HomeMy Public PortalAbout2021.10.27 STB Packet
SPECIAL TOWN BOARD MEETING
October 27, 2021
4:00 PM
AGENDA
10-26-2021
PLEDGE OF ALLEGIANCE
ROLL CALL
ITEMS FOR BOARD ACTION
10STB2021-1 Adopt a Resolution Approving the 2022 Preliminary Budget
10STB2021-2 Adopt a Resolution to Schedule a Public Hearing Pertaining to a Change of Use and Disposition
of the Pinegrove Recreation Center which had been Improved with Funds from the Community
Develop Block Grant (CDBG) Program
10STB2021-3 Adopt a Resolution Calling for a Public Hearing on a Proposed Local Law Opting Out of
Allowing Cannabis On-Site Consumption Licenses in the Town of Irondequoit
***PUBLIC HEARING FOR 2022 BUDGET…NOVEMBER 4, 2021 @ 7:35 PM***
***NEXT TOWN BOARD WORKSHOP…NOVEMBER 9, 2021 @ 4:00 PM***
***NEXT REGULAR TOWN BOARD MEETING…NOVEMBER 16, 2021 @ 7:00 PM***
***REGULAR TOWN BOARD MEETING TO ADOPT 2022 BUDGET…
NOVEMBER 16, 2021 @ 7:00 PM***
Resolution No. 2021 -
EXTRACT OF MINUTES OF MEETING OF TOWN BOARD ADOPTING A
RESOLUTION APPROVING THE 2022 PRELIMINARY BUDGET
At a special meeting of the Town Board of the Town of Irondequoit, Monroe County, New York
held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 27th day of
October 2021 at 4:00 P.M. local time: there were
PRESENT:
Patrina Freeman Town Board Member
John Perticone Town Board Member
Kimie Romeo Town Board Member
Peter Wehner Town Board Member
Harter Secrest & Emery LLP Attorney for the Town
Town Board Member _____________________ offered the following resolution and
moved its adoption:
WHEREAS, the Acting Town Supervisor of Irondequoit, on October 14, 2021, duly filed the
tentative budget for the fiscal year beginning January 1, 2022 with the Irondequoit Town Clerk;
and
WHEREAS, the Town Clerk of Irondequoit duly distributed the tentative budget to the Town
Board on October 14, 2021, and the tentative budget was considered, discussed, and reviewed at
subsequent departmental workshops; and
WHEREAS, the Acting Town Supervisor has incorporated all budgetary changes suggested at
and subsequent to the workshops, thereby generating the preliminary budget.
NOW, THEREFORE BE IT RESOLVED, that the Tentative Budget for the year 2022 as
amended by the “Amendments by the Town Board to the 2022 Tentative Budget” attached
hereto, is approved by the Town Board as the Preliminary Budget for the fiscal year beginning
January 1, 2022 for the Town of Irondequoit; and
IT IS FURTHER RESOLVED, that said preliminary budget shall be filed in the office of the
Town Clerk of the Town of Irondequoit and said Town Clerk is hereby authorized and directed to
reproduce copies of the same for public distribution.
This resolution shall take effect immediately upon its adoption.
Seconded by Town Board Member _____________________ and duly put to vote, which
resulted as follows:
Town Board Member Wehner voting __________
Town Board Member Freeman voting __________
Town Board Member Romeo voting __________
Town Board Member Perticone voting __________
EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING
A RESOLUTION TO SCHEDULE A PUBLIC HEARING PERTAINING TO
CHANGE OF USE AND DISPOSITION OF THE PINEGROVE RECREATION
CENTER WHICH HAD BEEN IMPROVED WITH FUNDS FROM THE
IRONDEQUOIT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
At a special meeting of the Town Board of the Town of Irondequoit, Monroe County, New
York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the 27h
Day of October 2021 at 4:00 P.M. local time: there were
PRESENT:
Patrina Freeman Town Board Member
John Perticone Town Board Member
Kimie Romeo Town Board Member
Peter Wehner Town Board Member
Harter Secrest & Emery LLP Attorney for the Town
Town Board Member _____________________offered the following resolution and
moved its adoption:
WHEREAS, the Town of Irondequoit is a Community Development Block Grant (CDBG)
entitlement community and has used CDBG funds in past years to improve the Pinegrove
Senior Recreation Center; and
WHEREAS, the Town intends to relocate senior services from the Pinegrove Recreation
Center to the Town’s new Community Center at Skyview and is in negotiations with the
Irondequoit School District to transfer ownership of the Pinegrove building; and
WHEREAS, the Pinegrove building is not expected to be utilized for CDBG-eligible
activities in the foreseeable future; and
WHEREAS, the Town seeks input from the public, and especially from seniors who will
be affected by the relocation of senior services, regarding the change of use and disposition
of the Pinegrove Senior Recreation Center.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board schedules a public
hearing to be held at the regular meeting of the Town Board on November 16, 2021 at 7:35
pm in the matter of the change of use and proposed disposition of the Pinegrove Senior
Recreation Center.
Seconded by the Town Board Member ______________________________ and duly put
to vote, which resulted as follows:
Town Board Member Wehner voting __________
Town Board Member Freeman voting __________
Town Board Member Romeo voting __________
Town Board Member Perticone voting __________
Resolution No. 2021- __________
EXTRACT OF MINUTES OF MEETING OF THE TOWN BOARD ADOPTING
A RESOLUTION CALLING FOR A PUBLIC HEARING ON A PROPOSED
LOCAL LAW OPTING OUT OF ALLOWING RETAIL DISPENSARY
LICENSES AND CANNABIS ON-SITE CONSUMPTION LICENSES IN THE
TOWN OF IRONDEQUOIT
At the special meeting of the Town Board of the Town of Irondequoit, Monroe County,
New York held at the Town Hall, 1280 Titus Avenue, in said Town of Irondequoit, on the
27th day of October, 2021, at 4:00 P.M. local time, there were
PRESENT:
Patrina Freeman Town Board Member
John Perticone Town Board Member
Kimie Romeo Town Board Member
Peter Wehner Town Board Member
Harter Secrest & Emery LLP Attorney for the Town
Town Board Member _____________________offered the following resolution and
moved its adoption:
WHEREAS, at a regular meeting of the Town Board, Town Board Member Romeo
introduced a proposed local law relating to opting out of allowing retail dispensary licenses
and/or cannabis on-site consumption licenses in the Town of Irondequoit, and the proposed
local law is attached hereto as Exhibit A; and
WHEREAS, on March 31, 2021, the State of New York enacted the Marihuana Regulation
and Taxation Act (the “Cannabis Law”), establishing the Cannabis Control Board and the
Office of Cannabis Management to, among other things, provide retail dispensary licenses
and/or on-site consumption licenses to businesses selling cannabis and/or allowing on-site
consumption of cannabis; and
WHEREAS, Section 131 of the Cannabis Law authorizes municipalities to adopt a local
law requesting the Cannabis Control Board to prohibit within the municipality the
establishment of retail dispensary licenses and/or on-site consumption licenses, provided
that such local law be subject to permissive referendum and adopted by December 31,
2021; and
WHEREAS, the Town Board wishes to receive public testimony concerning whether to
opt-out of retail dispensary licenses and/or on-site consumption licenses, and wishes to
conduct a public hearing with respect to both matters; and
WHEREAS, cannabis contains tetrahydrocannabinol (“THC”), a psychoactive chemical
that when consumed may cause impairment, degrading cognition and motor skills, and
therefore may impair a person’s ability to safely operate a motor vehicle; and
WHEREAS, the retail sale and on-site consumption of cannabis at businesses risks
concentrating cannabis use, increasing the risk of THC impaired driving and creating a risk
of motor vehicle and other accidents; and
WHEREAS, the retail sale and on-site consumption of cannabis at businesses risks other
negative effects, including public intoxication and increased visibility and availability of
cannabis to children and teenagers, who are uniquely susceptible to the negative effects of
THC and are at increased risk of depression, anxiety, and other effects; and
WHEREAS, recreational at-home adult use of cannabis will remain legal under the
Cannabis Law, and therefore disallowing retail sales of cannabis and on-site consumption
at businesses within the Town preserves the goals of the New York State Legislature in
enacting the Cannabis Law while minimizing the negative effects risked by on-site
consumption at local businesses; and
WHEREAS, the Town Board determines that it is in the best interests of the Town and its
residents to disallow retail sales of cannabis and on-site consumption licenses of cannabis
within the Town; and
WHEREAS, the Town Board determines that the matters contemplated herein, the calling
of a public hearing and potential adoption of a local law prohibiting on-site consumption
licenses within the Town, are not subject to the State Environmental Quality Review Act
(“SEQRA”) and accompanying regulations, see 6 N.Y.C.R.R. § 617.2 (b)(3), and therefore
the requirements of SEQRA have been satisfied.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby schedules a
public hearing on this matter on November 9, 2021 at 7:3_ p.m.
AND, THEREFORE, BE IT FURTHER RESOLVED, that the Town Clerk shall give
notice of the hearing by publishing a notice in the Town Newspaper specifying the time
when and the place where such hearing will be held, and in general terms describing the
proposed local law, such notice to be published once at least three days prior to the day
specified for such hearing.
This resolution shall take effect immediately upon its adoption.
Seconded by the Town Board Member ______________________________ and duly put
to vote, which resulted as follows:
Town Board Member Wehner voting _______
Town Board Member Perticone voting _______
Town Board Member Romeo voting _______
Town Board Member Freeman voting _______
EXHIBIT A
(PROPOSED LOCAL LAW)
LOCAL LAW NO. ___ OF 2021
OPTING OUT OF ALLOWING RETAIL DISPENSARY LICENSES AND
CANNABIS ON-SITE CONSUMPTION LICENSES IN THE TOWN OF
IRONDEQUOIT
Be it enacted by the Town Board of the Town of Irondequoit as follows:
Section 1. Legislative Purpose, Intent, and Findings
It is the intent of this local law to request the New York Cannabis Control Board to prohibit
the establishment of retail dispensary licenses and/or cannabis on-site consumption
licenses within the Town of Irondequoit, as set forth in Article Four of the New York
Marihuana Regulation and Taxation Act.
The Town Board finds that cannabis contains tetrahydrocannabinol (“THC”), a
psychoactive chemical that when consumed may cause impairment, degrading cognition
and motor skills, and therefore may impair a person’s ability to safely operate a motor
vehicle. The retail sale and on-site consumption of cannabis at businesses in the Town
risks concentrating cannabis use, increasing the risk of THC impaired driving and creating
a risk of motor vehicle and other accidents. Moreover, the retail sale of cannabis and on-
site consumption of cannabis at businesses in the Town risks other negative effects,
including public intoxication and increased visibility and availability of cannabis to
children and teenagers, who are uniquely susceptible to the negative effects of THC and
are at increased risk of depression, anxiety, and other effects. Moreover, recreational at-
home adult use cannabis will remain legal under the Cannabis Law, and therefore
disallowing retail sales of cannabis and on-site consumption at businesses within the Town
preserves the goals of the New York State Legislature in enacting the Cannabis Law while
minimizing the negative effects risked by on-site consumption at local businesses.
Therefore, it is in the best interests of the Town of Irondequoit and its residents to disallow
retail sales of cannabis within the Town and the on-site consumption of cannabis in
businesses within the Town.
Section 2. Authority
This local law is adopted pursuant to Section 131 of the New York Marihuana Regulation
and Taxation Act, which expressly authorizes the Town Board to adopt a local law
requesting the Cannabis Control Board to prohibit the establishment of retail dispensary
licenses and on-site cannabis consumption licenses within the Town and is subject to a
permissive referendum, the procedure of which is governed by Municipal Home Rule Law
Section 24.
Section 3. Local Opt-Out
The Town Board of the Town of Irondequoit hereby requests the Cannabis Control Board
to prohibit the establishment of retail dispensary licenses on-site cannabis consumption .
Section 4. Permissive Referendum/Referendum on Petition
This local law is subject to a permissive referendum/referendum on petition in accordance
with Section 131 of the New York Marihuana Regulation and Taxation Act and the
procedure outlined in Municipal Home Rule Law Section 24.
Section 5. Severability
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause,
provision, or phrase of the aforementioned sections, as declared by the valid judgment of
any court of competent jurisdiction to be unconstitutional, shall not affect the validity or
enforceability of any other section, subsection, paragraph, sentence, clause, provision, or
phrase, which shall remain in full force and effect.
Section 6. Effective Date
This local law shall be effective upon filing with the Secretary of State of New York, as
required by the Municipal Home Rule Law.