manager and anyone else you think of. Here are my concerns just off the top of my head right now: They are being built right now and putting in a building permit request for storage garages. Why are they not going through the Planning Commission for all the proper procedures. What happens when they are built as "storage garages" then turn them into growing facilities. What happens with our PPA and electric when this all happens. Rumor is they are already being built on Rochester St, Elm St, Main St, and one coming on Center St What happens when they are up and running and they are not on designated "Agriculture" zoned areas. What are we doing with the weed shops in residential areas. We need to get a hold on this before it is too late. We at least need a public meeting on all this is my opinion and we need attorney input and guidance.  REGULAR MEETING OF THE COMMON COUNCIL MARCH 13, 2024 PAGE SIX I am all for business but we need to look at this all before it is too late. What is the least it could hurt, if it is all legitimate then great we get new businesses in the city with potential new community members and workers and people supporting other businesses. I just think we need a discussion sooner than later.” Council Member Koch stated she appreciates all for coming to the meeting. She has asked that the City Attorney attend the Council meeting on March 27, 2024 to provide information. She noted she in not against building in the City, however she would like everyone be required to following the same procedures. Assistant Fire Chief Brandon Smith answered some of Council Member Koch questions. He noted structures that are built on a property that has an existing structure do not require a site plan, it is simply an addition. He noted if a permit is submitted with a specific use and the use of the property is changed later, the attorney would need to determine if they should be fined. However, there would time and costs involved. They would be required to apply correctly and it would most likely be granted. BPU General Manager Dennis Hensel the electricians request a certain type of service that is provided by the BPU. He noted that the growing facilities will cause the annual low rate electric to be used up quickly and customers left to pay at a higher rate. When the facility uses over 300 kilowatts of electric they are charged a higher rate which was established in 2018 through the Public Service Commission (PSC). They have submitted a request to the PSC to include the marijuana growing in this category. There was discussion regarding the zoning use districts and what a marijuana growing facility would be allowed in. It was noted NYS has not given a definition for such facilities. Council Member Hill feels some issues with enforcing the code violations is due to process in court. Council Member Koch asked what the difference in fees would be. It was stated a permit to build a garage is $25 and to add a dispensary is roughly $350. She noted this is not fair to City and is no fault of the Code Enforcement Office. The Attorney needs to provide an opinion on how to handle these issues. She thanked everyone for coming. Code Enforcement Officer William Porter explained an issue with a building permit which he had to do a Stop Work Order and required engineer plans before construction could be completed.