[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
[5:09] [Music]
[5:47] thank you
[5:50] [Music]
[6:10] foreign
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[7:05] foreign
[7:08] [Music]
[8:00] thank you
[8:02] [Music]
[8:04] thank you
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[8:54] thank you
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[9:22] foreign
[9:26] [Music]
[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