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SALAMANCA — Although no official action was needed, the Common Council Wednesday passed a resolution allowing cannabis sales in the city of Salamanca.
The resolution, which states the city “hereby declines to exercise its local opt-out option under Cannabis Law 131,” is effectively the council saying it chooses to allow sales when the only legal action required was to opt out of sales by Dec. 31.
During a public hearing held in October, a majority of those in attendance expressed the desire to allow sales in the city. When asked the council’s thoughts during the hearing, the four members present said they were in favor of it.
“If we don’t do anything it can automatically pass,” said councilwoman Janet Koch, D-Ward 5. “All four of us told the public that we would be voting on this one way or another on Nov. 10.”
Councilman John “Jack” Hill, D-Ward 1, who was not present for the public hearing, said he was confused as to why the council would vote on something they don’t need to vote on to allow to happen.
“I wish I could have been here for that meeting,” he said. “I’m sorry I missed it because I would have liked to hear the comments myself. Even though you said that you didn’t know you didn’t need to vote on it.”
As part of the resolution, the council will also not request that the cannabis control board prohibit the establishment of cannabis dispensary licenses or on-site consumption licenses within the jurisdiction of the city. The resolution also states that the licenses and sales within the jurisdiction of the city must comply with the Cannabis Law and any local laws or regulations adopted by the council.
“I would like to see us man-up to what we told our public, that we would vote to allow it to happen so we solve it and it’s done before Dec. 31,” Koch explained.
Although the four members who said they would vote in favor of it did so, Hill ultimately voted against the resolution, saying he wished he’d had more time to talk to the city attorney beforehand.
“I don’t think it’s necessary if the lawyer says it isn’t,” he added.
IN OTHER BUSINESS, the council approved the sublease by the Cattaraugus County Living Arts Association of 12 Main St. in the Ray Evans Seneca Theater, which is owned by the city, to John Miller be extended for five years. Miller recently opened a barbershop in the space and requested an extension to the sublease in order to apply for a loan for more equipment, according to Mayor Sandy Magiera.
The council also approved the Minority and Women Owned Business Enterprises Policy Statement and the Americans With Disabilities Act Policy to include the Grievance Procedure. Grant administrator Sandi Brundage said the city had to approve the policies in order to receive funding from the Community Development Block Grant program.
“When we were researching these, the last time they were updated is 1993 so it’s probably time,” Brundage said. “It’s not new, it’s just been 20 years or more since we had to update our policies.”
The council authorized the sale of 143 River St. to Robert and Jamie Kennedy for $500. With a tax auction for city-owned properties expected to take place in the new year, Koch wondered why the city would sell the property now when it could be sold for more at the auction.
Hill, in whose ward the property lies, said the house went up for auction before and was not sold because the winning bidder withdrew. Because the property went up for auction, the property could legally be sold to another interested party at any time.
“Because (Kennedy) is the adjacent property owner, my opinion is he can get the house,” Hill said. “We’ve done this in the past with empty lots and houses.”
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