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Board of Trustees

Regular Meeting

Scarsdale, NY · October 26, 2021

Agenda

Agenda

MEETING NOTICE Village of Scarsdale A Work Session of the Scarsdale Village Board of Trustees is scheduled for Tuesday, October 26, 2021 at 6:00 PM. The meeting will be held in Village Hall and via Zoom video conferencing service. Members of the public wishing to participate in the meeting can do so via online link at https://zoom.us/j/93183703358, or call into the meeting using 1-929-436-2866 and entering the Meeting ID 931 8370 3358.* Agenda 1. Marijuana Legislation 2. Smoking Local Law CS: 10-21-21 E-MAIL: Journal News (Lohud) Scarsdale 10583 Scarsdale Hamlet Hub Scarsdale Inquirer The Daily Scarsdale cc: Lobby Bulletin Board *For a brief Zoom tutorial or to troubleshoot a problem, see here: https://support.zoom.us/hc/en- us/articles/205566129-Raise-Hand-In-Webinar. For other user questions, please visit the Zoom Help Center: https://support.zoom.us/hc/en-us. Village of Scarsdale Marijuana Legislation by municipality 21-Oct-21 Municipality Contact Opt out Comments Villages Ardsley Ann Marie Rocco Opt out (07/06/2021) The Briarcliff Board of Trustees has scheduled a public hearing for 11/09/21 on a draft law that would provide an No decision (Opt -out- on-site opt-out as to on-site cannabis establishments (lounges) but Briarcliff Manor Dan Pozin consumption- 11/09/2021) not retail dispensaries. Bronxville Jim Palmer Opt out (07/22/2021) Buchanan Marcus Serrano No decision Opt out (on-site consumption) Croton on Hudson Bryan Healy 09/20/2021 Dobbs Ferry Richard Leins No decision Elmsford Fran LeFevre Opt out (08/09/2021) Hastings on Hudson Anthony No decision The Irvington Village Board will consider a local law to Irvington Larry Schopfer No decision (Opt-out 11-01-2021) opt-out on November 1, 2021. Larchmont Justin Datino Opt out (07/19/2021) The Mamaroneck Village Board will consider a local law Mamaroneck Dan Sarnoff No decision ( Opt-out - 10-25-2021) to opt -out on October 25, 2021. Mount Kisco Lisette Hernandez Opt out (07/12/2021) Opt out (on-site consumption) Ossining Karen D'Attore 09/01/2021 Pelham Manor Mary Alice Opt out (09/27/2021) The Pelham Village Board will consider a local law to opt - Pelham Cara Farrell No decision (Opt -out- 10/26/2021) out on October 26, 2021. The Pleasantville Village Board will host a public forum Pleasantville Alyssa No decision later in the fall. The Village of Port Chester has convened a committee to Port Chester No decision provide a recommendation. Rye Brook Alex Marshall Opt out (09/14/2021) Sleepy Hollow Anthony Giaccio No decision The Village of Tarrytown is investigating permit process Tarrytown Josh Ringel No opt out procedures. The Village of Tuchahoe set, opened, held over a public heaing on September 14th and plans to hold the meeting Tuckahoe David Burke No decision through November. indicates decision is pending. Village of Scarsdale Marijuana Legislation by municipality 21-Oct-21 Municipality Contact Opt out Comments Towns Canandaiga Douglas E. Finch Opt out (07/19/2021) Bedford Tanya Holt No decision Cortlandt Claudia No decision Eastchester Dawn Donovan Opt out (06/15/2021) Garrett Duquesne, Greenburgh will hold a public forum in the upcoming Greenburgh AICP No decision months. Harrison Jackie Greer No decision Lewisboro Janet Donohue Opt out (07/12/2021) The Town Board of Mamaroneck is planning to have a Mamaroneck Meredith Robson No decision public discussion in September. The Town Board of Mt. Pleseant is currently discussing Mount Pleasant Amanda Jasilli No decision MRTA. New Castle (includes hamlet of Chappaqua) Jill Shapiro Opt out The Town Board opted out due to the uncertainity of the effects of dispensaries and on site consumption businesses on the community. The Board did not believe that the potential revenue would have a large impact on the budget. The Board also believed that they could always opt in at a North Castle Kevin Hay Opt out later date. North Salem Maria Hlushko Opt out (06/22/2021) Opt out (on site consumption) Ossining Victoria Cafarelli 09/14/2021 Pelham Antoinette Clemente No decision Pound Ridge Erin Trostle No decision Scarsdale No decision Somers Patricia Kalba Opt out (June 10, 2021) Yorktown Article Opt out (July 13, 2021) Village of Scarsdale Marijuana Legislation by municipality 21-Oct-21 Municipality Contact Opt out Comments Cities Canandaigua John D. Goodwin Opt out (onsite consumption) Mount Vernon William Holmes No decision The City of New Rochelle will not opt out. The City is investigating local regulations for the opening of retail cannabis shops- further discussions will be conducted in New Rochelle Chuck Strome No opt out September. The City of Peekskill has distributed an online survey to the community. There have been 900 responses which trend 65-70% AGAINST opting out. The Council supports participation in MRTA, which has been stated in political Peekskill Andy Stewart No decision debates, however no decision has been made. Rye Opt out (09/ 22/ 2021) White Plains Tom Roach No opt out The City of White Plains will not opt out. Yonkers Teresa No decision DRAFT: 10/21/21 INTRODUCTORY LOCAL LAW # ____ OF 2021 A LOCAL LAW CREATING CHAPTER 252 OF THE SCARSDALE VILLAGE CODE ENTITLED “SMOKING” BE IT ENACTED by the Board of Trustees of the Village of Scarsdale as follows: Section 1: Purpose and Intent: The Board of Trustees finds that it is necessary to provide a smoke-free environment for members of the public using Village facilities or land and for Village employees in accordance with section 1399-o of the Public Health Law of New York State, while helping to protect air quality. Section 2: The Village Code of the Village of Scarsdale is hereby amended to add a new Chapter 252 entitled “Smoking” to read as follows: “§ 252-1. Definition. The words and phrases set forth below have the following meanings when used in this chapter: SMOKING The burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco, or cannabis or cannabinoid hemp as such terms are defined in section 3 of the New York State Cannabis Law, including the use of an electronic smoking device that delivers vapor which is inhaled by an individual user, and shall include any refill, cartridge and any other component of such a device, or any electronic nicotine delivery system (NDS). § 252-2. Restrictions. A. The following shall be a violation of this chapter: (1) Smoking within any building or structure, including any main entrance to such facilities, owned, and controlled by the Village of Scarsdale. (2) Smoking anywhere within the confines of the Village of Scarsdale Swimming Pool Complex or on any playfield, playground, park, or parking lot owned or operated by the Village of Scarsdale. (3) Smoking within any vehicle owned by the Village of Scarsdale. {01173729.docx.2} ‐ 1 ‐ DRAFT: 10/21/21 (4) Smoking upon any street or sidewalk owned by the Village of Scarsdale and located within the Village Center Area District as defined in section 310-12 of this Code, or upon any street or sidewalk owned by the Village of Scarsdale and located within the Village’s Business A, Business C, and Buffer Parking zones. B. Smoking indoors in the Village of Scarsdale shall be governed by the Article 13-E of the New York State Public Health Law, which is also known as the Clean Indoor Air. § 252-3. Penalties for offenses. Each violation of § 252-2 shall be a violation punishable by a fine of not more than $100.00. The penalty provided in this section shall be in lieu of all other penalties prescribed in this Code. § 252-6. Other applicable laws. This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws, rules or regulations.” Section 3. Severability. The invalidity of any word, section, clause, paragraph, sentence, part or provision of this local law shall not affect the validity of any part of this local law which can be given effect without such valid part or parts. Section 4: Effective Date. This Local Law shall take effect immediately upon filing with the Secretary of State. {01173729.docx.2} ‐ 2 ‐

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