[0:00] sponsor for confirmation

[0:02] oh my goodness

[0:06] it's got to be a very difficult position

[0:14] privatizing and unfortunately

[0:17] it might it might run a little better

[0:21] our veterans might get the support that

[0:23] they need

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[1:14] foreign

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[2:06] thank you

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[2:26] foreign

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[3:50] foreign

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[4:40] foreign

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[4:59] foreign

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[5:47] thank you

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[6:10] foreign

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[7:05] foreign

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[8:00] thank you

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[8:04] thank you

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[8:54] thank you

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[9:22] foreign

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[9:58] Ferrari

[10:08] thank you madam president city council

[10:10] mayor I have emailed you uh these copies

[10:14] of what I put on up Frontier I figured

[10:16] you guys would like a hard copy and what

[10:18] do you put together here is the

[10:20] organization of the project a

[10:22] description of the project the amount

[10:24] that was appropriated that the

[10:27] appropriation date and any contingencies

[10:30] or or your progress as we go along

[10:33] as you can see uh you know uh we are

[10:38] making progress every week we're getting

[10:40] closer and closer to contracts every

[10:41] week uh you know we're working with seat

[10:44] now we're very close uh we're with the

[10:47] uh the Schenectady Foundation you know

[10:51] it's any day now so every time we're

[10:53] getting closer and closer uh making

[10:55] contact uh one of the things of the

[10:57] Hamilton Art Studio they did get their

[11:00] commitment as far as we know and we're

[11:02] great at the process we're going to be

[11:04] getting ready to go out to bid for that

[11:06] we're still working to move a bit with

[11:09] the the Miracle on Craig Street Craig

[11:13] Street uh you know we're almost we're

[11:15] going to meet sometime this week or next

[11:17] week we're going to try to get all the

[11:19] plans together so we can go out to bed

[11:21] just to see where we are with that uh

[11:23] one of the things I wanted uh two of the

[11:25] things I want to bring up one of them

[11:26] was uh uh we had a very close to running

[11:31] contract or Proctors and what we're

[11:32] doing with Proctors Theater is that what

[11:35] we saw was that as we've gotten all the

[11:38] paperwork I asked them like oh you know

[11:39] just let me see uh your your uh

[11:42] expenses that you're going to submit so

[11:45] I want to make sure they seem to be

[11:46] valid and what well what I found and I

[11:50] wanted to bring it up to uh to the

[11:52] council was that uh the work that was

[11:55] done in which they did do the handless

[11:57] bosses the toilets and the air handles

[11:59] uh that was all done and paid for before

[12:02] they even

[12:03] sent the application out for Arbor so

[12:06] you know they were granted that so I was

[12:10] uh we were preparing a contract and I

[12:12] was talking with our attorney that says

[12:14] geez will we have to make the contract

[12:16] go back a year earlier to 2021 or

[12:20] actually uh you know they applied in in

[12:23] December 21 and they didn't get funded

[12:25] until actually August of 22 but the work

[12:28] was not in August and September of 21.

[12:31] so that was one of the things that uh

[12:34] wanted to find out I did ask them if

[12:36] they had other expenses at least after

[12:39] December at least after the application

[12:41] so as of yet to have uh provide anything

[12:44] back but I just wanted to bring this out

[12:46] to the council I don't know how you all

[12:48] guys want to handle that or whatever

[12:51] and the decision you got to make uh and

[12:54] of course in the paper today there was

[12:56] another uh article about the Aquatic

[12:59] Center uh I guess they are it's a

[13:01] definite move to Rotterdam

[13:04] but uh I guess they still feel that we

[13:07] should

[13:08] uh give them the appropriation so I

[13:11] don't that's a something maybe you guys

[13:13] are going to have to discuss among you

[13:14] to see uh if you're going to follow

[13:16] through on that if you're not uh you

[13:18] know what we're gonna what we're gonna

[13:19] do with the uh the funds

[13:22] as we get it back uh as I'm looking

[13:25] through here and that as you can look

[13:27] through and think for contingency

[13:28] there's some of them that it doesn't

[13:30] look like that's ever going to happen

[13:31] but uh the YWCA again 21 million for

[13:34] that one thing I don't think that's

[13:35] going to happen I don't think the cocoa

[13:37] house game the fight 3.5 million for for

[13:40] their things you know I'm this is I

[13:43] didn't speak to them as of yet but I'm

[13:45] just saying it doesn't look like within

[13:47] the next couple of months

[13:49] for August actually one more month right

[13:52] August and September uh that they're

[13:54] going to be able to get those funds so

[13:56] uh I just want to bring this out to let

[13:59] you guys know because there's probably

[14:00] something that has to come up to the

[14:01] table uh probably gonna this need

[14:04] further discussion and also uh what

[14:06] we're going to do when we get this money

[14:09] back of course I have a lot of ideas but

[14:13] it's really uh up to you guys right

[14:17] uh I'll take any questions uh that I can

[14:20] answer if you haven't

[14:24] so could you clarify again about the

[14:26] Proctors project so they did the work

[14:29] before they put in the Grant application

[14:30] correct so that I'm just they did the

[14:33] work and they paid for it before that

[14:35] before 2021 one they applied to December

[14:39] 2021 they paid for everything as of

[14:42] September of 21.

[14:46] we're reimbursing them for the project

[14:48] is what did we know that when we I

[14:51] looked at the application I I they had

[14:54] told me they spoke to someone here and

[14:56] they said they said it was okay but they

[14:58] didn't give me a name so I I really know

[15:00] how that goes right as you know through

[15:02] my experience it's probably something

[15:03] they would just say you know but uh

[15:07] yeah

[15:10] Finance commissioner do you have a

[15:11] recommendation with respect to how we

[15:13] should proceed with that well yeah I

[15:15] have a Bicester I have a biased

[15:17] presentation only because I'm trying to

[15:19] avoid Proctors but

[15:21] you know it's for me I think it's a

[15:24] difficult difficult decision I think

[15:26] it's something like I said that's why it

[15:27] has to be brought up to you guys uh you

[15:30] know you can tell me which way to go uh

[15:31] I I I think it's it's in the realm that

[15:34] we can do that we'll just have to make

[15:36] their contract

[15:38] reflect that you know like their

[15:40] contract would have to go back to August

[15:42] of 2021. I mean can we do that Chris

[15:45] uh we would have to do something a

[15:47] little different to accommodate for this

[15:49] particular yeah if you would do that and

[15:51] that's not a that's it's something that

[15:53] you know that has to be thought out

[15:55] this is more of a reimbursement based uh

[15:58] so it's going to be a different type

[15:59] yeah it's different

[16:02] please what did their applications say

[16:04] they were going to do does that clear in

[16:06] the application

[16:07] with their application what they said

[16:10] application would they do that's what

[16:11] they actually did they got the handless

[16:13] uh

[16:14] handless faucets they got the handless

[16:17] toilets they got the air dryers they got

[16:19] all that stuff but they never said but

[16:21] we already did all this and we've

[16:22] already paid for all this stuff you know

[16:24] like I said I have to read it again you

[16:26] know I'm not I'm I look at the numbers

[16:28] more than that you know we did this

[16:31] already or or the wording as much as

[16:33] maybe maybe an attorney to look at it

[16:35] closer but I will review it again this

[16:37] is something I brought up that I thought

[16:39] was a little different you know I go

[16:41] look I caught on this one

[16:43] yeah could you get more information on

[16:46] that absolutely you know if it's paid

[16:49] for it before they even submitted it was

[16:51] it a double Grant are they double trying

[16:54] to get two pieces of the pot so that's

[16:57] important for us absolutely and I'll

[17:00] keep in mind I'm in contact with them

[17:02] you know just move along but I just

[17:04] wanted to let you know this as moving I

[17:07] don't watch but here from I don't know

[17:09] if anything else you know

[17:12] last cycle you mentioned about the

[17:14] Aquatic Center we can't fund any

[17:15] projects outside of the city is that the

[17:18] same today

[17:19] but they can't find nothing outside of

[17:21] the city they're using the answers well

[17:23] again because it's snatching it's not a

[17:26] city project you know I can we

[17:29] I there's so much ways around everything

[17:31] you know I I don't think it's I I you

[17:35] know according according to what our

[17:37] proposals was it has this has to be in

[17:40] the city yeah that's the way we wrote it

[17:42] up to be you know City projects you know

[17:48] about the YWCA yeah

[17:51] um

[17:52] you said that they don't they're yeah

[17:57] one one we already have a contract here

[17:59] in front of them the second one where uh

[18:02] let me just find them uh the YMCA the

[18:06] second one

[18:09] where they have a contingency of getting

[18:11] a grants of 20 21. something million

[18:15] dollars yeah

[18:19] thank you

[18:21] requires additional commitments of 21.25

[18:25] million dollars by September uh

[18:27] September 22nd that is for the Harbor

[18:30] House

[18:33] YW project was originally put in is

[18:36] what's classified as a nine percent tax

[18:39] Senate deal those are highly competitive

[18:43] we're given one award to go for the

[18:46] project on Crane Street I still believe

[18:49] that deals very viable but it should be

[18:53] structured probably at a four percent

[18:56] uh text deal which is not a competitive

[19:01] program but it's a negotiated package so

[19:05] that

[19:07] you put that together and still make

[19:09] that happen

[19:10] I'm not sure it would all come together

[19:13] by the end of

[19:15] this timeline September

[19:18] you have something the framework in

[19:20] place that wouldn't again serve their

[19:23] needs and I believe the state is

[19:26] sympathetic to

[19:29] that project of making it go forward in

[19:32] some fashion but just the financing is

[19:34] going to have to be restructured and

[19:37] amen President we can sit down and talk

[19:40] in the near future about some of those

[19:41] options and how it's best to

[19:45] structure the financing to make it

[19:47] happen

[19:49] okay any other questions

[19:52] I have a question on

[19:55] if the youth baseball utilization it says

[20:01] that the work has been started on

[20:03] Michigan Avenue Fields yes we are just

[20:06] one on Michigan Avenue we got the bid

[20:07] for the wall Chris is not here today but

[20:09] we got the uh bid in so we're going to

[20:13] put in the wall that we're going to do

[20:14] the infill bill to put where they're

[20:16] going to put the picnic tables and stuff

[20:18] on that so that's that is and started

[20:20] you know a lot of the work's already

[20:22] been done because we were there for

[20:24] but some of the works have been done

[20:26] yeah but this this is the big stuff now

[20:28] you know that was the best to clean up a

[20:30] little stuff okay and so what about the

[20:33] Oregon Avenue part of this is so how

[20:35] much has it been spent and will there be

[20:37] any money left to do that part of it it

[20:39] says Oregon Avenue and Michigan Avenue

[20:41] yeah I have not received anything on the

[20:44] organ at Oregon Oregon Avenue uh Park as

[20:47] far as I know uh like again Chris Wallen

[20:49] is handling that I think he's not here

[20:51] tonight he did not mention organizing

[20:53] for me when we were discussing these

[20:55] things so okay no I noticed that was

[20:57] it's written in there as part of it but

[20:59] it doesn't say it's happening it's

[21:00] happening over here

[21:04] any other questions

[21:09] so I know that previously you're saying

[21:12] that you have some trouble contacting

[21:14] certain you know people or certain

[21:16] agencies

[21:18] um is there any uh agencies that you're

[21:20] still just having issues with you know

[21:23] even getting in contact with a sports

[21:25] conversation the Kiwanis Club I seem not

[21:27] to be able to get a hold of them too

[21:29] well the finance club uh

[21:31] and uh what's the other one uh

[21:42] Craig street but I did finally get a

[21:44] hold of somebody over there so I got

[21:46] that going uh working around with the

[21:49] Empowerment Center so that you know

[21:50] breaking through with that uh uh uh

[21:53] what's the what is uh the pastor at

[21:56] cocoa house and I you know we just got

[21:58] contact with him

[21:59] so so we were starting to make way

[22:01] things going aggressive yeah yeah

[22:03] because you were here talking on TV

[22:05] they're hearing me to contacted me yeah

[22:07] so uh guys from kiwanises and stuff like

[22:10] that if you hear me call me we gotta get

[22:13] those picnic tables done before the end

[22:14] of summer

[22:24] oh yeah I think that's going to be great

[22:26] yeah yeah that's something we're going

[22:27] to start doing uh and we're going to

[22:29] start processing the letters and have a

[22:30] lot of partnership approving before we

[22:32] send them out okay and they're gonna be

[22:35] very nice yeah okay

[22:38] all right

[22:39] so um thanks

[22:41] everybody's okay yes so um the next well

[22:45] I'll send an email about we can have the

[22:46] next time so we'll kind of have a grasp

[22:48] on yeah that's what we're doing you know

[22:50] we're as you as we're going with this

[22:51] process you know uh you know Christian

[22:53] and the Maurice they're doing a great

[22:55] job they're really pushing uh at

[22:56] everything too then we're getting things

[22:58] done you know all right all right all

[23:00] right thank you well thank you sir

[23:02] would you like to have it back in two

[23:04] weeks sure okay thank you any other

[23:08] business support Finance motion to

[23:11] return all in favor uh thank you I'd

[23:14] like to call to order City development

[23:16] and planning we have four items on the

[23:18] agenda uh the first item is authorized

[23:21] the abandonment and sale proportion of

[23:22] large Street it has Mr Walling but okay

[23:26] this one has someone here to represent

[23:29] him

[23:31] uh

[23:40] all right so large street is located

[23:42] between 633 and 651 Lansing Lansing

[23:46] Street it's a small Dead End Street uh

[23:50] this street also serves no current

[23:53] greater benefit to the public the

[23:55] abandonment and sale of this property uh

[23:58] should not detriment the city in any way

[23:59] conversely the sale will help Foster

[24:02] maintenance of the land and his current

[24:04] that is currently being neglected as

[24:07] such there was a public hearing held on

[24:08] Monday April 24th 2023 at 7 pm in order

[24:12] to receive public comments and related

[24:14] to the abandonment you did not receive

[24:16] any comments so we are requesting

[24:19] authorization to abandon and the sale of

[24:24] the portion of large Street and we also

[24:27] provided just three Maps so you can see

[24:29] that tile that's outlined so the first

[24:32] map shows the full Street as it would be

[24:35] parceled out and then the second map

[24:38] shows what the new property

[24:41] um for the adjacent neighbor on the left

[24:43] would be outlined and then the new

[24:45] parcel for the property on the right

[24:48] side and how that would be lined up any

[24:50] questions

[24:59] thank you Mr Brown

[25:02] so the next item on the agenda is

[25:04] discussion of zoning the candidate shop

[25:07] of a moratorium

[25:09] um smoke shops

[25:12] you'll see the um the legislative uh

[25:14] requests in your packet so um you just

[25:18] need to read through it but part of the

[25:20] reason we talked about this kind of in

[25:22] January when we were talking about

[25:24] um

[25:24] abuse for various stores and none of

[25:28] that came when came to the legislation

[25:32] that was being done by the Law

[25:34] Department that we all got back in

[25:35] January and cannabis was a part of that

[25:37] and in addition to that there was a list

[25:40] that was generated of they were called

[25:42] kind of convenience stores but it was a

[25:44] list of 28

[25:45] um stores and if you if you recall

[25:47] almost all of them had the name smoke

[25:49] shop in the

[25:51] um in the name of it and that was

[25:53] generated in January so how many have

[25:55] happened in the last six months not

[25:57] really sure

[25:58] um given the fact that they are fully

[26:00] funded now to do the um the current

[26:03] operators which is the conditional use

[26:06] the social justice part of it which

[26:08] initially was going to only be 150 now

[26:10] they've gone into 300 and and so as you

[26:13] can see in the legislative request the

[26:16] um that's the dormitory Authority is

[26:19] really talking about pushing out and

[26:20] really getting more of these open so in

[26:23] light of that I asked Mr Mari if we

[26:26] could maybe talk about it because we

[26:28] want to be prepared to be able to have a

[26:31] Zone where these can cannot happen in

[26:33] the city of Schenectady when we

[26:35] initially talked about it about passing

[26:37] it

[26:38] um

[26:39] that we were talking about first it

[26:42] didn't happen like that so we're at a

[26:44] point where we do currently have one

[26:45] that's open that has drawn some concerns

[26:48] from the community so going forward it

[26:51] would anticipate there will be others so

[26:53] we really want to make sure that we have

[26:54] some zoning in place

[26:56] um to to take care of that so that

[26:58] people know where they can and cannot

[26:59] have it and part of our discussion also

[27:02] um cover the smoke shops as I think we

[27:05] can all see and I've heard from many

[27:07] people that they're just popping up all

[27:09] over the city of Schenectady and part of

[27:11] that I've I've heard I don't know what

[27:13] to be true or not is that people

[27:14] anticipate that they have a smoke shop

[27:16] they can almost like just slide right

[27:18] into a cannabis shop so that was part of

[27:21] our discussion in terms of the zoning so

[27:23] I will um Essence to Martin to tell us

[27:26] about what the state says and what we

[27:28] can do and then we can have some further

[27:29] discussion uh sure uh so at least with

[27:34] respect to cannabis there is a lot with

[27:36] respect to Zone that has been preempted

[27:38] by the state

[27:40] regulate certain aspects of the cannabis

[27:43] use but what we are able to regulate are

[27:46] the kind of the time place manner

[27:48] restrictions so while we can't do

[27:50] anything with respect to the 1000 foot

[27:52] rule that you may have heard about we

[27:54] can determine what zones cannabis sales

[27:58] are going to be permitted in

[28:01] and

[28:03] specifically we can do what's called

[28:05] kind of a zoning overlay because we may

[28:08] not want to apply it to all of the

[28:11] commercial districts but there may be

[28:12] certain areas within the commercial

[28:14] districts that we want to apply to many

[28:16] of our commercial areas they do tend to

[28:18] bleed into a residential zoning District

[28:21] so months and months ago when we met

[28:24] with development the planners had been

[28:26] looking at

[28:28] a zoning overlay which would be kind of

[28:31] an adult use zoning use overlay over the

[28:34] major Criminal

[28:37] um

[28:38] so we do have some control over uh with

[28:42] respect to the Cannabis uses what they

[28:44] look like as well

[28:46] um you know just like we do with any

[28:47] other zoning with respect to commercial

[28:50] Enterprise you know what the shop is

[28:52] going to look like I will say the state

[28:54] is already very very restrictive

[28:56] um as to what a licensee their shop can

[29:00] look like there's no paraphernalia that

[29:02] can be visible there's no cannabis

[29:04] leaves that can be visible our

[29:06] flexibility with respect to smoke shops

[29:08] vape shops puka consumption tobacco

[29:11] consumption much much more flexible

[29:13] because there is no State preemption

[29:15] there is no State Licensing for that so

[29:18] we could in fact impose restrictions on

[29:21] the distance that those shops are from

[29:24] each other that the distance that those

[29:25] shops are from schools and churches and

[29:27] other similar uses we would largely the

[29:31] recommendation would be to parallel

[29:33] estate definitions for cannabis uses in

[29:37] our own zoning code and kind of follow

[29:39] ports for that and then we can apply

[29:41] those similar restrictions to the Smoke

[29:44] debate the hookah lounges and ultimately

[29:46] the goal of zoning we want to treat

[29:48] similar uses similarly so we don't want

[29:51] to treat them separately those are

[29:52] similar uses they should be treated

[29:54] together

[29:54] I know that there was

[29:57] discussion to a moratorium

[30:00] for those uses and that would serve as a

[30:03] halt to prevent any further

[30:05] applications going through until this

[30:07] zoning was in place ultimately to do

[30:09] that really is a conversation for the

[30:11] council to have is considered a drastic

[30:14] remedy and there are a lot of

[30:17] restrictions that need to be in place

[30:19] and a lot of things that we need to bake

[30:20] into the ordinance to ensure that we are

[30:22] doing it lawfully typically though a

[30:25] moratoria is used if we're concerned

[30:27] that there's going to be some sort of

[30:28] mass development rush like the the city

[30:31] was proposing major zoning changes and

[30:34] we were worried that all of the

[30:35] developers were going to rush to City

[30:36] Hall to pull permits and try to acquire

[30:39] what we would call a vested right in

[30:41] that project so there may or may not be

[30:43] a concern that that's going to be the

[30:45] case here for smoke shops and hookah

[30:48] lounges and cannabis uses especially

[30:50] considering how owners the licensing is

[30:52] for cannabis

[30:54] um that being said it is within the

[30:56] council's power to enact a moratorium on

[30:59] these uses it just is going to need to

[31:01] be for a reasonable time for us to put

[31:04] the zoting in place six months would

[31:06] probably be more than enough time and in

[31:09] fact many of these changes are are

[31:11] really minor tweaks I will point out

[31:14] that at least as it stands today the

[31:17] only cannabis use that is permitted

[31:19] under our zoning code is the

[31:21] of cannabis the retailers we do not have

[31:24] a use defined for consumption and in the

[31:28] world of zoning we do not have a use in

[31:30] it is not permitted if it's not a

[31:32] specifically stated use it is not a

[31:34] permitted use

[31:36] so that currently wouldn't be permitted

[31:38] uh and um

[31:41] uh trying to think if there's anything I

[31:43] left out but

[31:44] um yeah I mean as it stands now it's

[31:47] retail so largely the the what would we

[31:50] would be looking at is parking I think

[31:53] that the queuing is something that has

[31:55] come up as a concern for uh members of

[31:58] the public so we could have some

[31:59] language in there for that

[32:01] um you know the likelihood is that as as

[32:04] it becomes a more common use we'll

[32:05] probably see less of that

[32:09] businesses but

[32:12] um many of the smoke shops that we are

[32:16] perhaps hearing about have not gone

[32:18] through the land use approval process

[32:20] anyway so I just want to be very very

[32:22] clear that zoning is not not um zoning

[32:25] is not what we would use to

[32:27] um uh to combat illegal sales of

[32:31] candidates that's not really what zone

[32:32] is going to do that's still a law

[32:33] enforcement matter and many of those

[32:36] smoke shops that have open or vape shops

[32:39] they don't have approvals to operate

[32:41] anyway they don't have site plan

[32:43] approval they don't have a certificate

[32:45] of use

[32:46] um so these are mechanisms that we have

[32:48] in place already it's just a matter of

[32:50] enforcement but certainly uh we can put

[32:55] in place

[32:56] um you know zoning that specifically

[32:57] speaks to these uses to ensure that the

[32:59] parking and and some of those other you

[33:03] know effects are on a meal here

[33:09] any questions coming

[33:13] up

[33:14] we submitted a

[33:18] legislative request and it's got a

[33:21] recommendation proposal

[33:23] for Zoning for Canada shots

[33:27] just as a starter or discussion and it

[33:31] would put the establishments in M1 and

[33:33] M2 districts

[33:35] would have language similar to that to

[33:37] the state as far as what it can be near

[33:42] the idea behind the M1 and M2 very

[33:46] similar in nature to the adult

[33:47] bookstores but beyond that

[33:50] um there's plenty of parking there

[33:52] wouldn't really interfere with other job

[33:55] uh other small businesses

[33:59] there's plenty of space

[34:01] so the issues that maybe we're having

[34:04] currently on Union Street

[34:08] it wouldn't happen in other areas so in

[34:11] the industrial zones so that's what

[34:16] my proposal is to put them in those

[34:19] areas I think it would limit the impact

[34:23] on the residents

[34:25] in the neighborhoods who are near the

[34:28] smoke shops near the cannabis shop

[34:30] excuse me and would help alleviate a lot

[34:34] of the issues that we're seeing

[34:37] so where are the m1s and the m2s in the

[34:40] city right now I believe one is on Max

[34:43] and Road and there are one on the bottom

[34:45] of Broadway Hill

[34:47] um I don't know all of them but

[34:50] sold that Carvel downtown

[34:53] entirely

[34:55] I believe the part not most if not all

[34:57] of downtown

[35:03] my thought there is why we have a

[35:06] downtown which we're trying to make

[35:07] family friendly why would we want to

[35:10] have a cannabis shop there we can have

[35:13] it in other areas people can partake and

[35:16] do what they want with the Cannabis and

[35:19] still be legal and uh

[35:21] still not impact others so it would be

[35:25] allow people to partake in illegal

[35:27] activity but also not impact other

[35:30] commercial operations

[35:35] um so Mr Marney does that in any way

[35:38] conflict with or anything in terms of

[35:40] the state I mean I think we should take

[35:42] a a real deep look into that in terms of

[35:45] that that's very limiting

[35:47] um no uh so the council has the

[35:50] authority to determine what zones are

[35:52] what you cannot do is eliminate has to

[35:55] be allowed somewhere I would say with

[35:58] respect to surviving kind of a

[36:00] constitutional challenge you

[36:03] have difficult cannabis should be

[36:05] treated the same as tobacco because they

[36:07] are similar uses So to that you know I

[36:10] would say in what many of the

[36:12] definitions tend to pin it on is what is

[36:15] their primary source of income at retail

[36:16] is it

[36:18] if it's a grocery store that sells

[36:19] cigarettes that's not the same as a

[36:22] smoke shop that's found that sells big

[36:24] you know Vape supplies and tobacco

[36:26] supplies and those so those uses are

[36:30] largely similar to the Cannabis zoning

[36:32] and largely should be kept together but

[36:35] as far as what district they're

[36:36] permitted and wholly the choice of the

[36:39] council as long as they are permitted

[36:42] somewhere

[36:43] it's largely it was similar to adult

[36:46] uses as well this was when they came up

[36:49] with the 70s where it was municipalities

[36:51] trying to Zone them out oh man and the

[36:53] case law is that you have to allow them

[36:55] so on which is usually the manufacturing

[36:57] districts

[37:09] either we put this on the agenda and

[37:12] those came afterwards I just wanted

[37:14] I just want everyone to think that and

[37:16] why wasn't including their packages

[37:21] absolutely so something that's very

[37:25] special to me that I'd like to uh see a

[37:28] moratoria on smooth shopping shopping

[37:32] um

[37:36] here in the city my recommendation would

[37:39] be as Mr Marnie stated a few moments ago

[37:41] like a six-month pause so we can get

[37:45] together and see prevent these smooth

[37:47] shafts from popping up on every corner

[37:49] boob shots

[37:51] um

[37:53] is also attached here governor

[37:55] on the last page there's a

[37:59] actually print this after cutting down

[38:02] smoke shops and bait shops down in New

[38:05] York City that I'm not saying that it's

[38:07] happening here but there's a lot of the

[38:09] Negro marijuana sales and coming out of

[38:12] these shops that are just popping up

[38:13] with other paraphernalia there another

[38:16] huge thing is youth grouping probably

[38:22] nine years old I don't know 10 11 12.

[38:26] there's some studies that I've got here

[38:30] about

[38:31] 27 percent of 12th graders had reported

[38:34] vaping in 2022 it's not going to fall in

[38:38] from any of them and it's not good for

[38:41] us and I don't think it should be

[38:43] available

[38:45] three in every neighborhood

[38:48] and do this another thing is I do have

[38:51] if anyone wants me to send them I

[38:55] realize that the town of Bethlehem had

[38:57] filed the local law with New York State

[39:00] Department of State for a moratorium on

[39:03] vape shops

[39:05] and of course this would all be from the

[39:08] legal department you know moving forward

[39:10] should we but I thought interesting and

[39:13] it's the purple it's the purpose of the

[39:15] local law to fulfill the town cities

[39:18] constitutional statutory and legal

[39:21] obligations to protect and preserve the

[39:23] public health welfare and safety of all

[39:26] the citizens of the city and to me

[39:29] that's a lot of the youth as well as

[39:31] anyone else and you can't make your own

[39:34] decisions so I just wanted to bring this

[39:36] forward because I had been working on it

[39:38] for a while so I present this to you as

[39:40] well thank you

[39:44] so Mr Marnie um

[39:47] brings up again about the more time so

[39:50] um I mean you know the discussion

[39:51] regarding that we did do one on

[39:53] convenience stores oh my gosh I didn't

[39:55] realize it's been so long ago but this

[39:57] has been a number of years I think 2014

[39:58] is when we did that but there's got to

[40:01] be specific reasons as you said so we

[40:04] would um need to to be able to discuss

[40:06] that

[40:08] and talking about the current stores

[40:09] that we have though you made a point to

[40:11] say some of these stories don't ever

[40:13] don't even have a certificate of use

[40:15] so

[40:16] um

[40:17] for me part of I think what we should be

[40:19] doing is looking at all the stores that

[40:21] we that we have on our list and know

[40:23] more that are not on the list to see if

[40:25] they don't and to remedy that whether it

[40:27] means that they get shut down or

[40:29] whatever that it means you know but to

[40:31] just be able to open a business without

[40:33] going through the correct process

[40:36] um with the city

[40:37] should not be happening

[40:40] and they shouldn't be able to yes Mr

[40:42] Mayor

[40:43] uh my name is on vacation this week but

[40:46] he had sent

[40:48] officers out last Wednesday or Thursday

[40:52] sightings some of these businesses that

[40:55] are non-compliant uh for getting started

[41:00] that processions

[41:06] starting that process to identifying and

[41:09] to get them into compliance

[41:16] and part of their compliance they have

[41:19] to have

[41:19] um they have to have a permit by New

[41:22] York state to be and I know that we've

[41:23] been to Stuart well and time has been

[41:25] stored as a result into battle that

[41:26] didn't have the permit to even

[41:28] uh to sell so that each one is a

[41:31] different story something of some level

[41:33] of compliance some have pretty much no

[41:36] compliance and

[41:38] how do we go through identifying and

[41:40] where we want

[41:41] to be here I wanted to play by the rules

[41:45] again don't want businesses they're

[41:47] going to create an adverse environment

[41:50] for invasive businesses or property

[41:54] owners

[41:55] thank you Mr Farley so I think um if

[41:59] we're talking about

[42:00] um

[42:01] uh similar treating similar use

[42:04] similarly

[42:06] um then I think that it would be wise of

[42:09] us to look at to really pay attention to

[42:12] the

[42:13] you know the social justice aspect of

[42:16] cannabis and to make sure that we're not

[42:19] um

[42:20] that we're factoring that in as far as

[42:23] especially if we're talking about zoning

[42:25] and a lot of

[42:27] uh the thought behind this was to write

[42:32] the historical ROMs in the marginalized

[42:35] peoples from marginalized communities

[42:36] who have lives have been impacted

[42:39] um adversity impacted and

[42:41] disproportionately impacted so I think

[42:42] that's something that we have to keep in

[42:44] uh that's the lens we need to look

[42:46] through if we're going to talk about on

[42:48] you know Zoni and or even you know the

[42:52] compliance that that we have because it

[42:54] seems like we're talking about using

[42:55] existing things that we have in the city

[42:58] um but putting being intentional about our smoke shops

[43:03] um so I'm just thinking about that

[43:05] anyway well is that something that you

[43:07] know we want to just look at you know

[43:09] all of all of the businesses that are

[43:11] operating without uh the appropriate

[43:14] certificates or odd compliance I just

[43:17] think about it when we start to narrow

[43:19] the focus I just don't want to have any

[43:22] um unintended uh

[43:25] consequences of being disproportionate

[43:27] and how we're moving forward

[43:33] the building inspector's word choice was

[43:35] he was having staff do every business

[43:38] look at him for compliance so some of

[43:41] them tended to be the newer smoke shops

[43:45] that had just shown up that are more of

[43:47] a problem but looking for compliance

[43:49] across the board

[43:52] this week and I'm just going to add I

[43:55] think we're talking about two different

[43:56] things or what it was uh presented by

[43:59] miss the Toro if we're looking at like

[44:01] the regulations aspect of identifying

[44:03] these zoning overlays but then also

[44:05] where is that in comparison to

[44:07] enforcement which are two completely

[44:09] separate things and also looking at the

[44:11] scalability of our response Mr Marney

[44:14] you can absolutely uh jump in if you'd

[44:16] like uh it sounded as if you were

[44:18] identifying that an auditorium was an

[44:21] over response that was particularly not

[44:23] necessary unless we're anticipating a

[44:25] huge influx of developers which you said

[44:27] was not the case with our city

[44:30] um it is legally considered a very

[44:32] drastic remedy but it is only up to the

[44:36] council to determine whether or not they

[44:38] feel it's more interested in this

[44:39] situation there's five large criteria

[44:42] that we have to meet as the reasonable

[44:44] time frame it has to be valid public

[44:46] purpose it has to address the situation

[44:49] that is being shared substantially by

[44:52] the public at large and there's a strict

[44:55] procedure that we have to adhere to and

[44:57] it has to have a time sir

[44:59] so the law looks disfavorably upon you

[45:02] know

[45:04] yeah multiple extensions and kind of

[45:06] taking that hand down the road but

[45:09] ultimately whether or not to pursue that

[45:11] is going to be up to the council they

[45:13] can direct the Law Department to draft

[45:14] that ordinance and you know it would

[45:17] largely parallel

[45:18] um uh the Bethlehem importance that that

[45:21] appears to be very well researched and

[45:24] there are templates that we've done to

[45:26] do that

[45:31] as far as the moratorium goes I think

[45:33] it's reasonable to make it six months or

[45:35] less whatever that would be but it would

[45:38] allow the city the opportunity to go

[45:41] through find the businesses that are not

[45:45] operating legally have been addressed it

[45:49] would also allow the council time to

[45:51] figure out a zoning issue for smoke

[45:54] shops so I think that is a reasonable

[45:58] time frame

[45:59] whether it's six months three months

[46:01] whatever but that would allow those

[46:04] activities to be done without new smoke

[46:07] shops opening there's complaints all the

[46:10] times that the neighborhood meetings of

[46:12] just in Bellevue alone they're six Goose

[46:14] Hill there's a whole pile I'm sure every

[46:17] neighborhood there's a bunch and people

[46:19] are complaining about these being opened

[46:22] as far as the Zoning for the Cannabis

[46:26] shops I believe there's case law that

[46:29] would be in our favor I don't remember

[46:32] it but I can get that would be in our

[46:35] favor for the zoning of m1m2 again

[46:38] plenty of parking won't interfere with

[46:40] other commercial areas they're

[46:43] relatively easy to get to in terms of

[46:46] Transportation so

[46:50] I understand some of your some of your

[46:54] concerns but I think some of those are

[46:57] alleviated with with ability to get

[47:00] their relatively easy and still partake

[47:04] in illegal activity so I think you know

[47:09] I think that's a reasonable thing the

[47:10] city's done it before it's nothing new

[47:13] the same with the moratorium and I think

[47:17] they're worth considering

[47:22] yes that's right so um I I would just

[47:25] say

[47:26] um so the concerns that I had are

[47:31] aligned with kind of what the state's

[47:33] doing right now and I think that

[47:36] because the city has done things before

[47:38] I don't know that the city has always

[47:40] operated with what we would uh theme of Equitable lens I'm not

[47:46] saying that hasn't but

[47:48] well I will say that it hasn't always

[47:50] done that so being that this is a kind

[47:53] of a new industry

[47:55] um and a lot of the reason why this

[47:58] industry is now existing is to go is to

[48:00] write some of those historical wrongs

[48:02] then I just think that it's really

[48:04] important that we don't use the same

[48:06] maybe uh existing uh metric in order to

[48:10] measure if we're being Equitable or not

[48:12] that's what I'm saying

[48:18] okay um so

[48:24] is it the opinion of the council

[48:27] generally that you want to move forward

[48:29] looking at avenues the Law Department

[48:31] look at a moratorium on smoke shops

[48:37] footage discussion around that

[48:42] I I think I think it's definitely

[48:45] reasonable to look at it again

[48:50] treat someone with any similarly you

[48:52] have to acknowledge that there is a

[48:55] some more um

[48:58] some more factors that we got to be

[49:00] considered and those factors are around

[49:03] Equitable access and a ability to

[49:06] participate in this growing economy

[49:08] industry

[49:11] um I thought I thought you were when

[49:12] you're talking about the Equitable

[49:13] access you're really talking about the

[49:14] cannabis well right well what I'm saying

[49:17] is that uh of Mr Martin's were saying

[49:19] that teaching similar things similarly

[49:21] so if we are treating them similarly

[49:23] then I just want to make sure that we're

[49:25] um that we're using the you know the

[49:28] Equitable lens that's all because we're

[49:30] not talking about a moratorium on open

[49:32] canvas correct all right okay

[49:36] thing

[49:46] Supermarket selling tobacco so I think

[49:49] is it what you meant the smoke shop

[49:51] selling tobacco versus another small

[49:53] individual something just selling

[49:55] tobacco

[49:56] right so it's right yeah like a grocery

[50:00] store selling cigarettes is very

[50:02] different from the percentage of a home

[50:04] store or cannabis retail Lounge

[50:07] um

[50:08] so those civil reviews yes we want but

[50:11] we're not going to lump in you know the

[50:13] stewards

[50:15] part of part of it they sell cigarettes

[50:18] but that's not their primary source

[50:23] so having this question like is there a

[50:25] formula around like how we could

[50:27] understand like what their primary

[50:29] resource income is right because I think

[50:32] because I'm just not really clear like I

[50:34] mean if you say like Joe's Smoke Shop

[50:36] and I think it's a pretty fair

[50:37] assumption to say it's a smoke shop you

[50:39] know but outside of you know is there

[50:40] some

[50:42] that we do

[50:44] it's largely baked into the definitions

[50:47] for those specific uses

[50:49] um and and the goal is to try to capture

[50:52] businesses that

[50:53] that's really not the primary use

[50:57] so uh you know sometimes it's a percent

[50:59] you know percentage based uh I think we

[51:02] did it a very similar definition

[51:05] um with the certificate of use

[51:08] uh

[51:10] I believe where but um yeah

[51:13] so we had defined it um

[51:20] saying that it's uh premises for

[51:24] cannabis Canada nicotine tobacco are

[51:27] sold for consumption on the premises or

[51:29] where these products or related to

[51:31] paraphernalia are primary are the

[51:33] primary source of income at retail and

[51:38] cannabis or tobacco retail stores smoke

[51:41] shops vape shops Google lounges

[51:42] consumption managers and the like and as

[51:45] of now we have very specific definitions

[51:49] of at least the candidates uses that the

[51:51] state has provided for for their

[51:53] legislation which we would largely use

[51:56] then parallels but not so much for the

[51:58] smoke shops okay

[52:01] nice to talk thank you

[52:04] um so I can have uh send this to

[52:07] Samantha and have her send out I think

[52:09] you have it the copy of the town of

[52:11] Bethlehem local raw filing this might

[52:13] help you Mr Farley is vape shops um they Define as a retail outlet with 25

[52:20] or more of its retail space devoted to

[52:23] selling Distributing any electronic

[52:25] cigarette vapor product Etc they came up

[52:29] with the

[52:30] description for a smoke shop a retail

[52:33] space solely devoted to selling or

[52:35] Distributing any tobacco electronic and

[52:39] then of course it goes into the Cannabis

[52:40] but and those two things might happen I

[52:42] can send the copy to Sam and she can

[52:45] send it out to everyone if that's okay

[52:50] and in that regard the moratoria will

[52:53] serve to preserve the status quo so it

[52:56] just puts a pause and then you guys will

[52:59] still have to go through the public

[53:00] hearing process and and uh and and

[53:04] important to developments

[53:09] so with regards to that what was the

[53:11] time frame you would need to actually

[53:12] give you that language

[53:14] um and also I know that tonight you

[53:16] certainly in terms of the zoning part of

[53:19] it and

[53:20] um and maybe I should just add um I

[53:22] don't

[53:23] um I think just relegating it just to

[53:26] two like way way outside the city

[53:29] um puts many probably businesses at a

[53:31] disadvantage so I'm open to looking at

[53:33] places outside neighborhoods so it's not

[53:35] concentrated in neighborhoods but I

[53:37] think that if we can do some type of

[53:38] overlay that kind of says we're in other

[53:40] business quarters because I know that's

[53:42] part of the legislation that New York

[53:44] state says that they can be in business

[53:45] cards that we should be able to look at

[53:47] that as well

[53:48] [Music]

[53:50] um with respect to uh moratorium that's

[53:52] the council's wish we could have been

[53:54] prepared for Monday

[53:55] and put that forward I do think that

[53:59] with respect to the zoning changes it

[54:01] would probably take approximately three

[54:03] months to go through that process and

[54:06] um

[54:07] counsel about how they would want to

[54:10] move forward with that so we can draft

[54:11] ordinance that reflects the council's

[54:14] wishes or what the mayor's consent

[54:16] involved with the Department of

[54:17] development

[54:18] but

[54:27] between is that a conservative timeline

[54:29] or is that like as soon as possible um

[54:31] the the changes the reality is that the

[54:33] changes

[54:34] um are relatively minor I mean we

[54:37] already have the framework in place so

[54:39] you know this is just some tweaks to the

[54:42] existing zoning ordinance to add

[54:44] definitions to add some parking

[54:46] restrictions to add you know some

[54:48] queuing language and then uh change the

[54:51] zones and it doesn't matter in the city

[54:53] so um you know it's not a it's not a

[54:55] heavy heavy lift

[54:57] should have to go to the Planning

[54:59] Commission

[55:00] the recommendation on it is a

[55:02] discretional referral

[55:06] I'm sorry could you just explain what

[55:08] that is sure you guys may choose to

[55:11] refer any proposed zoning amendments to

[55:13] the Planning Commission for their

[55:14] opinion as well

[55:16] it is not required

[55:20] but this could have added some time

[55:22] depend anyone kind of something

[55:34] yes can I just ask one more question so

[55:36] you mentioned the adult use aspect of

[55:39] the um when you were talking about the

[55:41] zoning overlay

[55:44] and so would that just be for this

[55:47] cannabis or I mean there's other

[55:49] businesses that are just adult use

[55:52] alcohol liquor stores Etc so we if one

[55:57] was to pass something like this does

[55:59] that then set a precedent around other

[56:01] types of businesses outside of cannabis

[56:04] and what does that mean in terms of

[56:06] future Economic Development and Small

[56:08] Business Development within the city uh

[56:10] so it would be specifically defined to

[56:12] just include what the council wanted to

[56:15] improve so I think that the just from a

[56:18] zoning law perspective the the Cannabis

[56:22] and the tobacco uses are somewhat

[56:25] distinct from public restore but if the

[56:28] council wanted to include liquor stores

[56:30] in in that adult use overlay it

[56:33] certainly has the right to do that

[56:35] but uh you know the the smoking uses are largely similar so I've had a lot I

[56:42] would love them together and that you

[56:44] have the the drinking uses it

[56:47] would not include it wouldn't include

[56:51] other adult establishments those are

[56:54] already provided for in the zoning

[56:56] ordinance unless the council wanted to

[56:57] change that and they are already

[56:58] restricted to the institutional or the

[57:02] uh the manufacturing districts

[57:06] adult entertainment uses

[57:09] yes and do we need to revisit anything

[57:13] um if and when

[57:15] the other aspect of this is the launches

[57:18] which we obviously have the opportunity

[57:20] yet and I think it would be a while

[57:23] before the state gets to it as well

[57:25] given how this role has it would be my

[57:28] recommendation to improve

[57:30] with whatever zoning amendments they're

[57:32] making that the consumption aspect of it

[57:40] it's been I think it would be worthwhile

[57:43] to look at it's only a map of the city

[57:44] because I think some of these M1 and M2

[57:46] zones would surprise you as to their

[57:49] locations within the city I obviously

[57:52] don't know all of them but like I said

[57:55] the one smack right at the bottom of

[57:59] Broadway Hill that's not out of the area

[58:01] I mean the Max and road is okay I will

[58:05] concede is on the outskirts but there

[58:08] are other areas within the city that

[58:10] would fall in this category so I think

[58:13] it's worth looking at before creating an

[58:15] entire new zoning level this may perhaps

[58:19] fit the need

[58:27] did you by any chance

[58:30] um obviously I think we all heard

[58:32] complaints when we found a store first

[58:34] opened but I've been monitoring it

[58:36] almost daily

[58:37] um and I you know clearly the the line

[58:40] has dissipated

[58:43] um I myself haven't been getting any you

[58:46] know more complaints since that first

[58:48] few weeks of the store being in business

[58:50] so I just want to know if you had gone

[58:52] back and spoken to any business owners

[58:55] or other people

[58:57] um I mean I'm totally the youth aspect

[59:00] of this obviously

[59:02] um you know I I'm completely supported

[59:05] the idea of not being here youth zones

[59:08] and of course that's part of the

[59:09] regulations to begin with

[59:12] um but I was just wondering if you've

[59:14] heard other complaints more recently

[59:16] from business owners yeah there's still

[59:18] ongoing complaints um

[59:21] with parking and with people lining up

[59:25] when I went by last week there was a

[59:28] line so maybe we're going at different

[59:30] times but I think it depends when you're

[59:32] there there's lines and there's not and

[59:34] I think there's still concerns as to the

[59:37] parking and of course not everybody is

[59:41] bad because no matter what you do

[59:43] there's like one out of ten it's going

[59:45] to be not conforming to appropriate

[59:48] behavior so but there's it's smack in a

[59:51] commercial Zone with small businesses so

[59:54] you know when you could get that if it

[59:56] was people lining up for the tennis shop

[59:59] you know so you know to be fair to the

[1:00:02] right to the cannabis shop I mean I

[1:00:05] think you get that regardless but I I do

[1:00:09] believe with the emphasis with the

[1:00:12] school the dance studio some of the

[1:00:14] other aspects the negative aspects

[1:00:17] towards the parking and some of that

[1:00:19] those type things I think it's worth

[1:00:22] looking at

[1:00:23] um just to be clear regardless of what

[1:00:25] we do Zone Zone forward that will not

[1:00:27] impact that location

[1:00:29] like that yeah right so

[1:00:32] yes so I'm just um has anyone spoken to

[1:00:35] the

[1:00:36] shopping question like directly because

[1:00:39] I know that we've probably talked to

[1:00:40] other businesses who's looking for

[1:00:42] having to talk to the owner of that

[1:00:45] particular

[1:00:46] shop I have not find out the mirror and

[1:00:49] the police chief had and he's trying to

[1:00:52] do the right thing I'm not I'm not

[1:00:54] attacking Mr Andrews let me let me just

[1:00:57] be clear now no no I just I just want to

[1:01:00] make that clear yeah yeah he's opening

[1:01:04] he's got a business it's a legal

[1:01:06] business he's doing the best he can but

[1:01:09] you know there are issues with the other

[1:01:10] businesses around there

[1:01:12] and how do we

[1:01:15] balance that to make everybody happy so

[1:01:18] I was I was mentioning that because I

[1:01:20] was going to say there might be some

[1:01:21] things that are within his control that

[1:01:23] he can you know and I wonder if maybe

[1:01:26] help them facilitate the conversation

[1:01:27] with him and um other business owners to see you know because sometimes their

[1:01:32] perception might be he's making some

[1:01:34] decisions and that's where it looks like

[1:01:36] this and then the reality might be

[1:01:38] there's illegal things that he has to

[1:01:40] adhere to which is producing this result

[1:01:42] that they might be desirable and maybe

[1:01:46] with understanding that then you know

[1:01:48] they could do that you know have a

[1:01:49] different perspective because again I

[1:01:51] just want to you know I know that that

[1:01:52] is a small business owned by owner

[1:01:56] operated by person of color I don't know

[1:01:59] how many businesses on that strip

[1:02:01] um is owned by people of color or people

[1:02:04] from marginalized communities and I

[1:02:06] think that again the entire

[1:02:08] discussion background of this is about

[1:02:11] you know addressing some of those things

[1:02:12] so if we're not asking those intentional

[1:02:15] questions and maybe having lengthier

[1:02:17] conversations and adding in a new lens

[1:02:20] to look at what's existing then we run

[1:02:22] the risk of perpetuating a problem that

[1:02:24] this is trying to solve and I wanted to

[1:02:25] say if we understand that as a counselor

[1:02:28] then that's how we have to be making our

[1:02:29] decisions even when it's uncomfortable

[1:02:31] to bring up a talk while we still need

[1:02:33] to do it

[1:02:36] and I would say also a completely

[1:02:39] restricting that access to our downtown

[1:02:41] area which is clearly one of our biggest

[1:02:43] selling points within the city should

[1:02:45] require a lot of in-depth conversations

[1:02:48] which to your point Mr palomini is a

[1:02:51] direct reflect of just our immediate

[1:02:53] perceptions this one story

[1:02:59] okay

[1:03:00] so um so and just for the record there's

[1:03:03] a lot of zoning stuff actually you could

[1:03:05] like probably do with a whole new

[1:03:07] Zoning for the city because there's a

[1:03:09] lot of things that are currently zoned

[1:03:11] one way that would the way our city is

[1:03:13] changing over the years

[1:03:14] um it's been a couple decades I think

[1:03:16] coming uh 2008 was the last time okay

[1:03:19] um that we haven't had a overall zone so

[1:03:22] this this is probably going to come up a

[1:03:23] lot

[1:03:24] so maybe we should just just put in your

[1:03:26] mind that we should think about doing an

[1:03:27] overall zoning um throughout the entire

[1:03:30] city not right at this moment but

[1:03:32] something to consider in the very near

[1:03:34] future

[1:03:35] um

[1:03:37] so at this point it again the question

[1:03:39] so yes we need to

[1:03:41] um I would say we would what input do

[1:03:43] you need from the council in terms of

[1:03:45] the zoning what do you need to move

[1:03:47] forward on that

[1:03:48] um so

[1:03:50] with respect to the zoning

[1:03:52] um we largely need direction on

[1:03:56] uh what path the council wishes to

[1:03:58] choose in order to drag the ordinance so

[1:04:00] just to be very to clarify there's the

[1:04:02] path where you choose what district

[1:04:06] um that those uses are going to be

[1:04:07] permitted in or not permitted in or the

[1:04:10] overlay path which allows greater

[1:04:13] flexibility to allow that use in

[1:04:15] multiple different

[1:04:17] zoning districts but restricted to

[1:04:20] geographic area in that District so it

[1:04:23] essentially floats over the existing

[1:04:25] concerning versus

[1:04:29] making those uses only for you know

[1:04:32] permitted in the C1 two and three or the M1 and two or just the M1 so those

[1:04:39] are two paths that the council can take

[1:04:42] and then uh you know the the rest of it

[1:04:45] would be you know the parking which we

[1:04:48] would we would need you know a planner

[1:04:50] to get some recommendations on and

[1:04:53] um if there would be need to be any

[1:04:55] language with respect to out queuing of

[1:04:57] those uses and end up in the lines and

[1:05:01] then any any other

[1:05:04] um you know any other reasonable

[1:05:06] restriction with respect to

[1:05:08] the the look and the exterior of the

[1:05:12] Aesthetics and then with respect to the

[1:05:15] smoke shop specifically smoke with a

[1:05:17] non-cannabis uses uh

[1:05:21] restrictions that are available are much

[1:05:23] higher so we can add footage

[1:05:25] restrictions we can to those types of

[1:05:28] amendments in the ordinance the parallel

[1:05:31] maybe with the Savior with the Cannabis

[1:05:33] licensing

[1:05:35] so those are the directions and then

[1:05:38] with respect to the moratoria you know

[1:05:41] that is largely something that's going

[1:05:42] to be a creature or a law and we can we

[1:05:44] can the Law Department can draft that if

[1:05:47] that's what the council wants

[1:05:49] [Music]

[1:05:54] so this is really up for the session so

[1:05:57] at this point in time

[1:05:58] um

[1:06:00] if the council chooses we can decide to

[1:06:03] move forward with at least the

[1:06:05] moratorium if that's what um

[1:06:07] the direction we want to move in or

[1:06:10] um

[1:06:11] I wanted to know from for me Mr

[1:06:14] um how like if we decided we wanted to

[1:06:17] look at both is that just too much to

[1:06:18] ask to look at the district versus the

[1:06:20] overlay

[1:06:23] um yeah yeah so if if you want to put

[1:06:26] the moratorium in place that pretty much

[1:06:28] puts freeze on anything and then the

[1:06:30] council can weigh and have discussions

[1:06:32] of the way the pros and cons

[1:06:34] I think

[1:06:35] at the beginning of drafting you know

[1:06:39] before we put pen into paper we're going

[1:06:41] to want to know that direction the

[1:06:43] council would like to go in but

[1:06:45] certainly you can discuss

[1:06:48] the pros and cons of either the path

[1:06:51] either restricting interest to certain

[1:06:53] zones and letting it in those zones or

[1:06:55] creating this overlay which would flow

[1:06:57] over the existence

[1:07:00] and truthfully that is largely a policy

[1:07:03] decision to do that it's not a local

[1:07:07] question

[1:07:12] yeah

[1:07:14] so the question is on the table whether

[1:07:16] we're moving forward or not with the to

[1:07:18] move the moratorium forward to or to

[1:07:20] wait for that and what the next

[1:07:22] committee meeting which is actually

[1:07:23] three weeks and not two because we have

[1:07:26] how we have the fifth Monday

[1:07:28] yes

[1:07:30] if you want to consider that more

[1:07:34] for the day forecast Mr Williams well I

[1:07:37] think in instance Israel we can solicit

[1:07:39] feedback from like more Partners

[1:07:41] absolutely because this in the best

[1:07:42] position to make the right decision I

[1:07:44] was originally opposed to six months and

[1:07:46] I was looking to do something a little

[1:07:47] sooner just so we can try upon the

[1:07:49] importance of getting to a decision soon

[1:07:51] later but I think with respect to making

[1:07:55] every consideration possible without

[1:07:58] continuously delaying this I think it

[1:07:59] would be appropriate to get or seek the

[1:08:01] opinion of the Planning Commission

[1:08:05] in terms of the military uh not the

[1:08:08] moratorium but with uh moving towards uh

[1:08:12] redistricting the zones or the older

[1:08:14] base

[1:08:16] yeah

[1:08:17] if the capsule put into places six

[1:08:19] months

[1:08:26] so if things move faster

[1:08:31] it would be good what tends to happen is

[1:08:34] it moves slower and you extend it and

[1:08:37] then people could feel aggrieved and you

[1:08:39] know the name give the potential for

[1:08:41] some litigation there or less than

[1:08:44] opposing outcomes

[1:08:49] I don't know

[1:08:53] so I mean I I at this point I just

[1:08:56] wouldn't be comfortable with uh moving

[1:08:58] forward with that just until I think

[1:09:00] that there's some just some questions I

[1:09:01] would have to be answered

[1:09:03] um and I think that there needs to be

[1:09:06] some additional lenses that we're

[1:09:08] looking through on and looking at maybe

[1:09:10] some other unintended consequences

[1:09:12] that I would be more comfortable

[1:09:14] bringing that back

[1:09:18] let me talk about the more time yeah

[1:09:20] they are driving me to I guess how I see

[1:09:24] this about making the

[1:09:25] right decision rather than the fast

[1:09:28] decision

[1:09:31] I think I'd like to revisit it

[1:09:34] um I think

[1:09:35] that I mean for example

[1:09:38] for six months it says no new

[1:09:40] applications for Vape or smoke shops and

[1:09:42] sale of marijuana or marijuana products

[1:09:44] I'm not really sure I mean that would

[1:09:48] still be something that has to come down

[1:09:49] from the office of Campus Management

[1:09:51] anyway right in terms of getting a

[1:09:53] license to someone who sells canvas as

[1:09:55] opposed to the illegal activity that's

[1:09:57] happening which obviously is an

[1:09:58] Enforcement issue and not a

[1:10:01] I mean that so the licensing is is

[1:10:05] distinct and separate from

[1:10:07] somebody's ability to see the land use

[1:10:09] approval within a municipality so the

[1:10:12] city council is within its authority to suspend use entirely

[1:10:16] they can still work to get their license

[1:10:19] into the state but it's distinct and

[1:10:21] separate from any individual's

[1:10:23] permission to operate a business so to

[1:10:24] say

[1:10:29] so we put six months in with this

[1:10:32] language

[1:10:34] doesn't change anything around someone

[1:10:36] and being able to legally open a

[1:10:38] marijuana store but cannabis it does it

[1:10:41] does they they could not legally open a

[1:10:44] Canada's retail store in the city is

[1:10:46] connected freeze I'm going to be frozen

[1:10:52] the state's license doesn't override the

[1:10:56] municipalities ability to decide where things are going to go within

[1:11:01] their parents well that's the zoning

[1:11:02] piece because in terms of the moratorium

[1:11:04] as presented here

[1:11:08] um

[1:11:11] I mean it does the zoning is different

[1:11:14] from this they're two separate kinds of

[1:11:16] they are the zoning is what gives you

[1:11:19] permission to have your business here in

[1:11:20] the city

[1:11:24] I mean definitely in favor of

[1:11:27] trying to occur what's happening is the

[1:11:30] rise in the number of smoke shops and

[1:11:31] The Vaping and the youth that are being

[1:11:34] affected by them I'm not so sure

[1:11:37] I don't know I still need some time to

[1:11:40] think about it

[1:11:56] lions

[1:11:57] so why don't we allow them is that to

[1:12:01] look at that reinforcement to make sure

[1:12:04] all these business come into compliance

[1:12:06] in terms of getting your license

[1:12:08] interviews and being complexions yeah

[1:12:10] and if they're not they then perhaps you

[1:12:12] know

[1:12:28] it's not affecting current businesses

[1:12:31] it's just new

[1:12:34] like what we did with the uh

[1:12:37] convenience stores

[1:12:39] it's not impacting current businesses it

[1:12:42] would only be your businesses and in new

[1:12:45] businesses that are going through the

[1:12:48] proper process right so it's not going

[1:12:51] to address businesses that are opening

[1:12:53] up illegally and it will not do anything

[1:12:55] to impact existing businesses

[1:13:06] the moratorium is optional

[1:13:09] um it's just to preserve the status quo

[1:13:11] and and generally prevent what we

[1:13:13] consider that Rush lawyer you know

[1:13:15] developers are running into City Hall to

[1:13:17] get there to get their permits before

[1:13:19] the city changes designed

[1:13:25] did you ever think so no no I just

[1:13:27] thought I was back to that I mean you

[1:13:28] mentioned about possible region

[1:13:30] you know sensitive about that being on a

[1:13:33] lot of reach and do something that is

[1:13:36] there a problem yes it was a problem

[1:13:37] about them they are enforcement went on

[1:13:39] to Portland it's allow that to work and

[1:13:43] put these things employers into the rest

[1:13:45] of these things I'm going to back up and

[1:13:48] say I mean because I wasn't really

[1:13:50] thinking in terms of the new aspect of

[1:13:52] this so in terms of new shops opening I

[1:13:56] don't think that any in terms of the

[1:13:58] Cannabis shops I don't know how that

[1:14:00] it's going to be a while before we've

[1:14:02] probably even see another license in the

[1:14:05] city of Schenectady but I I don't know

[1:14:08] that to be I I know this but let me tell

[1:14:10] you there's people that are currently

[1:14:12] looking so I don't know get licenses

[1:14:15] yeah yeah so I don't know what the time

[1:14:17] frame is because I you know I haven't

[1:14:18] had those discussions with anyone but I

[1:14:21] do know that there are those there are

[1:14:23] entities that we are trying to

[1:14:26] um get cannabis licenses so which is why

[1:14:28] we need to have our zoning in place so we can figure out

[1:14:32] and make sure that they're in places and

[1:14:34] again I see that as a separate the

[1:14:35] zoning I see is accept a little bit of a

[1:14:37] separate thing but I do think that

[1:14:39] obviously we have to cut back on the

[1:14:41] number of these smoke and vape shops

[1:14:43] that are opening all over everyone's

[1:14:45] neighborhoods

[1:14:47] um so I see this I mean in that sense I

[1:14:49] could see supporting the six-month

[1:14:51] moratorium on new smoke and book vape

[1:14:53] shops

[1:14:54] I think part of the problem is that some

[1:14:57] of them don't even go through the

[1:14:58] process though right if that's where

[1:15:00] it's not an enforcement aspect of the

[1:15:03] current ones especially

[1:15:04] has to happen I think that's what Ms

[1:15:07] tutorial was mentioned in terms of

[1:15:08] what's Happening currently

[1:15:11] absolutely that's where the moratorium

[1:15:14] would be handy it would allow the city

[1:15:16] an opportunity to go through identify

[1:15:20] those businesses that are operating

[1:15:22] building right have them addressed not

[1:15:26] impact the smoke shops that are doing

[1:15:28] the right thing

[1:15:30] and then also give us time to figure out

[1:15:34] all right there's X in this neighborhood where do we need

[1:15:39] to put them and so forth so that

[1:15:41] moratorium buys the council time in

[1:15:45] order to address those issues and it

[1:15:47] really is not a overreach

[1:15:51] um like I said there's case law that will support the city on that

[1:15:56] um

[1:15:57] and so I think the moratorium itself

[1:16:00] would

[1:16:01] not impact the current businesses allow

[1:16:04] us to enforce but also address how many

[1:16:09] we have in each neighborhood so we can

[1:16:11] create a proper Zone

[1:16:22] I don't know about this to move over

[1:16:24] there we're here when you did previous

[1:16:27] moratorium on the convenience stores

[1:16:28] right

[1:16:30] um so I just

[1:16:32] you know I just also

[1:16:36] you know I mean

[1:16:38] we have to be I feel we have to be

[1:16:40] careful around precedence as well

[1:16:42] because

[1:16:45] thank you

[1:16:46] there's future councils

[1:16:48] around judgment calls and value values

[1:16:52] calls around types of stores that might

[1:16:55] open I don't know I'm just throwing that

[1:16:57] out there

[1:16:59] um

[1:17:00] you're correct so as we have passed

[1:17:03] previously um convenience stores and we

[1:17:07] have seen the same thing happen over one

[1:17:08] of those things

[1:17:11] so let's Outreach let's

[1:17:15] I mean most days when we're talking

[1:17:17] about these smoke shops are really the

[1:17:19] business setup yeah so that's perfect

[1:17:21] more retirement I'm going to stop anyone

[1:17:23] from opening up the store that's not

[1:17:25] they're going to still continue

[1:17:27] so we need the enforcement they can't do it

[1:17:32] well I think um just just sorry to

[1:17:35] interrupt you just to be clear so he's

[1:17:36] saying these stories aren't going

[1:17:38] through the process they're not going to

[1:17:39] the Employment Commission they're not

[1:17:40] coming through they're just putting a

[1:17:42] sign up and said I'm here and they're

[1:17:44] open so illegal ones would still

[1:17:46] continue to work because I guess

[1:17:48] that's the Enforcement issue right and

[1:17:51] that's what I'm talking about the

[1:17:52] aggressive enforcement allow that to

[1:17:54] work and bring them in

[1:17:57] like that that's great kind of graduated

[1:18:00] intervention I think is the best way to

[1:18:02] do this right so right now

[1:18:04] um we have existing things to um hold

[1:18:07] businesses accountable too let's let's

[1:18:09] enforce what is on the books now to see

[1:18:13] where that puts us before we start to

[1:18:15] create new

[1:18:16] um

[1:18:18] creating another intervention especially

[1:18:21] if the

[1:18:22] problem is that they're operating

[1:18:25] illegally as well they can't do that now

[1:18:27] and you know he didn't want to tell them

[1:18:29] that they can't do that now so we

[1:18:30] reinforce those on the books now and I

[1:18:32] think that that again gives us time to

[1:18:34] be mindful of some of the unintended

[1:18:36] consequences that might happen if we

[1:18:38] don't go with the graduate intervention

[1:18:41] if we do have a moratorium in place and

[1:18:44] smoke shops open we know automatically

[1:18:46] they're illegal it makes it that much

[1:18:48] easier to enforce while also enforcing

[1:18:50] what's already out there and then

[1:18:53] leaving the

[1:18:55] legal businesses to do what they need to

[1:18:58] do and operate properly so it allows us

[1:19:02] that option of being able to enforce

[1:19:04] easier as well as cleaning up what's

[1:19:07] already there that's that's really the

[1:19:10] one of the nice things in the moratorium

[1:19:13] is if I open up an illegal smoke shop

[1:19:16] tomorrow and there's a moratorium in

[1:19:18] place and people in the neighborhood see

[1:19:21] it they automatically no I'm illegal so

[1:19:24] it's easy to enforce and then we can at

[1:19:27] the same time enforce those that we have

[1:19:30] to do the paperwork and find the Paper

[1:19:31] Trails

[1:19:33] but I also think that we have a

[1:19:35] responsibility to encourage businesses

[1:19:38] to open up here in the city and I think

[1:19:41] that if if someone is

[1:19:43] opening a legal business in the city and

[1:19:46] coming to the mayor's point is playing

[1:19:47] by the rules and I think that you know

[1:19:50] that's that that's fine and if someone

[1:19:53] plans with opening up a business and is

[1:19:56] going to play better almost follow the

[1:19:57] uh the things that are set in place for

[1:20:00] them then I'm really not want to do

[1:20:03] anything to discourage anyone from

[1:20:04] opening a business here as long as

[1:20:06] they're doing the right thing so I don't

[1:20:08] think that I just think that being

[1:20:10] something what I'm hearing it just seems

[1:20:11] like

[1:20:12] there's things that we have to to likely

[1:20:15] address some of the smoke shops that are

[1:20:17] existing whether they're legal

[1:20:20] um especially if they're illegal you

[1:20:23] know I think that first

[1:20:25] um before we see you know move into

[1:20:28] something that is uh to a Corporation

[1:20:31] Council floor I believe it was it was

[1:20:33] drastic or I guess

[1:20:35] what was all considers it's an address

[1:20:38] around it it's a drastic remedy yeah I

[1:20:41] think that we should probably avoid that

[1:20:43] let's start where we're at now before we

[1:20:45] get to a Jurassic tournament

[1:20:47] yes Mr Turner um so even Mr wooden motiv

[1:20:51] Aaron just stated that it is

[1:20:53] a problem and it's struggling here in

[1:20:55] the city so this is just a pause

[1:20:59] three months six months with the six

[1:21:00] months on it just to see I mean how many

[1:21:03] more do you want

[1:21:05] um on Van Rankin Avenue I mean just for

[1:21:08] instance and would you be opposed to

[1:21:10] five more smoke shops opening there I

[1:21:13] want every business in the city to

[1:21:15] succeed I want small businesses large

[1:21:18] businesses that's what we need to keep

[1:21:20] our city together as it is and moving

[1:21:22] forward and that's a good thing but this

[1:21:24] is a problem of vaping

[1:21:28] where children have access to it

[1:21:31] children see it I mean I'm just saying

[1:21:33] this is a pause I couldn't whether it's

[1:21:36] overreactive or not it's a pause it's a

[1:21:39] small pause so that us as a council can

[1:21:42] get together

[1:21:44] and decide what we'd like to see moving

[1:21:46] forward and again I think Governor

[1:21:49] Colville said 50 there's 1500

[1:21:52] um

[1:21:53] unlicensed smoke shop and big shop big

[1:21:56] shops in New York City I think it's a

[1:21:57] lot bigger than you but still without a

[1:22:00] moratorium this then we can see who's

[1:22:03] opening up close them down right now and

[1:22:06] give the businesses who do everything

[1:22:09] legally and open up their shops

[1:22:12] the chance to stay open and succeed

[1:22:16] versus an illegal shop Two Doors Down

[1:22:19] I'm always taking business away from

[1:22:21] that right

[1:22:24] it takes some months for a business to

[1:22:27] open anyway so if they go through the

[1:22:30] legal process it's going to be a few

[1:22:32] months before they open if there's

[1:22:35] somebody already in the hopper we could

[1:22:37] address that and let them open up and be

[1:22:41] excluded from the moratorium but if we

[1:22:45] have the six-month moratorium we finish

[1:22:46] in four months we can say it's done

[1:22:49] anybody wants during that time it would

[1:22:53] probably take that long for a new

[1:22:55] business to open anywhere so we're not

[1:22:57] going to impact people who want to do

[1:22:59] the right thing and do things legally so

[1:23:02] that process does take poop and that

[1:23:05] moratorium wouldn't really impact those people

[1:23:09] well um just to be clear though if if

[1:23:11] we're having a moratorium then people of

[1:23:13] Mr morning cannot even put them in an

[1:23:15] application is that correct uh that is

[1:23:18] correct um

[1:23:20] it's like ready to meet with the

[1:23:23] Planning Commission Now they already

[1:23:24] have their application in that's what

[1:23:26] I'm talking about I'm not talking about

[1:23:27] new applications just to clarify because

[1:23:30] I understand what you're saying

[1:23:33] most of the moratoria have a hardship

[1:23:36] component to them

[1:23:39] included come to the council and apply

[1:23:42] for the agency called variants

[1:23:47] and anybody who's an acquired a vested

[1:23:50] right to be used

[1:23:52] to be able to to continue to pursue that

[1:23:54] use regardless of the moratorium that

[1:23:56] usually means that they start with

[1:23:58] substantial construction and things

[1:24:00] started substantially opening that

[1:24:02] business

[1:24:03] and there is one Cycle City that is in

[1:24:06] that position

[1:24:10] so just for clarity

[1:24:13] um

[1:24:14] to my fellow council members so what

[1:24:16] we're saying is that

[1:24:18] Our concern is

[1:24:20] illegal smoke shops are we concerned are

[1:24:24] we saying that we don't want people to

[1:24:26] open up legal smoke shops and even if

[1:24:28] they follow the thing like I'm trying to

[1:24:29] make sure that I understand what we're

[1:24:31] saying

[1:24:33] like so you're saying that like

[1:24:35] you're the issue that you're seeing is

[1:24:37] illegal smoke shops or the issues that

[1:24:40] you're seeing is legal smoke shops

[1:24:48] and we find out what we're doing I of

[1:24:51] course we don't want anyone to open any

[1:24:52] legal business because that affects a

[1:24:56] lot of different

[1:25:00] taxes Revenue things like that and we

[1:25:04] don't want that happening in University

[1:25:05] but I want to make sure that the smoke

[1:25:08] shops that are open are opening are

[1:25:10] doing it correctly legally and

[1:25:13] you know

[1:25:14] and I want to know

[1:25:18] so so all smoke shops

[1:25:22] it's

[1:25:25] all because you would work on the zoning

[1:25:27] you make sure there's x amount per

[1:25:31] neighborhood or whatever per block like

[1:25:33] we did with the the convenience stores

[1:25:36] so it's it's similar in nature to that

[1:25:39] of yeah we want to address the illegal

[1:25:42] ones but also

[1:25:44] make it have a way to let people open up

[1:25:48] legal shops in an appropriate manner

[1:25:50] that's good for the city and for the

[1:25:53] neighborhood

[1:25:57] but I would say our opportunity to

[1:25:58] preemptively address this was by opting

[1:26:00] out which the council chose not to do so

[1:26:03] at this current stable responding to a

[1:26:05] different situation which is why I think

[1:26:07] it's our responsibility to proceed with

[1:26:08] a certain amount of caution

[1:26:11] different issue it is

[1:26:14] and it is a definition because the

[1:26:17] opting out was for that only was about

[1:26:19] cannabis and we really are trying to

[1:26:22] talk about I think here at least on this

[1:26:25] tutorials piece it's about the smoke

[1:26:28] shops

[1:26:31] so um what I'm hearing the suggestion is

[1:26:34] that we first of all look at this list

[1:26:36] with giant which has 20 which may

[1:26:38] probably be more and find out which of

[1:26:41] these actually based on what the mayor

[1:26:43] is saying is actually even legal to be

[1:26:45] open in the first place

[1:26:47] um I'm guessing some aren't that could

[1:26:49] be wrong but I'm guessing some aren't

[1:26:51] and um and then to to look further in

[1:26:55] terms of this is what I'm hearing a

[1:26:57] little further in terms of whether or

[1:26:59] not we pursue the moratorium so

[1:27:01] um is that the sense of what

[1:27:05] um everyone feels right now because

[1:27:07] we've had a long discussion about this I

[1:27:09] think that'll send what you are in favor

[1:27:11] of

[1:27:12] oh well I'm in favor of actually looking

[1:27:15] because I see smoke shops hopping up all

[1:27:17] over the place I do wonder if they've

[1:27:19] gone through the process I'm thinking

[1:27:21] most of them haven't so I'd like to see

[1:27:23] first first of all to see if the ones

[1:27:25] that we have are even legal and do we

[1:27:26] start there by just shutting those down

[1:27:28] and does that already like weed out oh

[1:27:31] no pun intended

[1:27:33] um

[1:27:34] get rid of some of the ones um within

[1:27:37] the neighborhoods so

[1:27:40] um because you know in my discussion you

[1:27:43] know with Mr Barney and we had talked

[1:27:44] about one more time he told me the pros

[1:27:46] and the cons of it so

[1:27:50] uh at this point in time I think we

[1:27:52] really I mean I'm not saying we

[1:27:53] shouldn't do it I'm wondering if we I

[1:27:55] would prefer that we go ahead and look

[1:27:57] through these this list

[1:27:58] oh it's in the January email that we got

[1:28:01] way a while back uh and so he probably

[1:28:06] needs to be updated

[1:28:07] yeah and that's seven months ago so

[1:28:10] there's probably a heck of a lot more

[1:28:12] that have opened right right and to go

[1:28:14] through and see which of those are

[1:28:16] actually legally open we wouldn't I mean

[1:28:19] that would be the that would be the you

[1:28:21] know

[1:28:22] code enforcement and the mayor's staff

[1:28:24] doing that

[1:28:28] and then we can certainly revisit this

[1:28:30] in every three weeks not two

[1:28:47] so this is actually

[1:28:51] so what is your pleasure

[1:28:55] I agree with that

[1:28:57] we bring this back and in terms of

[1:29:02] did you have a question I'm not sure how

[1:29:04] much we can get done well I don't know

[1:29:06] in three weeks around looking at the in

[1:29:08] three weeks oh oh I'm starting to say

[1:29:11] that give me a lot of them but me

[1:29:12] speaking for someone else

[1:29:15] oh so so I guess I'm unclear then with

[1:29:19] respect to them does the council wish to

[1:29:22] move forward more for him

[1:29:26] what I'm seeing hearing is that people

[1:29:28] want to see what the ones that we have

[1:29:30] are they legal illegal and then do we

[1:29:32] you know

[1:29:34] um find out which one of those need to

[1:29:36] be shut down and does that is that as

[1:29:37] much of a problem as we think it is so

[1:29:40] um I'll clarify the moratorium and the

[1:29:43] zoning changes are not combat illegal

[1:29:46] basis

[1:29:48] it does not combat a legal use right

[1:29:51] it's only legally only for coming up

[1:29:53] with a path for lawful uses and new

[1:29:57] businesses moving forward so I wouldn't

[1:29:58] count on that as being a

[1:30:01] um as being a way to combat any any

[1:30:03] businesses that have illegally opened

[1:30:06] that that's that's a separate advisement

[1:30:08] issue

[1:30:09] um

[1:30:10] so I guess I'm clear uh than what the

[1:30:13] council will direct the Law Department

[1:30:15] to do

[1:30:17] um

[1:30:18] I guess I would support the moratorium

[1:30:21] and then at the same time just as Mr

[1:30:23] politan he said it gives this the time

[1:30:25] to be doing what you're suggesting which

[1:30:28] is then the work around

[1:30:30] you know the ones that are already open

[1:30:32] and what's happening illegally at least

[1:30:35] it would prevent

[1:30:37] illegal shops from opening

[1:30:40] I mean well we would know that they were illegal well we haven't actually uh if

[1:30:50] there was a moratorium in place I mean

[1:30:52] those illegal shops go to that apply to

[1:30:55] be legal they would not be able to right

[1:30:57] because it would be a moratorium so they

[1:30:59] that would actually have the effect of I

[1:31:02] think require those businesses to shut

[1:31:04] down until okay I thought you said that

[1:31:05] they could still move forward with

[1:31:07] applying only lawfully open business or

[1:31:10] those who have acquired a waffle vested

[1:31:12] right if you've opened your business

[1:31:13] illegally you do not have a right to

[1:31:15] continue it

[1:31:16] under any circumstances and I think

[1:31:18] we're using interchangeable language

[1:31:20] around legally and in compliance and I

[1:31:22] think that if if there is a business

[1:31:24] right now that's open that isn't in

[1:31:26] compliance and um our code enforcement

[1:31:30] goes out and says hey you're not

[1:31:32] compliance and this is what you need to

[1:31:34] do to come within compliance and operate

[1:31:36] as a legal smoke shop then uh a

[1:31:40] monitorium doesn't allow for that to

[1:31:43] happen it won't allow them to then

[1:31:44] remedy whatever uh

[1:31:49] is that correct yeah if you open them

[1:31:52] awfully you're not you've not acquired a

[1:31:55] right to continue that if there's a more

[1:31:56] important there are only a handful of

[1:31:58] them that I am

[1:31:59] to follow the correct procedures of

[1:32:01] state is one of them

[1:32:03] um and that there are a maybe two smoke

[1:32:05] shops that have gone through cycling you

[1:32:08] can make them feel alive

[1:32:10] zoning office looks for compliance you

[1:32:13] know absolutely gross mitigating factors

[1:32:17] or shut it down to me for some reason

[1:32:19] you're looking to have people

[1:32:21] get moved through the process through

[1:32:24] the appropriate paperwork sometimes

[1:32:27] fees because they haven't done it right

[1:32:29] then again we've looked for compliance

[1:32:32] absence

[1:32:35] or just a negative outcome for the

[1:32:38] business to be in existence still in

[1:32:41] there

[1:32:43] which would actually speak to the

[1:32:44] importance of a hardship

[1:32:47] component to the moratorium correct

[1:32:52] so that would also have to be determined

[1:32:55] whether we move forward tonight or not

[1:32:57] or wait three weeks

[1:32:59] bring this back to the table

[1:33:02] all of that still would have to be

[1:33:03] determined correct decide what I'm

[1:33:05] hearing well we would just leave a trap

[1:33:24] we would also need clarification as to

[1:33:27] whether or not this is going to include

[1:33:28] cannabis and smoke shops right I think

[1:33:30] we've been conflating in the two right

[1:33:33] they are similar uses but they are two

[1:33:36] separate uses and these types of things

[1:33:38] we need to be specific yes

[1:33:41] in the recommendation here of Mr Sarah

[1:33:45] submitted um it has the unregulated

[1:33:48] marijuana market and

[1:33:50] so I think that can push us into kind of space that

[1:33:55] we start to complete the two because

[1:33:56] this monitoring will be only on smoke

[1:33:58] shops right that would be for the

[1:34:00] council to decide because those are

[1:34:02] similar uses the Cannabis retail

[1:34:04] cannabis consumption and you're

[1:34:06] contemplating zoning changes for all of

[1:34:08] those uses for tobacco smoke

[1:34:14] in what submitted it says it says the

[1:34:18] unregulated marijuana Market poses a

[1:34:20] health risk and doesn't contribute to

[1:34:21] the tax base right and it's going to do

[1:34:23] to hire a few crime so the final

[1:34:26] recommendation

[1:34:28] I'm sorry look at the last one

[1:34:31] does include the sale of marijuana and

[1:34:34] marijuana

[1:34:35] precisely what I'm saying that's what I

[1:34:37] was bringing up earlier the final the

[1:34:39] final work they have clarification

[1:34:40] around that the difference between a

[1:34:42] cannabis dispensary and a smoke shop

[1:34:44] correct we're seeing the same thing

[1:34:46] actually yeah no I don't yeah

[1:34:50] so I definitely going to need for it uh

[1:34:58] okay yeah I don't think I heard what you

[1:35:01] said I was saying that I don't I so I

[1:35:03] definitely wouldn't feel comfortable

[1:35:04] moving forward uh with that until we

[1:35:08] until we're able to really you know like

[1:35:10] I wouldn't feel comfortable with that in

[1:35:11] this language

[1:35:13] I haven't got that just the language with them itself

[1:35:16] is Dustin flavor too um not to say that

[1:35:19] they're not connected and just to be

[1:35:20] extremely clear I I mean I think what

[1:35:24] you're bringing forth here is valuable

[1:35:25] and thus um it's a quality of life issue

[1:35:27] for people to sit so I want to be clear

[1:35:29] about that but I just but but I do

[1:35:31] believe that we need to be

[1:35:33] um the clear distinctions um and I don't

[1:35:36] think that this does that nothing else

[1:35:38] you should have something else

[1:35:40] well I think okay I think that what I'm

[1:35:44] hearing and I you know is that we would

[1:35:47] have that clarification given to us in

[1:35:49] three ways by the Law Department

[1:35:51] of the language is that what I just

[1:35:54] heard we would we would clarify the

[1:35:56] language I would I would pull I mean

[1:35:58] these types of ordinances we have access

[1:36:00] to databases that tell us what needs to

[1:36:02] be in them um so we would pull that

[1:36:04] together the Bethlehem ordinance is

[1:36:07] professionally drafted that's probably

[1:36:09] because I don't get to see that yeah

[1:36:11] that's cool mini first off you can

[1:36:14] decide that now if you don't want the

[1:36:16] Cannabis shops in there you can take it

[1:36:18] out moratorium and just make smoke shops

[1:36:20] as far as the unregulated Cannabis

[1:36:23] they're illegal by definition anyway

[1:36:26] because that's

[1:36:29] to the whole purpose of having legalized

[1:36:32] Community shops right so if you're

[1:36:35] opposed to Canada shops then that's

[1:36:38] something you can take out in the

[1:36:40] moratorium on smoke shops and that's

[1:36:43] what we can decide so we don't need to

[1:36:45] wait three weeks to decide that we can

[1:36:47] decide that now presumably if

[1:36:50] everybody's in favor of a smoke shop

[1:36:53] moratorium and moving forward then you

[1:36:56] can tackle the zoning piece of the

[1:36:59] Cannabis shops I'm just going on what's

[1:37:02] in front of me what was presented

[1:37:07] you would you would grab something in

[1:37:09] three weeks we would look at it and then

[1:37:11] the software that's what we're saying no

[1:37:13] I think we're saying that we could

[1:37:14] actually just take the language out that

[1:37:15] we're not agreeing with right now here

[1:37:17] tonight we'll take the linkage out and

[1:37:19] then adapt this just minus that language

[1:37:21] is what you're saying

[1:37:22] go ahead and listen I would say just

[1:37:25] give us Direction and we would draft

[1:37:26] something that you would then review I'm

[1:37:29] happy to do that so we're not saying

[1:37:32] we're just going to sit here mark this

[1:37:34] up and then move it forward that's not

[1:37:36] what we're saying but Mr Martin were you

[1:37:38] saying that you would wrap this up and

[1:37:40] then have it to us so we can move on

[1:37:41] this on Monday if we're in agreement is

[1:37:43] that what you're saying we could put

[1:37:45] this together

[1:37:48] instead

[1:37:57] well we can't vote on because we're not

[1:37:58] seeing but we just can't go through a

[1:38:00] piece of legislation that we're not

[1:38:01] seeing

[1:38:02] we'd have to wait to see it to make that

[1:38:04] decision

[1:38:06] well you couldn't move it and do it and

[1:38:09] if something's you know just call it

[1:38:11] from the agenda or whatever I mean we do

[1:38:13] that pretty regularly

[1:38:18] what's that or we just have the

[1:38:21] discussion on Monday I mean yeah

[1:38:28] the consideration is that we would have

[1:38:30] a little apartment put together a piece

[1:38:33] of legislation that we could all look at

[1:38:35] and agree on come

[1:38:38] before it come earlier Monday seven so 6

[1:38:41] 30 to take a look and make sure that

[1:38:43] we're all comfortable with it and um

[1:38:46] what's that that's a good idea

[1:38:49] um or lipin or let them drafted and then

[1:38:52] we look at in two weeks those are the

[1:38:53] two things that are being considered at

[1:38:55] this moment

[1:39:13] so

[1:39:36] all right so folks so we do are we

[1:39:38] holding are we waited for three weeks

[1:39:39] for this are we are we waiting until

[1:39:42] Monday to look at it I'm happy to go on

[1:39:44] Monday take the Verge out I think I'm a

[1:39:47] little bit look at what we see and we'll

[1:39:50] go on Monday

[1:39:51] I'd like to just make sure again that

[1:39:54] you're considering the things that you

[1:39:55] know the concerns that I brought forth

[1:39:57] around

[1:39:58] um unintended consequences and

[1:40:00] disprofessionally impacting among

[1:40:01] certain communities

[1:40:03] even with this

[1:40:06] so I don't know if you can do that by

[1:40:09] Monday then

[1:40:12] I'd be happy to put anything that uh

[1:40:24] I would say similar to Mr Farley or the

[1:40:26] gaming plants present on Monday

[1:40:29] so

[1:40:30] logistically we would have to meet

[1:40:31] earlier on Monday we'd have to meet that

[1:40:32] you would send it out before that right

[1:40:34] and then we would have to um we could

[1:40:36] recess this and then we can be and then

[1:40:39] vote it out after having looked at it if

[1:40:42] everyone was comfortable with the

[1:40:43] language

[1:40:48] we still wouldn't need direction about

[1:40:49] whether or not what uses are going to be

[1:40:54] mean right which actually seems to be

[1:40:56] about cannabis shots so I would assume

[1:40:59] that okay

[1:41:21] oh

[1:41:24] there's a

[1:41:26] six pages

[1:41:32] that's gonna get sent out to us anyways

[1:41:34] right

[1:41:35] mm-hmm

[1:41:41] [Music]

[1:41:43] see this will be centered on the sale of

[1:41:45] marijuana so I think that's if you take

[1:41:49] that out there

[1:41:51] correct

[1:41:52] did bethlehemism

[1:41:59] okay

[1:42:02] um well

[1:42:08] six pages I didn't realize it was six

[1:42:10] stages long for some reason I just

[1:42:11] thought it was one or two six pages so

[1:42:15] through

[1:42:18] yeah it is

[1:42:20] um to be able to go through this and

[1:42:22] then see what the law department has

[1:42:23] before I can make I mean even decide

[1:42:25] what part of this I would want to see in

[1:42:27] there quite frankly

[1:42:29] so or will you be agreement to meet on

[1:42:32] Monday and then

[1:42:34] we do it all

[1:42:36] does that still not give you enough

[1:42:38] direction right it doesn't I don't think

[1:42:40] it does unless there are I mean the

[1:42:42] substantive changes I mean largely the

[1:42:44] language in here is pretty

[1:42:49] it's pretty standard okay

[1:43:00] ours will be done by ordinance

[1:43:21] well for me this was a discussion

[1:43:22] whether we want to move forward I want

[1:43:24] to to look at what's been presented with

[1:43:26] us to see how we what we do on in terms

[1:43:28] of it so that's where I am right now and

[1:43:30] I will be willing to look through that

[1:43:32] and and

[1:43:33] just come back in three weeks that's unwilling to do that it's a lot

[1:43:37] to to consider I don't want to rush into

[1:43:41] it um I don't think hopefully that's not

[1:43:43] going to be a major problem because I'm

[1:43:45] on the same page with you we both wanted

[1:43:46] to um to see a moratorium I just want to

[1:43:49] make sure

[1:43:51] um thank you yes that we're just taking

[1:43:54] everything into consideration so

[1:43:56] let's pass on Monday would be a

[1:43:59] conference we'd have to have a house

[1:44:01] look up again Chris public hearing if

[1:44:04] it's going to be honorable or ordinance

[1:44:08] so we have to have Halls right now we

[1:44:11] have to call for a public hearing even

[1:44:12] on this before we it is an ordinance so

[1:44:15] we can call for the public hearing and

[1:44:17] that would give us time okay

[1:44:20] so again okay so we can call for public

[1:44:23] hearing on that and then that will still

[1:44:25] give us time to

[1:44:27] um have the Law Department put together

[1:44:28] something all of us to take a look at it

[1:44:31] and out in time for the public hearing

[1:44:33] as well

[1:44:35] all right is there anyone that objects

[1:44:38] to that moving forward in that way

[1:44:42] okay

[1:44:43] so the next phase for the city's

[1:44:45] development and planning committee

[1:44:48] um

[1:44:48] then we need someone to make a motion to

[1:44:50] call for public hearing to for possible

[1:44:53] moratorium

[1:44:55] all those in favor okay

[1:44:59] all right uh the next item on the agenda

[1:45:02] is amending resolution

[1:45:05] 2023-136 endorsing the Schenectady

[1:45:07] University Ministries application uh do

[1:45:10] you remember a couple weeks ago they

[1:45:11] came to us and asked us to support their

[1:45:14] applications in New York state

[1:45:16] unfortunately the name of the grant that

[1:45:19] they were asking for that was his they

[1:45:22] put in the wrong Grant name so now we

[1:45:26] just need to amend that language and put

[1:45:28] in the correct Grant name so that when

[1:45:31] it's being reviewed by the committee

[1:45:34] that they make sure that we're sending

[1:45:36] to support it the resolution that we're

[1:45:38] setting supported is specifically for

[1:45:40] that Grant

[1:45:43] does anyone have questions about that

[1:45:47] so second second

[1:45:52] okay

[1:45:54] um

[1:45:55] there's the last thing is to amend the

[1:45:57] collective bargaining agreement with

[1:45:59] abscme it's over 66 local 1037a says Mr

[1:46:03] Holden but mayor will be taking care of

[1:46:06] that and did you need that in the

[1:46:09] executive session yes uh there may be

[1:46:12] questions that would be raised in

[1:46:14] Executives I'm sure it's going to be

[1:46:15] appropriate I mean

[1:46:18] okay Council

[1:46:20] all right we've always wanted the

[1:46:22] executive session though I didn't want

[1:46:23] to mention one other thing under City

[1:46:24] development planning I believe that all

[1:46:26] of you received the email regarding the

[1:46:29] speeding on Becker Street we're hearing

[1:46:31] that over and over again this time there

[1:46:33] was an accident and I guess maybe three

[1:46:35] weeks ago a child was hit so I don't

[1:46:38] know that we can remedy this

[1:46:40] obviously we can't remember any history

[1:46:41] equipment is what we would like to do

[1:46:42] but

[1:46:44] um if I don't know what the measures are

[1:46:47] but I think we need to take some

[1:46:48] measures it's I know we talked about you

[1:46:50] know the traffic study at seven and so

[1:46:52] on but there's some clear indications

[1:46:53] that we're having major problems about

[1:46:55] speeding within the city especially

[1:46:57] those stretches of road that had almost

[1:46:59] no stop signs so I'm just wondering you

[1:47:02] know let everyone know if you haven't

[1:47:03] looked at your email to take a look at

[1:47:05] email there's a car in someone's house

[1:47:08] so

[1:47:10] we definitely need to you know address

[1:47:12] it they've been coming from King's Road

[1:47:14] and you know we're here and here we've

[1:47:15] heard it all over and we've heard it in

[1:47:17] the past but we really have to get a

[1:47:19] handle on on what's going on here so

[1:47:21] just wanted to remind everyone to be

[1:47:23] thinking about that and what we can do

[1:47:25] about that

[1:47:26] uh with that I will ask for emotions to

[1:47:29] go to Executive sessions

[1:47:34] an executive session and public will

[1:47:37] have to leave

[1:47:39] foreign

Schenectady City Council Committee, July 17, 2023

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