Village of Akron sets Public Hearing on Cannabis option
Akron Village Board members set a public hearing on a local law to opt out of allowing cannabis retail dispensaries and on-site consumption sites as authorized under Cannabis Law Article 4, for December 6 at 7:30 p.m. in the Akron Village Hall, Main Street, Akron during their meeting Monday night.
The purpose of this local law is to opt out of allowing cannabis retail dispensaries and on-site cannabis consumption sites in the Village of Akron that would otherwise be allowed under Cannabis Law Article 4
Cities, towns, and villages can opt-out of allowing adult-use cannabis retail dispensaries or on-site consumption licenses from locating within their jurisdictions. Municipalities cannot opt-out of adult-use legalization. Adult-use cannabis possession and use by adults 21 years of age or older in accordance with the Marijuana Regulation & Taxation Act (MRTA), is legal in New York State.
To opt-out of allowing adult-use cannabis retail dispensaries or on-site consumption licenses, a municipality must pass a local law by December 31, 2021 or nine months after the effective date of the legislation. If a municipality does not opt-out by December 31, 2021, the municipality will be unable to opt-out at a future date. However, a municipality may opt back in, to allow either, or both, adult-use retail dispensary or on-site consumption license types by repealing the local law which established the prohibition.
All local laws passed by municipalities opting out of allowing adult-use retail dispensaries or on-site consumption licenses are subject to a permissive referendum.
Currently there is a local excise tax imposed on the sale of cannabis products from a retail dispensary to a cannabis consumer at 4 percent of the products price. This tax is distributed to local governments based on where the retail dispensary is located. 25 percent of the tax revenue goes to the county and 75 percent goes to the cities, town, or villages within the county as a proportion of cannabis sales.
Village Clerk Jayne DeTine told Board members that she has learned through her professional association that many villages are opting out until more information is available as to regulations and requirements of allowing the dispensaries. She indicated the information is not adequate at this time. Board members also received a summary of other area public hearings on the opt out issue from Akron Chamber of Commerce Secretary Jacob Halleck. Those speaking at Williamsville’s public hearing were somewhat evenly split in wanting to opt out or opt in. Clarence held a public hearing on Wednesday night, November 3.
Splash Pad
Village Board members authorized a payment of ten percent of the Splash Pad cost to Vortex Aquatic Structures International in the amount of $8,912.88 to lock in the price for the pad as well as a place on next year’s installation schedule. The Board has not decided on the location of the pad, continuing to consider possible Russell Park and Eckerson Ave. sites. It is expected that much of the $89,128.80 cost will be covered through donations from local civic organizations.
Also approved was the creation of a Splash Pad Capital Project Account.
Participation in Government
Akron Central Participation in Government students attending Monday’s Village Board meeting received an opportunity for a more in-depth understanding of local government than usually available, during their required observation of a government meeting. Retired Village Attorney Don Shonn shared information about how the village board does its work prior to the meeting and asked the Board members questions later in the meeting to provide students additional information on how decisions are made, why the board was able to hold pricing on the splash pad but were looking at increased costs in the update of the wastewater treatment plant due to pass through costs for steel used in the project. Wording of contracts and the need to allow some flexibility for unknown costs were included in their explanations.
Students also received an overview of the Open Meetings Law which seeks to keep the work of government transparent and accessible to the public. Village Attorney Andrew Borden shared that there are a limited number of reasons a Board can meet in executive session (meet without the public present).
Those eight reasons are: (1) matters which will imperil the public safety if disclosed; (2) any matter which may disclose the identity of a law enforcement agency or informer; (3) information relating to current or future investigation or prosecution of a criminal offense which would imperil effective law enforcement if disclosed; (4) discussions regarding proposed, pending or current litigation; (5) collective negotiations pursuant to Article 14 of the Civil Service Law (the Taylor Law); (6) the medical, financial, credit or employment history of a particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of a particular person or corporation; (7) the preparation, grading or administration of examinations; and (8) the proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities held by such public body, but only when publicity would substantially affect the value thereof. These are the only subjects that may be discussed behind closed doors; all other deliberations must be conducted during open meetings. A public body can never vote to appropriate public monies during a closed session.
Trustee Peter Forrestel shared that village committees only have two board members on them so they do not have a quorum (which for the Village of Akron is three), and committee reports come to the entire board for discussion and action.
American Rescue Plan funds
The Board continues to wait for more definitive guidelines for the appropriate use of American Rescue Plan funds. DeTine shared that Covid-related expenditures may include parks and clean water, but that currently there are no clear instructions.
Building Permits
Building permits were approved for a driveway at 58 Parkview Dr., a roof at 18 Marshall Ave., a driveway at 63 Marshall Ave., a driveway – commercial at 27 Jackson St., a sign at 62 Main St., and a garage at 11 Colony Place.