Garbage solutions and new agreements

Public hearing set to opt out of cannabis legislation

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Earlier this week, the Village of Patchogue set a public hearing for Sept. 27 to opt out of cannabis legislation for both the retail cannabis dispensaries and on-site consumption establishments.

The board also requested approval to set a public hearing to amend the Village Code to prohibit the smoking of cannabis, tobacco and similar substances on village property and other locations.

The village, according to village attorney Brian Egan, has until Dec. 2021 to opt out, but can opt back in at any later date. The legislation is not to regulate consumption, but rather, he explained, to impose a law on the sale and use within the village business district.

In accordance with the Marijuana Regulation & Taxation Act (MRTA), adult (21 years or older) marijuana use or possession is now legal in New York State. All municipalities, according to NYS, are not permitted to prohibit the operation or licensure of adult-use, medical or cannabinoid hemp licenses. Though, they are permitted to pass laws and regulations to govern the time, place and manner of the retail dispensaries.

To opt out of cannabis retail dispensaries or on-site consumption licenses, a municipality must pass a local law by Dec. 31, 2021. If a municipality does not opt-out by Dec. 31, 2021, it will be unable to opt-out at a future date. However, a municipality may opt back in, to allow either or both uses by repealing the local law which established the prohibition, reads the New York State website.

The village board also requested approval to amend the code to authorize the Town of Brookhaven fire marshal to issue appearance tickets for violations of the Village Code. The approval will allow Town of Brookhaven fire marshals to issue violations and assist village staff in investigations.

Egan explained, “This cross-designation of the town fire marshal supplements the village’s already excellent professional staff and allows us to access the town’s fire marshals and high-level expertise when needed with village incidents.  We appreciate the town’s cooperation in allowing the village to call on the town’s fire marshals when their assistance is needed.” 

At the meeting, Egan discussed the shared services component of the arrangement with the town, and the assistance will be on an as-needed/on-call basis, which will save personnel costs.

Lastly, the board agreed to enter into an agreement for the public waste collection service in the downtown. The village has now retained special counsel to develop a map and plan for the development of a commercial waste district. Next week, officials said, they will be meeting with a company to review the district and begin planning for alternative waste collection.

“It’s a serious issue behind the restaurants,” mayor Paul Pontieri said, explaining the garbage concerns behind Oak and Terry streets. “People just come in and dump stuff there… couches, tables, chairs. This is about getting it under control.”

The goal will be to consolidate the commercial collection district and eventually rework the way the garbage is collected. 

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