sponsor for confirmation
oh my goodness
it's got to be a very difficult position
privatizing and unfortunately
it might it might run a little better
our veterans might get the support that
they need
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Ferrari
thank you madam president city council
mayor I have emailed you uh these copies
of what I put on up Frontier I figured
you guys would like a hard copy and what
do you put together here is the
organization of the project a
description of the project the amount
that was appropriated that the
appropriation date and any contingencies
or or your progress as we go along
as you can see uh you know uh we are
making progress every week we're getting
closer and closer to contracts every
week uh you know we're working with seat
now we're very close uh we're with the
uh the Schenectady Foundation you know
it's any day now so every time we're
getting closer and closer uh making
contact uh one of the things of the
Hamilton Art Studio they did get their
commitment as far as we know and we're
great at the process we're going to be
getting ready to go out to bid for that
we're still working to move a bit with
the the Miracle on Craig Street Craig
Street uh you know we're almost we're
going to meet sometime this week or next
week we're going to try to get all the
plans together so we can go out to bed
just to see where we are with that uh
one of the things I wanted uh two of the
things I want to bring up one of them
was uh uh we had a very close to running
contract or Proctors and what we're
doing with Proctors Theater is that what
we saw was that as we've gotten all the
paperwork I asked them like oh you know
just let me see uh your your uh
expenses that you're going to submit so
I want to make sure they seem to be
valid and what well what I found and I
wanted to bring it up to uh to the
council was that uh the work that was
done in which they did do the handless
bosses the toilets and the air handles
uh that was all done and paid for before
they even
sent the application out for Arbor so
you know they were granted that so I was
uh we were preparing a contract and I
was talking with our attorney that says
geez will we have to make the contract
go back a year earlier to 2021 or
actually uh you know they applied in in
December 21 and they didn't get funded
until actually August of 22 but the work
was not in August and September of 21.
so that was one of the things that uh
wanted to find out I did ask them if
they had other expenses at least after
December at least after the application
so as of yet to have uh provide anything
back but I just wanted to bring this out
to the council I don't know how you all
guys want to handle that or whatever
and the decision you got to make uh and
of course in the paper today there was
another uh article about the Aquatic
Center uh I guess they are it's a
definite move to Rotterdam
but uh I guess they still feel that we
should
uh give them the appropriation so I
don't that's a something maybe you guys
are going to have to discuss among you
to see uh if you're going to follow
through on that if you're not uh you
know what we're gonna what we're gonna
do with the uh the funds
as we get it back uh as I'm looking
through here and that as you can look
through and think for contingency
there's some of them that it doesn't
look like that's ever going to happen
but uh the YWCA again 21 million for
that one thing I don't think that's
going to happen I don't think the cocoa
house game the fight 3.5 million for for
their things you know I'm this is I
didn't speak to them as of yet but I'm
just saying it doesn't look like within
the next couple of months
for August actually one more month right
August and September uh that they're
going to be able to get those funds so
uh I just want to bring this out to let
you guys know because there's probably
something that has to come up to the
table uh probably gonna this need
further discussion and also uh what
we're going to do when we get this money
back of course I have a lot of ideas but
it's really uh up to you guys right
uh I'll take any questions uh that I can
answer if you haven't
so could you clarify again about the
Proctors project so they did the work
before they put in the Grant application
correct so that I'm just they did the
work and they paid for it before that
before 2021 one they applied to December
2021 they paid for everything as of
September of 21.
we're reimbursing them for the project
is what did we know that when we I
looked at the application I I they had
told me they spoke to someone here and
they said they said it was okay but they
didn't give me a name so I I really know
how that goes right as you know through
my experience it's probably something
they would just say you know but uh
yeah
Finance commissioner do you have a
recommendation with respect to how we
should proceed with that well yeah I
have a Bicester I have a biased
presentation only because I'm trying to
avoid Proctors but
you know it's for me I think it's a
difficult difficult decision I think
it's something like I said that's why it
has to be brought up to you guys uh you
know you can tell me which way to go uh
I I I think it's it's in the realm that
we can do that we'll just have to make
their contract
reflect that you know like their
contract would have to go back to August
of 2021. I mean can we do that Chris
uh we would have to do something a
little different to accommodate for this
particular yeah if you would do that and
that's not a that's it's something that
you know that has to be thought out
this is more of a reimbursement based uh
so it's going to be a different type
yeah it's different
please what did their applications say
they were going to do does that clear in
the application
with their application what they said
application would they do that's what
they actually did they got the handless
uh
handless faucets they got the handless
toilets they got the air dryers they got
all that stuff but they never said but
we already did all this and we've
already paid for all this stuff you know
like I said I have to read it again you
know I'm not I'm I look at the numbers
more than that you know we did this
already or or the wording as much as
maybe maybe an attorney to look at it
closer but I will review it again this
is something I brought up that I thought
was a little different you know I go
look I caught on this one
yeah could you get more information on
that absolutely you know if it's paid
for it before they even submitted it was
it a double Grant are they double trying
to get two pieces of the pot so that's
important for us absolutely and I'll
keep in mind I'm in contact with them
you know just move along but I just
wanted to let you know this as moving I
don't watch but here from I don't know
if anything else you know
last cycle you mentioned about the
Aquatic Center we can't fund any
projects outside of the city is that the
same today
but they can't find nothing outside of
the city they're using the answers well
again because it's snatching it's not a
city project you know I can we
I there's so much ways around everything
you know I I don't think it's I I you
know according according to what our
proposals was it has this has to be in
the city yeah that's the way we wrote it
up to be you know City projects you know
about the YWCA yeah
um
you said that they don't they're yeah
one one we already have a contract here
in front of them the second one where uh
let me just find them uh the YMCA the
second one
where they have a contingency of getting
a grants of 20 21. something million
dollars yeah
thank you
requires additional commitments of 21.25
million dollars by September uh
September 22nd that is for the Harbor
House
YW project was originally put in is
what's classified as a nine percent tax
Senate deal those are highly competitive
we're given one award to go for the
project on Crane Street I still believe
that deals very viable but it should be
structured probably at a four percent
uh text deal which is not a competitive
program but it's a negotiated package so
that
you put that together and still make
that happen
I'm not sure it would all come together
by the end of
this timeline September
you have something the framework in
place that wouldn't again serve their
needs and I believe the state is
sympathetic to
that project of making it go forward in
some fashion but just the financing is
going to have to be restructured and
amen President we can sit down and talk
in the near future about some of those
options and how it's best to
structure the financing to make it
happen
okay any other questions
I have a question on
if the youth baseball utilization it says
that the work has been started on
Michigan Avenue Fields yes we are just
one on Michigan Avenue we got the bid
for the wall Chris is not here today but
we got the uh bid in so we're going to
put in the wall that we're going to do
the infill bill to put where they're
going to put the picnic tables and stuff
on that so that's that is and started
you know a lot of the work's already
been done because we were there for
but some of the works have been done
yeah but this this is the big stuff now
you know that was the best to clean up a
little stuff okay and so what about the
Oregon Avenue part of this is so how
much has it been spent and will there be
any money left to do that part of it it
says Oregon Avenue and Michigan Avenue
yeah I have not received anything on the
organ at Oregon Oregon Avenue uh Park as
far as I know uh like again Chris Wallen
is handling that I think he's not here
tonight he did not mention organizing
for me when we were discussing these
things so okay no I noticed that was
it's written in there as part of it but
it doesn't say it's happening it's
happening over here
any other questions
so I know that previously you're saying
that you have some trouble contacting
certain you know people or certain
agencies
um is there any uh agencies that you're
still just having issues with you know
even getting in contact with a sports
conversation the Kiwanis Club I seem not
to be able to get a hold of them too
well the finance club uh
and uh what's the other one uh
Craig street but I did finally get a
hold of somebody over there so I got
that going uh working around with the
Empowerment Center so that you know
breaking through with that uh uh uh
what's the what is uh the pastor at
cocoa house and I you know we just got
contact with him
so so we were starting to make way
things going aggressive yeah yeah
because you were here talking on TV
they're hearing me to contacted me yeah
so uh guys from kiwanises and stuff like
that if you hear me call me we gotta get
those picnic tables done before the end
of summer
oh yeah I think that's going to be great
yeah yeah that's something we're going
to start doing uh and we're going to
start processing the letters and have a
lot of partnership approving before we
send them out okay and they're gonna be
very nice yeah okay
all right
so um thanks
everybody's okay yes so um the next well
I'll send an email about we can have the
next time so we'll kind of have a grasp
on yeah that's what we're doing you know
we're as you as we're going with this
process you know uh you know Christian
and the Maurice they're doing a great
job they're really pushing uh at
everything too then we're getting things
done you know all right all right all
right thank you well thank you sir
would you like to have it back in two
weeks sure okay thank you any other
business support Finance motion to
return all in favor uh thank you I'd
like to call to order City development
and planning we have four items on the
agenda uh the first item is authorized
the abandonment and sale proportion of
large Street it has Mr Walling but okay
this one has someone here to represent
him
uh
all right so large street is located
between 633 and 651 Lansing Lansing
Street it's a small Dead End Street uh
this street also serves no current
greater benefit to the public the
abandonment and sale of this property uh
should not detriment the city in any way
conversely the sale will help Foster
maintenance of the land and his current
that is currently being neglected as
such there was a public hearing held on
Monday April 24th 2023 at 7 pm in order
to receive public comments and related
to the abandonment you did not receive
any comments so we are requesting
authorization to abandon and the sale of
the portion of large Street and we also
provided just three Maps so you can see
that tile that's outlined so the first
map shows the full Street as it would be
parceled out and then the second map
shows what the new property
um for the adjacent neighbor on the left
would be outlined and then the new
parcel for the property on the right
side and how that would be lined up any
questions
thank you Mr Brown
so the next item on the agenda is
discussion of zoning the candidate shop
of a moratorium
um smoke shops
you'll see the um the legislative uh
requests in your packet so um you just
need to read through it but part of the
reason we talked about this kind of in
January when we were talking about
um
abuse for various stores and none of
that came when came to the legislation
that was being done by the Law
Department that we all got back in
January and cannabis was a part of that
and in addition to that there was a list
that was generated of they were called
kind of convenience stores but it was a
list of 28
um stores and if you if you recall
almost all of them had the name smoke
shop in the
um in the name of it and that was
generated in January so how many have
happened in the last six months not
really sure
um given the fact that they are fully
funded now to do the um the current
operators which is the conditional use
the social justice part of it which
initially was going to only be 150 now
they've gone into 300 and and so as you
can see in the legislative request the
um that's the dormitory Authority is
really talking about pushing out and
really getting more of these open so in
light of that I asked Mr Mari if we
could maybe talk about it because we
want to be prepared to be able to have a
Zone where these can cannot happen in
the city of Schenectady when we
initially talked about it about passing
it
um
that we were talking about first it
didn't happen like that so we're at a
point where we do currently have one
that's open that has drawn some concerns
from the community so going forward it
would anticipate there will be others so
we really want to make sure that we have
some zoning in place
um to to take care of that so that
people know where they can and cannot
have it and part of our discussion also
um cover the smoke shops as I think we
can all see and I've heard from many
people that they're just popping up all
over the city of Schenectady and part of
that I've I've heard I don't know what
to be true or not is that people
anticipate that they have a smoke shop
they can almost like just slide right
into a cannabis shop so that was part of
our discussion in terms of the zoning so
I will um Essence to Martin to tell us
about what the state says and what we
can do and then we can have some further
discussion uh sure uh so at least with
respect to cannabis there is a lot with
respect to Zone that has been preempted
by the state
regulate certain aspects of the cannabis
use but what we are able to regulate are
the kind of the time place manner
restrictions so while we can't do
anything with respect to the 1000 foot
rule that you may have heard about we
can determine what zones cannabis sales
are going to be permitted in
and
specifically we can do what's called
kind of a zoning overlay because we may
not want to apply it to all of the
commercial districts but there may be
certain areas within the commercial
districts that we want to apply to many
of our commercial areas they do tend to
bleed into a residential zoning District
so months and months ago when we met
with development the planners had been
looking at
a zoning overlay which would be kind of
an adult use zoning use overlay over the
major Criminal
um
so we do have some control over uh with
respect to the Cannabis uses what they
look like as well
um you know just like we do with any
other zoning with respect to commercial
Enterprise you know what the shop is
going to look like I will say the state
is already very very restrictive
um as to what a licensee their shop can
look like there's no paraphernalia that
can be visible there's no cannabis
leaves that can be visible our
flexibility with respect to smoke shops
vape shops puka consumption tobacco
consumption much much more flexible
because there is no State preemption
there is no State Licensing for that so
we could in fact impose restrictions on
the distance that those shops are from
each other that the distance that those
shops are from schools and churches and
other similar uses we would largely the
recommendation would be to parallel
estate definitions for cannabis uses in
our own zoning code and kind of follow
ports for that and then we can apply
those similar restrictions to the Smoke
debate the hookah lounges and ultimately
the goal of zoning we want to treat
similar uses similarly so we don't want
to treat them separately those are
similar uses they should be treated
together
I know that there was
discussion to a moratorium
for those uses and that would serve as a
halt to prevent any further
applications going through until this
zoning was in place ultimately to do
that really is a conversation for the
council to have is considered a drastic
remedy and there are a lot of
restrictions that need to be in place
and a lot of things that we need to bake
into the ordinance to ensure that we are
doing it lawfully typically though a
moratoria is used if we're concerned
that there's going to be some sort of
mass development rush like the the city
was proposing major zoning changes and
we were worried that all of the
developers were going to rush to City
Hall to pull permits and try to acquire
what we would call a vested right in
that project so there may or may not be
a concern that that's going to be the
case here for smoke shops and hookah
lounges and cannabis uses especially
considering how owners the licensing is
for cannabis
um that being said it is within the
council's power to enact a moratorium on
these uses it just is going to need to
be for a reasonable time for us to put
the zoting in place six months would
probably be more than enough time and in
fact many of these changes are are
really minor tweaks I will point out
that at least as it stands today the
only cannabis use that is permitted
under our zoning code is the
of cannabis the retailers we do not have
a use defined for consumption and in the
world of zoning we do not have a use in
it is not permitted if it's not a
specifically stated use it is not a
permitted use
so that currently wouldn't be permitted
uh and um
uh trying to think if there's anything I
left out but
um yeah I mean as it stands now it's
retail so largely the the what would we
would be looking at is parking I think
that the queuing is something that has
come up as a concern for uh members of
the public so we could have some
language in there for that
um you know the likelihood is that as as
it becomes a more common use we'll
probably see less of that
businesses but
um many of the smoke shops that we are
perhaps hearing about have not gone
through the land use approval process
anyway so I just want to be very very
clear that zoning is not not um zoning
is not what we would use to
um uh to combat illegal sales of
candidates that's not really what zone
is going to do that's still a law
enforcement matter and many of those
smoke shops that have open or vape shops
they don't have approvals to operate
anyway they don't have site plan
approval they don't have a certificate
of use
um so these are mechanisms that we have
in place already it's just a matter of
enforcement but certainly uh we can put
in place
um you know zoning that specifically
speaks to these uses to ensure that the
parking and and some of those other you
know effects are on a meal here
any questions coming
up
we submitted a
legislative request and it's got a
recommendation proposal
for Zoning for Canada shots
just as a starter or discussion and it
would put the establishments in M1 and
M2 districts
would have language similar to that to
the state as far as what it can be near
the idea behind the M1 and M2 very
similar in nature to the adult
bookstores but beyond that
um there's plenty of parking there
wouldn't really interfere with other job
uh other small businesses
there's plenty of space
so the issues that maybe we're having
currently on Union Street
it wouldn't happen in other areas so in
the industrial zones so that's what
my proposal is to put them in those
areas I think it would limit the impact
on the residents
in the neighborhoods who are near the
smoke shops near the cannabis shop
excuse me and would help alleviate a lot
of the issues that we're seeing
so where are the m1s and the m2s in the
city right now I believe one is on Max
and Road and there are one on the bottom
of Broadway Hill
um I don't know all of them but
sold that Carvel downtown
entirely
I believe the part not most if not all
of downtown
my thought there is why we have a
downtown which we're trying to make
family friendly why would we want to
have a cannabis shop there we can have
it in other areas people can partake and
do what they want with the Cannabis and
still be legal and uh
still not impact others so it would be
allow people to partake in illegal
activity but also not impact other
commercial operations
um so Mr Marney does that in any way
conflict with or anything in terms of
the state I mean I think we should take
a a real deep look into that in terms of
that that's very limiting
um no uh so the council has the
authority to determine what zones are
what you cannot do is eliminate has to
be allowed somewhere I would say with
respect to surviving kind of a
constitutional challenge you
have difficult cannabis should be
treated the same as tobacco because they
are similar uses So to that you know I
would say in what many of the
definitions tend to pin it on is what is
their primary source of income at retail
is it
if it's a grocery store that sells
cigarettes that's not the same as a
smoke shop that's found that sells big
you know Vape supplies and tobacco
supplies and those so those uses are
largely similar to the Cannabis zoning
and largely should be kept together but
as far as what district they're
permitted and wholly the choice of the
council as long as they are permitted
somewhere
it's largely it was similar to adult
uses as well this was when they came up
with the 70s where it was municipalities
trying to Zone them out oh man and the
case law is that you have to allow them
so on which is usually the manufacturing
districts
either we put this on the agenda and
those came afterwards I just wanted
I just want everyone to think that and
why wasn't including their packages
absolutely so something that's very
special to me that I'd like to uh see a
moratoria on smooth shopping shopping
um
here in the city my recommendation would
be as Mr Marnie stated a few moments ago
like a six-month pause so we can get
together and see prevent these smooth
shafts from popping up on every corner
boob shots
um
is also attached here governor
on the last page there's a
actually print this after cutting down
smoke shops and bait shops down in New
York City that I'm not saying that it's
happening here but there's a lot of the
Negro marijuana sales and coming out of
these shops that are just popping up
with other paraphernalia there another
huge thing is youth grouping probably
nine years old I don't know 10 11 12.
there's some studies that I've got here
about
27 percent of 12th graders had reported
vaping in 2022 it's not going to fall in
from any of them and it's not good for
us and I don't think it should be
available
three in every neighborhood
and do this another thing is I do have
if anyone wants me to send them I
realize that the town of Bethlehem had
filed the local law with New York State
Department of State for a moratorium on
vape shops
and of course this would all be from the
legal department you know moving forward
should we but I thought interesting and
it's the purple it's the purpose of the
local law to fulfill the town cities
constitutional statutory and legal
obligations to protect and preserve the
public health welfare and safety of all
the citizens of the city and to me
that's a lot of the youth as well as
anyone else and you can't make your own
decisions so I just wanted to bring this
forward because I had been working on it
for a while so I present this to you as
well thank you
so Mr Marnie um
brings up again about the more time so
um I mean you know the discussion
regarding that we did do one on
convenience stores oh my gosh I didn't
realize it's been so long ago but this
has been a number of years I think 2014
is when we did that but there's got to
be specific reasons as you said so we
would um need to to be able to discuss
that
and talking about the current stores
that we have though you made a point to
say some of these stories don't ever
don't even have a certificate of use
so
um
for me part of I think what we should be
doing is looking at all the stores that
we that we have on our list and know
more that are not on the list to see if
they don't and to remedy that whether it
means that they get shut down or
whatever that it means you know but to
just be able to open a business without
going through the correct process
um with the city
should not be happening
and they shouldn't be able to yes Mr
Mayor
uh my name is on vacation this week but
he had sent
officers out last Wednesday or Thursday
sightings some of these businesses that
are non-compliant uh for getting started
that processions
starting that process to identifying and
to get them into compliance
and part of their compliance they have
to have
um they have to have a permit by New
York state to be and I know that we've
been to Stuart well and time has been
stored as a result into battle that
didn't have the permit to even
uh to sell so that each one is a
different story something of some level
of compliance some have pretty much no
compliance and
how do we go through identifying and
where we want
to be here I wanted to play by the rules
again don't want businesses they're
going to create an adverse environment
for invasive businesses or property
owners
thank you Mr Farley so I think um if
we're talking about
um
uh similar treating similar use
similarly
um then I think that it would be wise of
us to look at to really pay attention to
the
you know the social justice aspect of
cannabis and to make sure that we're not
um
that we're factoring that in as far as
especially if we're talking about zoning
and a lot of
uh the thought behind this was to write
the historical ROMs in the marginalized
peoples from marginalized communities
who have lives have been impacted
um adversity impacted and
disproportionately impacted so I think
that's something that we have to keep in
uh that's the lens we need to look
through if we're going to talk about on
you know Zoni and or even you know the
compliance that that we have because it
seems like we're talking about using
existing things that we have in the city
um but putting being intentional about our smoke shops
um so I'm just thinking about that
anyway well is that something that you
know we want to just look at you know
all of all of the businesses that are
operating without uh the appropriate
certificates or odd compliance I just
think about it when we start to narrow
the focus I just don't want to have any
um unintended uh
consequences of being disproportionate
and how we're moving forward
the building inspector's word choice was
he was having staff do every business
look at him for compliance so some of
them tended to be the newer smoke shops
that had just shown up that are more of
a problem but looking for compliance
across the board
this week and I'm just going to add I
think we're talking about two different
things or what it was uh presented by
miss the Toro if we're looking at like
the regulations aspect of identifying
these zoning overlays but then also
where is that in comparison to
enforcement which are two completely
separate things and also looking at the
scalability of our response Mr Marney
you can absolutely uh jump in if you'd
like uh it sounded as if you were
identifying that an auditorium was an
over response that was particularly not
necessary unless we're anticipating a
huge influx of developers which you said
was not the case with our city
um it is legally considered a very
drastic remedy but it is only up to the
council to determine whether or not they
feel it's more interested in this
situation there's five large criteria
that we have to meet as the reasonable
time frame it has to be valid public
purpose it has to address the situation
that is being shared substantially by
the public at large and there's a strict
procedure that we have to adhere to and
it has to have a time sir
so the law looks disfavorably upon you
know
yeah multiple extensions and kind of
taking that hand down the road but
ultimately whether or not to pursue that
is going to be up to the council they
can direct the Law Department to draft
that ordinance and you know it would
largely parallel
um uh the Bethlehem importance that that
appears to be very well researched and
there are templates that we've done to
do that
as far as the moratorium goes I think
it's reasonable to make it six months or
less whatever that would be but it would
allow the city the opportunity to go
through find the businesses that are not
operating legally have been addressed it
would also allow the council time to
figure out a zoning issue for smoke
shops so I think that is a reasonable
time frame
whether it's six months three months
whatever but that would allow those
activities to be done without new smoke
shops opening there's complaints all the
times that the neighborhood meetings of
just in Bellevue alone they're six Goose
Hill there's a whole pile I'm sure every
neighborhood there's a bunch and people
are complaining about these being opened
as far as the Zoning for the Cannabis
shops I believe there's case law that
would be in our favor I don't remember
it but I can get that would be in our
favor for the zoning of m1m2 again
plenty of parking won't interfere with
other commercial areas they're
relatively easy to get to in terms of
Transportation so
I understand some of your some of your
concerns but I think some of those are
alleviated with with ability to get
their relatively easy and still partake
in illegal activity so I think you know
I think that's a reasonable thing the
city's done it before it's nothing new
the same with the moratorium and I think
they're worth considering
yes that's right so um I I would just
say
um so the concerns that I had are
aligned with kind of what the state's
doing right now and I think that
because the city has done things before
I don't know that the city has always
operated with what we would uh theme of Equitable lens I'm not
saying that hasn't but
well I will say that it hasn't always
done that so being that this is a kind
of a new industry
um and a lot of the reason why this
industry is now existing is to go is to
write some of those historical wrongs
then I just think that it's really
important that we don't use the same
maybe uh existing uh metric in order to
measure if we're being Equitable or not
that's what I'm saying
okay um so
is it the opinion of the council
generally that you want to move forward
looking at avenues the Law Department
look at a moratorium on smoke shops
footage discussion around that
I I think I think it's definitely
reasonable to look at it again
treat someone with any similarly you
have to acknowledge that there is a
some more um
some more factors that we got to be
considered and those factors are around
Equitable access and a ability to
participate in this growing economy
industry
um I thought I thought you were when
you're talking about the Equitable
access you're really talking about the
cannabis well right well what I'm saying
is that uh of Mr Martin's were saying
that teaching similar things similarly
so if we are treating them similarly
then I just want to make sure that we're
um that we're using the you know the
Equitable lens that's all because we're
not talking about a moratorium on open
canvas correct all right okay
thing
Supermarket selling tobacco so I think
is it what you meant the smoke shop
selling tobacco versus another small
individual something just selling
tobacco
right so it's right yeah like a grocery
store selling cigarettes is very
different from the percentage of a home
store or cannabis retail Lounge
um
so those civil reviews yes we want but
we're not going to lump in you know the
stewards
part of part of it they sell cigarettes
but that's not their primary source
so having this question like is there a
formula around like how we could
understand like what their primary
resource income is right because I think
because I'm just not really clear like I
mean if you say like Joe's Smoke Shop
and I think it's a pretty fair
assumption to say it's a smoke shop you
know but outside of you know is there
some
that we do
it's largely baked into the definitions
for those specific uses
um and and the goal is to try to capture
businesses that
that's really not the primary use
so uh you know sometimes it's a percent
you know percentage based uh I think we
did it a very similar definition
um with the certificate of use
uh
I believe where but um yeah
so we had defined it um
saying that it's uh premises for
cannabis Canada nicotine tobacco are
sold for consumption on the premises or
where these products or related to
paraphernalia are primary are the
primary source of income at retail and
cannabis or tobacco retail stores smoke
shops vape shops Google lounges
consumption managers and the like and as
of now we have very specific definitions
of at least the candidates uses that the
state has provided for for their
legislation which we would largely use
then parallels but not so much for the
smoke shops okay
nice to talk thank you
um so I can have uh send this to
Samantha and have her send out I think
you have it the copy of the town of
Bethlehem local raw filing this might
help you Mr Farley is vape shops um they Define as a retail outlet with 25
or more of its retail space devoted to
selling Distributing any electronic
cigarette vapor product Etc they came up
with the
description for a smoke shop a retail
space solely devoted to selling or
Distributing any tobacco electronic and
then of course it goes into the Cannabis
but and those two things might happen I
can send the copy to Sam and she can
send it out to everyone if that's okay
and in that regard the moratoria will
serve to preserve the status quo so it
just puts a pause and then you guys will
still have to go through the public
hearing process and and uh and and
important to developments
so with regards to that what was the
time frame you would need to actually
give you that language
um and also I know that tonight you
certainly in terms of the zoning part of
it and
um and maybe I should just add um I
don't
um I think just relegating it just to
two like way way outside the city
um puts many probably businesses at a
disadvantage so I'm open to looking at
places outside neighborhoods so it's not
concentrated in neighborhoods but I
think that if we can do some type of
overlay that kind of says we're in other
business quarters because I know that's
part of the legislation that New York
state says that they can be in business
cards that we should be able to look at
that as well
[Music]
um with respect to uh moratorium that's
the council's wish we could have been
prepared for Monday
and put that forward I do think that
with respect to the zoning changes it
would probably take approximately three
months to go through that process and
um
counsel about how they would want to
move forward with that so we can draft
ordinance that reflects the council's
wishes or what the mayor's consent
involved with the Department of
development
but
between is that a conservative timeline
or is that like as soon as possible um
the the changes the reality is that the
changes
um are relatively minor I mean we
already have the framework in place so
you know this is just some tweaks to the
existing zoning ordinance to add
definitions to add some parking
restrictions to add you know some
queuing language and then uh change the
zones and it doesn't matter in the city
so um you know it's not a it's not a
heavy heavy lift
should have to go to the Planning
Commission
the recommendation on it is a
discretional referral
I'm sorry could you just explain what
that is sure you guys may choose to
refer any proposed zoning amendments to
the Planning Commission for their
opinion as well
it is not required
but this could have added some time
depend anyone kind of something
yes can I just ask one more question so
you mentioned the adult use aspect of
the um when you were talking about the
zoning overlay
and so would that just be for this
cannabis or I mean there's other
businesses that are just adult use
alcohol liquor stores Etc so we if one
was to pass something like this does
that then set a precedent around other
types of businesses outside of cannabis
and what does that mean in terms of
future Economic Development and Small
Business Development within the city uh
so it would be specifically defined to
just include what the council wanted to
improve so I think that the just from a
zoning law perspective the the Cannabis
and the tobacco uses are somewhat
distinct from public restore but if the
council wanted to include liquor stores
in in that adult use overlay it
certainly has the right to do that
but uh you know the the smoking uses are largely similar so I've had a lot I
would love them together and that you
have the the drinking uses it
would not include it wouldn't include
other adult establishments those are
already provided for in the zoning
ordinance unless the council wanted to
change that and they are already
restricted to the institutional or the
uh the manufacturing districts
adult entertainment uses
yes and do we need to revisit anything
um if and when
the other aspect of this is the launches
which we obviously have the opportunity
yet and I think it would be a while
before the state gets to it as well
given how this role has it would be my
recommendation to improve
with whatever zoning amendments they're
making that the consumption aspect of it
it's been I think it would be worthwhile
to look at it's only a map of the city
because I think some of these M1 and M2
zones would surprise you as to their
locations within the city I obviously
don't know all of them but like I said
the one smack right at the bottom of
Broadway Hill that's not out of the area
I mean the Max and road is okay I will
concede is on the outskirts but there
are other areas within the city that
would fall in this category so I think
it's worth looking at before creating an
entire new zoning level this may perhaps
fit the need
did you by any chance
um obviously I think we all heard
complaints when we found a store first
opened but I've been monitoring it
almost daily
um and I you know clearly the the line
has dissipated
um I myself haven't been getting any you
know more complaints since that first
few weeks of the store being in business
so I just want to know if you had gone
back and spoken to any business owners
or other people
um I mean I'm totally the youth aspect
of this obviously
um you know I I'm completely supported
the idea of not being here youth zones
and of course that's part of the
regulations to begin with
um but I was just wondering if you've
heard other complaints more recently
from business owners yeah there's still
ongoing complaints um
with parking and with people lining up
when I went by last week there was a
line so maybe we're going at different
times but I think it depends when you're
there there's lines and there's not and
I think there's still concerns as to the
parking and of course not everybody is
bad because no matter what you do
there's like one out of ten it's going
to be not conforming to appropriate
behavior so but there's it's smack in a
commercial Zone with small businesses so
you know when you could get that if it
was people lining up for the tennis shop
you know so you know to be fair to the
right to the cannabis shop I mean I
think you get that regardless but I I do
believe with the emphasis with the
school the dance studio some of the
other aspects the negative aspects
towards the parking and some of that
those type things I think it's worth
looking at
um just to be clear regardless of what
we do Zone Zone forward that will not
impact that location
like that yeah right so
yes so I'm just um has anyone spoken to
the
shopping question like directly because
I know that we've probably talked to
other businesses who's looking for
having to talk to the owner of that
particular
shop I have not find out the mirror and
the police chief had and he's trying to
do the right thing I'm not I'm not
attacking Mr Andrews let me let me just
be clear now no no I just I just want to
make that clear yeah yeah he's opening
he's got a business it's a legal
business he's doing the best he can but
you know there are issues with the other
businesses around there
and how do we
balance that to make everybody happy so
I was I was mentioning that because I
was going to say there might be some
things that are within his control that
he can you know and I wonder if maybe
help them facilitate the conversation
with him and um other business owners to see you know because sometimes their
perception might be he's making some
decisions and that's where it looks like
this and then the reality might be
there's illegal things that he has to
adhere to which is producing this result
that they might be desirable and maybe
with understanding that then you know
they could do that you know have a
different perspective because again I
just want to you know I know that that
is a small business owned by owner
operated by person of color I don't know
how many businesses on that strip
um is owned by people of color or people
from marginalized communities and I
think that again the entire
discussion background of this is about
you know addressing some of those things
so if we're not asking those intentional
questions and maybe having lengthier
conversations and adding in a new lens
to look at what's existing then we run
the risk of perpetuating a problem that
this is trying to solve and I wanted to
say if we understand that as a counselor
then that's how we have to be making our
decisions even when it's uncomfortable
to bring up a talk while we still need
to do it
and I would say also a completely
restricting that access to our downtown
area which is clearly one of our biggest
selling points within the city should
require a lot of in-depth conversations
which to your point Mr palomini is a
direct reflect of just our immediate
perceptions this one story
okay
so um so and just for the record there's
a lot of zoning stuff actually you could
like probably do with a whole new
Zoning for the city because there's a
lot of things that are currently zoned
one way that would the way our city is
changing over the years
um it's been a couple decades I think
coming uh 2008 was the last time okay
um that we haven't had a overall zone so
this this is probably going to come up a
lot
so maybe we should just just put in your
mind that we should think about doing an
overall zoning um throughout the entire
city not right at this moment but
something to consider in the very near
future
um
so at this point it again the question
so yes we need to
um I would say we would what input do
you need from the council in terms of
the zoning what do you need to move
forward on that
um so
with respect to the zoning
um we largely need direction on
uh what path the council wishes to
choose in order to drag the ordinance so
just to be very to clarify there's the
path where you choose what district
um that those uses are going to be
permitted in or not permitted in or the
overlay path which allows greater
flexibility to allow that use in
multiple different
zoning districts but restricted to
geographic area in that District so it
essentially floats over the existing
concerning versus
making those uses only for you know
permitted in the C1 two and three or the M1 and two or just the M1 so those
are two paths that the council can take
and then uh you know the the rest of it
would be you know the parking which we
would we would need you know a planner
to get some recommendations on and
um if there would be need to be any
language with respect to out queuing of
those uses and end up in the lines and
then any any other
um you know any other reasonable
restriction with respect to
the the look and the exterior of the
Aesthetics and then with respect to the
smoke shop specifically smoke with a
non-cannabis uses uh
restrictions that are available are much
higher so we can add footage
restrictions we can to those types of
amendments in the ordinance the parallel
maybe with the Savior with the Cannabis
licensing
so those are the directions and then
with respect to the moratoria you know
that is largely something that's going
to be a creature or a law and we can we
can the Law Department can draft that if
that's what the council wants
[Music]
so this is really up for the session so
at this point in time
um
if the council chooses we can decide to
move forward with at least the
moratorium if that's what um
the direction we want to move in or
um
I wanted to know from for me Mr
um how like if we decided we wanted to
look at both is that just too much to
ask to look at the district versus the
overlay
um yeah yeah so if if you want to put
the moratorium in place that pretty much
puts freeze on anything and then the
council can weigh and have discussions
of the way the pros and cons
I think
at the beginning of drafting you know
before we put pen into paper we're going
to want to know that direction the
council would like to go in but
certainly you can discuss
the pros and cons of either the path
either restricting interest to certain
zones and letting it in those zones or
creating this overlay which would flow
over the existence
and truthfully that is largely a policy
decision to do that it's not a local
question
yeah
so the question is on the table whether
we're moving forward or not with the to
move the moratorium forward to or to
wait for that and what the next
committee meeting which is actually
three weeks and not two because we have
how we have the fifth Monday
yes
if you want to consider that more
for the day forecast Mr Williams well I
think in instance Israel we can solicit
feedback from like more Partners
absolutely because this in the best
position to make the right decision I
was originally opposed to six months and
I was looking to do something a little
sooner just so we can try upon the
importance of getting to a decision soon
later but I think with respect to making
every consideration possible without
continuously delaying this I think it
would be appropriate to get or seek the
opinion of the Planning Commission
in terms of the military uh not the
moratorium but with uh moving towards uh
redistricting the zones or the older
base
yeah
if the capsule put into places six
months
so if things move faster
it would be good what tends to happen is
it moves slower and you extend it and
then people could feel aggrieved and you
know the name give the potential for
some litigation there or less than
opposing outcomes
I don't know
so I mean I I at this point I just
wouldn't be comfortable with uh moving
forward with that just until I think
that there's some just some questions I
would have to be answered
um and I think that there needs to be
some additional lenses that we're
looking through on and looking at maybe
some other unintended consequences
that I would be more comfortable
bringing that back
let me talk about the more time yeah
they are driving me to I guess how I see
this about making the
right decision rather than the fast
decision
I think I'd like to revisit it
um I think
that I mean for example
for six months it says no new
applications for Vape or smoke shops and
sale of marijuana or marijuana products
I'm not really sure I mean that would
still be something that has to come down
from the office of Campus Management
anyway right in terms of getting a
license to someone who sells canvas as
opposed to the illegal activity that's
happening which obviously is an
Enforcement issue and not a
I mean that so the licensing is is
distinct and separate from
somebody's ability to see the land use
approval within a municipality so the
city council is within its authority to suspend use entirely
they can still work to get their license
into the state but it's distinct and
separate from any individual's
permission to operate a business so to
say
so we put six months in with this
language
doesn't change anything around someone
and being able to legally open a
marijuana store but cannabis it does it
does they they could not legally open a
Canada's retail store in the city is
connected freeze I'm going to be frozen
the state's license doesn't override the
municipalities ability to decide where things are going to go within
their parents well that's the zoning
piece because in terms of the moratorium
as presented here
um
I mean it does the zoning is different
from this they're two separate kinds of
they are the zoning is what gives you
permission to have your business here in
the city
I mean definitely in favor of
trying to occur what's happening is the
rise in the number of smoke shops and
The Vaping and the youth that are being
affected by them I'm not so sure
I don't know I still need some time to
think about it
lions
so why don't we allow them is that to
look at that reinforcement to make sure
all these business come into compliance
in terms of getting your license
interviews and being complexions yeah
and if they're not they then perhaps you
know
it's not affecting current businesses
it's just new
like what we did with the uh
convenience stores
it's not impacting current businesses it
would only be your businesses and in new
businesses that are going through the
proper process right so it's not going
to address businesses that are opening
up illegally and it will not do anything
to impact existing businesses
the moratorium is optional
um it's just to preserve the status quo
and and generally prevent what we
consider that Rush lawyer you know
developers are running into City Hall to
get there to get their permits before
the city changes designed
did you ever think so no no I just
thought I was back to that I mean you
mentioned about possible region
you know sensitive about that being on a
lot of reach and do something that is
there a problem yes it was a problem
about them they are enforcement went on
to Portland it's allow that to work and
put these things employers into the rest
of these things I'm going to back up and
say I mean because I wasn't really
thinking in terms of the new aspect of
this so in terms of new shops opening I
don't think that any in terms of the
Cannabis shops I don't know how that
it's going to be a while before we've
probably even see another license in the
city of Schenectady but I I don't know
that to be I I know this but let me tell
you there's people that are currently
looking so I don't know get licenses
yeah yeah so I don't know what the time
frame is because I you know I haven't
had those discussions with anyone but I
do know that there are those there are
entities that we are trying to
um get cannabis licenses so which is why
we need to have our zoning in place so we can figure out
and make sure that they're in places and
again I see that as a separate the
zoning I see is accept a little bit of a
separate thing but I do think that
obviously we have to cut back on the
number of these smoke and vape shops
that are opening all over everyone's
neighborhoods
um so I see this I mean in that sense I
could see supporting the six-month
moratorium on new smoke and book vape
shops
I think part of the problem is that some
of them don't even go through the
process though right if that's where
it's not an enforcement aspect of the
current ones especially
has to happen I think that's what Ms
tutorial was mentioned in terms of
what's Happening currently
absolutely that's where the moratorium
would be handy it would allow the city
an opportunity to go through identify
those businesses that are operating
building right have them addressed not
impact the smoke shops that are doing
the right thing
and then also give us time to figure out
all right there's X in this neighborhood where do we need
to put them and so forth so that
moratorium buys the council time in
order to address those issues and it
really is not a overreach
um like I said there's case law that will support the city on that
um
and so I think the moratorium itself
would
not impact the current businesses allow
us to enforce but also address how many
we have in each neighborhood so we can
create a proper Zone
I don't know about this to move over
there we're here when you did previous
moratorium on the convenience stores
right
um so I just
you know I just also
you know I mean
we have to be I feel we have to be
careful around precedence as well
because
thank you
there's future councils
around judgment calls and value values
calls around types of stores that might
open I don't know I'm just throwing that
out there
um
you're correct so as we have passed
previously um convenience stores and we
have seen the same thing happen over one
of those things
so let's Outreach let's
I mean most days when we're talking
about these smoke shops are really the
business setup yeah so that's perfect
more retirement I'm going to stop anyone
from opening up the store that's not
they're going to still continue
so we need the enforcement they can't do it
well I think um just just sorry to
interrupt you just to be clear so he's
saying these stories aren't going
through the process they're not going to
the Employment Commission they're not
coming through they're just putting a
sign up and said I'm here and they're
open so illegal ones would still
continue to work because I guess
that's the Enforcement issue right and
that's what I'm talking about the
aggressive enforcement allow that to
work and bring them in
like that that's great kind of graduated
intervention I think is the best way to
do this right so right now
um we have existing things to um hold
businesses accountable too let's let's
enforce what is on the books now to see
where that puts us before we start to
create new
um
creating another intervention especially
if the
problem is that they're operating
illegally as well they can't do that now
and you know he didn't want to tell them
that they can't do that now so we
reinforce those on the books now and I
think that that again gives us time to
be mindful of some of the unintended
consequences that might happen if we
don't go with the graduate intervention
if we do have a moratorium in place and
smoke shops open we know automatically
they're illegal it makes it that much
easier to enforce while also enforcing
what's already out there and then
leaving the
legal businesses to do what they need to
do and operate properly so it allows us
that option of being able to enforce
easier as well as cleaning up what's
already there that's that's really the
one of the nice things in the moratorium
is if I open up an illegal smoke shop
tomorrow and there's a moratorium in
place and people in the neighborhood see
it they automatically no I'm illegal so
it's easy to enforce and then we can at
the same time enforce those that we have
to do the paperwork and find the Paper
Trails
but I also think that we have a
responsibility to encourage businesses
to open up here in the city and I think
that if if someone is
opening a legal business in the city and
coming to the mayor's point is playing
by the rules and I think that you know
that's that that's fine and if someone
plans with opening up a business and is
going to play better almost follow the
uh the things that are set in place for
them then I'm really not want to do
anything to discourage anyone from
opening a business here as long as
they're doing the right thing so I don't
think that I just think that being
something what I'm hearing it just seems
like
there's things that we have to to likely
address some of the smoke shops that are
existing whether they're legal
um especially if they're illegal you
know I think that first
um before we see you know move into
something that is uh to a Corporation
Council floor I believe it was it was
drastic or I guess
what was all considers it's an address
around it it's a drastic remedy yeah I
think that we should probably avoid that
let's start where we're at now before we
get to a Jurassic tournament
yes Mr Turner um so even Mr wooden motiv
Aaron just stated that it is
a problem and it's struggling here in
the city so this is just a pause
three months six months with the six
months on it just to see I mean how many
more do you want
um on Van Rankin Avenue I mean just for
instance and would you be opposed to
five more smoke shops opening there I
want every business in the city to
succeed I want small businesses large
businesses that's what we need to keep
our city together as it is and moving
forward and that's a good thing but this
is a problem of vaping
where children have access to it
children see it I mean I'm just saying
this is a pause I couldn't whether it's
overreactive or not it's a pause it's a
small pause so that us as a council can
get together
and decide what we'd like to see moving
forward and again I think Governor
Colville said 50 there's 1500
um
unlicensed smoke shop and big shop big
shops in New York City I think it's a
lot bigger than you but still without a
moratorium this then we can see who's
opening up close them down right now and
give the businesses who do everything
legally and open up their shops
the chance to stay open and succeed
versus an illegal shop Two Doors Down
I'm always taking business away from
that right
it takes some months for a business to
open anyway so if they go through the
legal process it's going to be a few
months before they open if there's
somebody already in the hopper we could
address that and let them open up and be
excluded from the moratorium but if we
have the six-month moratorium we finish
in four months we can say it's done
anybody wants during that time it would
probably take that long for a new
business to open anywhere so we're not
going to impact people who want to do
the right thing and do things legally so
that process does take poop and that
moratorium wouldn't really impact those people
well um just to be clear though if if
we're having a moratorium then people of
Mr morning cannot even put them in an
application is that correct uh that is
correct um
it's like ready to meet with the
Planning Commission Now they already
have their application in that's what
I'm talking about I'm not talking about
new applications just to clarify because
I understand what you're saying
most of the moratoria have a hardship
component to them
included come to the council and apply
for the agency called variants
and anybody who's an acquired a vested
right to be used
to be able to to continue to pursue that
use regardless of the moratorium that
usually means that they start with
substantial construction and things
started substantially opening that
business
and there is one Cycle City that is in
that position
so just for clarity
um
to my fellow council members so what
we're saying is that
Our concern is
illegal smoke shops are we concerned are
we saying that we don't want people to
open up legal smoke shops and even if
they follow the thing like I'm trying to
make sure that I understand what we're
saying
like so you're saying that like
you're the issue that you're seeing is
illegal smoke shops or the issues that
you're seeing is legal smoke shops
and we find out what we're doing I of
course we don't want anyone to open any
legal business because that affects a
lot of different
taxes Revenue things like that and we
don't want that happening in University
but I want to make sure that the smoke
shops that are open are opening are
doing it correctly legally and
you know
and I want to know
so so all smoke shops
it's
all because you would work on the zoning
you make sure there's x amount per
neighborhood or whatever per block like
we did with the the convenience stores
so it's it's similar in nature to that
of yeah we want to address the illegal
ones but also
make it have a way to let people open up
legal shops in an appropriate manner
that's good for the city and for the
neighborhood
but I would say our opportunity to
preemptively address this was by opting
out which the council chose not to do so
at this current stable responding to a
different situation which is why I think
it's our responsibility to proceed with
a certain amount of caution
different issue it is
and it is a definition because the
opting out was for that only was about
cannabis and we really are trying to
talk about I think here at least on this
tutorials piece it's about the smoke
shops
so um what I'm hearing the suggestion is
that we first of all look at this list
with giant which has 20 which may
probably be more and find out which of
these actually based on what the mayor
is saying is actually even legal to be
open in the first place
um I'm guessing some aren't that could
be wrong but I'm guessing some aren't
and um and then to to look further in
terms of this is what I'm hearing a
little further in terms of whether or
not we pursue the moratorium so
um is that the sense of what
um everyone feels right now because
we've had a long discussion about this I
think that'll send what you are in favor
of
oh well I'm in favor of actually looking
because I see smoke shops hopping up all
over the place I do wonder if they've
gone through the process I'm thinking
most of them haven't so I'd like to see
first first of all to see if the ones
that we have are even legal and do we
start there by just shutting those down
and does that already like weed out oh
no pun intended
um
get rid of some of the ones um within
the neighborhoods so
um because you know in my discussion you
know with Mr Barney and we had talked
about one more time he told me the pros
and the cons of it so
uh at this point in time I think we
really I mean I'm not saying we
shouldn't do it I'm wondering if we I
would prefer that we go ahead and look
through these this list
oh it's in the January email that we got
way a while back uh and so he probably
needs to be updated
yeah and that's seven months ago so
there's probably a heck of a lot more
that have opened right right and to go
through and see which of those are
actually legally open we wouldn't I mean
that would be the that would be the you
know
code enforcement and the mayor's staff
doing that
and then we can certainly revisit this
in every three weeks not two
so this is actually
so what is your pleasure
I agree with that
we bring this back and in terms of
did you have a question I'm not sure how
much we can get done well I don't know
in three weeks around looking at the in
three weeks oh oh I'm starting to say
that give me a lot of them but me
speaking for someone else
oh so so I guess I'm unclear then with
respect to them does the council wish to
move forward more for him
what I'm seeing hearing is that people
want to see what the ones that we have
are they legal illegal and then do we
you know
um find out which one of those need to
be shut down and does that is that as
much of a problem as we think it is so
um I'll clarify the moratorium and the
zoning changes are not combat illegal
basis
it does not combat a legal use right
it's only legally only for coming up
with a path for lawful uses and new
businesses moving forward so I wouldn't
count on that as being a
um as being a way to combat any any
businesses that have illegally opened
that that's that's a separate advisement
issue
um
so I guess I'm clear uh than what the
council will direct the Law Department
to do
um
I guess I would support the moratorium
and then at the same time just as Mr
politan he said it gives this the time
to be doing what you're suggesting which
is then the work around
you know the ones that are already open
and what's happening illegally at least
it would prevent
illegal shops from opening
I mean well we would know that they were illegal well we haven't actually uh if
there was a moratorium in place I mean
those illegal shops go to that apply to
be legal they would not be able to right
because it would be a moratorium so they
that would actually have the effect of I
think require those businesses to shut
down until okay I thought you said that
they could still move forward with
applying only lawfully open business or
those who have acquired a waffle vested
right if you've opened your business
illegally you do not have a right to
continue it
under any circumstances and I think
we're using interchangeable language
around legally and in compliance and I
think that if if there is a business
right now that's open that isn't in
compliance and um our code enforcement
goes out and says hey you're not
compliance and this is what you need to
do to come within compliance and operate
as a legal smoke shop then uh a
monitorium doesn't allow for that to
happen it won't allow them to then
remedy whatever uh
is that correct yeah if you open them
awfully you're not you've not acquired a
right to continue that if there's a more
important there are only a handful of
them that I am
to follow the correct procedures of
state is one of them
um and that there are a maybe two smoke
shops that have gone through cycling you
can make them feel alive
zoning office looks for compliance you
know absolutely gross mitigating factors
or shut it down to me for some reason
you're looking to have people
get moved through the process through
the appropriate paperwork sometimes
fees because they haven't done it right
then again we've looked for compliance
absence
or just a negative outcome for the
business to be in existence still in
there
which would actually speak to the
importance of a hardship
component to the moratorium correct
so that would also have to be determined
whether we move forward tonight or not
or wait three weeks
bring this back to the table
all of that still would have to be
determined correct decide what I'm
hearing well we would just leave a trap
we would also need clarification as to
whether or not this is going to include
cannabis and smoke shops right I think
we've been conflating in the two right
they are similar uses but they are two
separate uses and these types of things
we need to be specific yes
in the recommendation here of Mr Sarah
submitted um it has the unregulated
marijuana market and
so I think that can push us into kind of space that
we start to complete the two because
this monitoring will be only on smoke
shops right that would be for the
council to decide because those are
similar uses the Cannabis retail
cannabis consumption and you're
contemplating zoning changes for all of
those uses for tobacco smoke
in what submitted it says it says the
unregulated marijuana Market poses a
health risk and doesn't contribute to
the tax base right and it's going to do
to hire a few crime so the final
recommendation
I'm sorry look at the last one
does include the sale of marijuana and
marijuana
precisely what I'm saying that's what I
was bringing up earlier the final the
final work they have clarification
around that the difference between a
cannabis dispensary and a smoke shop
correct we're seeing the same thing
actually yeah no I don't yeah
so I definitely going to need for it uh
okay yeah I don't think I heard what you
said I was saying that I don't I so I
definitely wouldn't feel comfortable
moving forward uh with that until we
until we're able to really you know like
I wouldn't feel comfortable with that in
this language
I haven't got that just the language with them itself
is Dustin flavor too um not to say that
they're not connected and just to be
extremely clear I I mean I think what
you're bringing forth here is valuable
and thus um it's a quality of life issue
for people to sit so I want to be clear
about that but I just but but I do
believe that we need to be
um the clear distinctions um and I don't
think that this does that nothing else
you should have something else
well I think okay I think that what I'm
hearing and I you know is that we would
have that clarification given to us in
three ways by the Law Department
of the language is that what I just
heard we would we would clarify the
language I would I would pull I mean
these types of ordinances we have access
to databases that tell us what needs to
be in them um so we would pull that
together the Bethlehem ordinance is
professionally drafted that's probably
because I don't get to see that yeah
that's cool mini first off you can
decide that now if you don't want the
Cannabis shops in there you can take it
out moratorium and just make smoke shops
as far as the unregulated Cannabis
they're illegal by definition anyway
because that's
to the whole purpose of having legalized
Community shops right so if you're
opposed to Canada shops then that's
something you can take out in the
moratorium on smoke shops and that's
what we can decide so we don't need to
wait three weeks to decide that we can
decide that now presumably if
everybody's in favor of a smoke shop
moratorium and moving forward then you
can tackle the zoning piece of the
Cannabis shops I'm just going on what's
in front of me what was presented
you would you would grab something in
three weeks we would look at it and then
the software that's what we're saying no
I think we're saying that we could
actually just take the language out that
we're not agreeing with right now here
tonight we'll take the linkage out and
then adapt this just minus that language
is what you're saying
go ahead and listen I would say just
give us Direction and we would draft
something that you would then review I'm
happy to do that so we're not saying
we're just going to sit here mark this
up and then move it forward that's not
what we're saying but Mr Martin were you
saying that you would wrap this up and
then have it to us so we can move on
this on Monday if we're in agreement is
that what you're saying we could put
this together
instead
well we can't vote on because we're not
seeing but we just can't go through a
piece of legislation that we're not
seeing
we'd have to wait to see it to make that
decision
well you couldn't move it and do it and
if something's you know just call it
from the agenda or whatever I mean we do
that pretty regularly
what's that or we just have the
discussion on Monday I mean yeah
the consideration is that we would have
a little apartment put together a piece
of legislation that we could all look at
and agree on come
before it come earlier Monday seven so 6
30 to take a look and make sure that
we're all comfortable with it and um
what's that that's a good idea
um or lipin or let them drafted and then
we look at in two weeks those are the
two things that are being considered at
this moment
so
all right so folks so we do are we
holding are we waited for three weeks
for this are we are we waiting until
Monday to look at it I'm happy to go on
Monday take the Verge out I think I'm a
little bit look at what we see and we'll
go on Monday
I'd like to just make sure again that
you're considering the things that you
know the concerns that I brought forth
around
um unintended consequences and
disprofessionally impacting among
certain communities
even with this
so I don't know if you can do that by
Monday then
I'd be happy to put anything that uh
I would say similar to Mr Farley or the
gaming plants present on Monday
so
logistically we would have to meet
earlier on Monday we'd have to meet that
you would send it out before that right
and then we would have to um we could
recess this and then we can be and then
vote it out after having looked at it if
everyone was comfortable with the
language
we still wouldn't need direction about
whether or not what uses are going to be
mean right which actually seems to be
about cannabis shots so I would assume
that okay
oh
there's a
six pages
that's gonna get sent out to us anyways
right
mm-hmm
[Music]
see this will be centered on the sale of
marijuana so I think that's if you take
that out there
correct
did bethlehemism
okay
um well
six pages I didn't realize it was six
stages long for some reason I just
thought it was one or two six pages so
through
yeah it is
um to be able to go through this and
then see what the law department has
before I can make I mean even decide
what part of this I would want to see in
there quite frankly
so or will you be agreement to meet on
Monday and then
we do it all
does that still not give you enough
direction right it doesn't I don't think
it does unless there are I mean the
substantive changes I mean largely the
language in here is pretty
it's pretty standard okay
ours will be done by ordinance
well for me this was a discussion
whether we want to move forward I want
to to look at what's been presented with
us to see how we what we do on in terms
of it so that's where I am right now and
I will be willing to look through that
and and
just come back in three weeks that's unwilling to do that it's a lot
to to consider I don't want to rush into
it um I don't think hopefully that's not
going to be a major problem because I'm
on the same page with you we both wanted
to um to see a moratorium I just want to
make sure
um thank you yes that we're just taking
everything into consideration so
let's pass on Monday would be a
conference we'd have to have a house
look up again Chris public hearing if
it's going to be honorable or ordinance
so we have to have Halls right now we
have to call for a public hearing even
on this before we it is an ordinance so
we can call for the public hearing and
that would give us time okay
so again okay so we can call for public
hearing on that and then that will still
give us time to
um have the Law Department put together
something all of us to take a look at it
and out in time for the public hearing
as well
all right is there anyone that objects
to that moving forward in that way
okay
so the next phase for the city's
development and planning committee
um
then we need someone to make a motion to
call for public hearing to for possible
moratorium
all those in favor okay
all right uh the next item on the agenda
is amending resolution
2023-136 endorsing the Schenectady
University Ministries application uh do
you remember a couple weeks ago they
came to us and asked us to support their
applications in New York state
unfortunately the name of the grant that
they were asking for that was his they
put in the wrong Grant name so now we
just need to amend that language and put
in the correct Grant name so that when
it's being reviewed by the committee
that they make sure that we're sending
to support it the resolution that we're
setting supported is specifically for
that Grant
does anyone have questions about that
so second second
okay
um
there's the last thing is to amend the
collective bargaining agreement with
abscme it's over 66 local 1037a says Mr
Holden but mayor will be taking care of
that and did you need that in the
executive session yes uh there may be
questions that would be raised in
Executives I'm sure it's going to be
appropriate I mean
okay Council
all right we've always wanted the
executive session though I didn't want
to mention one other thing under City
development planning I believe that all
of you received the email regarding the
speeding on Becker Street we're hearing
that over and over again this time there
was an accident and I guess maybe three
weeks ago a child was hit so I don't
know that we can remedy this
obviously we can't remember any history
equipment is what we would like to do
but
um if I don't know what the measures are
but I think we need to take some
measures it's I know we talked about you
know the traffic study at seven and so
on but there's some clear indications
that we're having major problems about
speeding within the city especially
those stretches of road that had almost
no stop signs so I'm just wondering you
know let everyone know if you haven't
looked at your email to take a look at
email there's a car in someone's house
so
we definitely need to you know address
it they've been coming from King's Road
and you know we're here and here we've
heard it all over and we've heard it in
the past but we really have to get a
handle on on what's going on here so
just wanted to remind everyone to be
thinking about that and what we can do
about that
uh with that I will ask for emotions to
go to Executive sessions
an executive session and public will
have to leave
foreign