ORDER-2017-130 : Amend Revised Zoning Ordinances, Chapter 235, Sections 235-5 and 235-16.2 to Enact a Temporary Moratorium on Recreational Marijuana Establishments as set forth herein.

Transcript (~8 min @ 58:20)

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▶ 58:00 Peter D. Mortimer: Second. Alderman Inferno has made a motion to extend the 21 day period to 35 days in accordance with the request made by our city planner, Ms. Gaffey. Said motion was duly seconded by Alderman Forbes. On discussion of that motion, seeing no discussion, all in favor please say aye. Aye. Any opposed? The motion passes and that extension is granted by the Board of Aldermen.

▶ 58:35 Peter D. Mortimer: The next order we have before us is Order 2017-130. to amend um the revised zoning ordinances chapter 235 235-5 and 235-16.2 to enact a temporary moratorium on recreational marijuana establishments as set forth here in is there a motion please

▶ 59:05 Peter D. Mortimer: the rules are suspended yeah we can hear we can hear uh conversation on this so we can make a motion please proceed miss gaffey sure so moratorium

▶ 59:14 Denise Gaffey: okay so this order is um recommending that the board of aldermen approve a zoning amendment to enact a temporary moratorium on the recreational marijuana use and um reasons for this are that the there's a lot of uncertainty right now anyone who's following the news knows this that there's a lot of activity going on at the state state legislative level and amongst the regulators about how exactly the ballot question which was Approval that last fall is going to translate into regulations and because of that uncertainty a lot of communities I think there are almost 80 now have either enacted a temporary moratorium or are in the process of enacting a temporary moratorium and we've also attended some workshops on this and that that have been led by state regulators who are recommending that this is a good approach to have the moratorium in place for the time being while the state officials work out the details of how this is going to look and and then we were being a better position to do to do are planning and have some regulatory controls much like we've just recommended for the medical use in place by sometime next year so we're suggesting a moratorium through december 31st of 2018 we've we've been told that this that date is is is an appropriate date and there would be no concern among state officials about that date many other communities are also issuing moratoriums through the end of 2018 um just to give us the time that we need to do the planning around this this use so that's essentially it um the the zoning amendment creates a definition for recreational marijuana establishments and this definition is based on the definition in the related to the ballot question and then we have language that creates the that outlines the purpose of the moratorium and the deadline for the moratorium period running through december 31st

▶ 1:01:35 Peter D. Mortimer: 2018 and that's essentially it thank you very much miss gaffey um alderman inferno beat alderman's

▶ 1:01:44 Gail Infurna: worker by about one second please proceed alderman i was just going to make the motion to enact a temporary moratorium through december 31st 2018. point of order we can't do that we have to send

▶ 1:01:57 Peter D. Mortimer: this to the planning board that's good we also have this one right see this this is still part of the public hearing uh because this is a zoning ordinance okay we're still under the public hearing thank you at this point oh thank you alderman Zwirko please would a proper motion be a retaining

▶ 1:02:14 Peter D. Mortimer: committee it would be i would make such a motion second Zwirko has made a motion to retain this order and committee uh and it will be reported back to us by the uh planning board uh would you probably in that same time on that too all right we'll handle that motion shortly but um on this motion to retain the order on committing on discussion we have alderman Medeiros please

▶ 1:02:33 Monica C. Medeiros: thank you mr chairman i just uh we may not have anybody from the public here wishing to speak about this portion but i think it would be prudent of us to reopen the public portion of the public hearing since to for any members of the public to speak on this order specifically 2017-130

▶ 1:03:01 Peter D. Mortimer: the moratorium on the recreational use uh that seems uh like a fine idea i think we kind of covered it but in the uh interest of having complete public participation um i will exceed to your request ladies would you step back there's a motion on the floor

▶ 1:03:19 Peter D. Mortimer: there's a motion on the floor to retain this in committee that's correct um he has who seconded alderman's workers motion mr chairman would you withdraw your second tip for the time being i i will withdraw my second thank you very much uh alderman forbes would you re i would draw your motion temporarily on this worker i will thank you very much sir

▶ 1:03:40 Peter D. Mortimer: So now, are there any members of the public wishing to come forward and talk about the temporary moratorium? Seeing none, ladies, would you join us back at the table, please? Would you care to renew your motion, Alderman Tuerko?

▶ 1:03:56 Speaker 1: I would, thank you. Motion to retain.

▶ 1:03:58 Speaker 2: Care to renew your second?

▶ 1:03:59 Speaker 4: Yes, Mr. Chairman.

▶ 1:04:00 Peter D. Mortimer: Thank you. So now we're in the public hearing still for the Alderman and members of the planning board regarding the temporary moratorium. We're still under the public hearing. Alderman McAteer-Margolis, please.

▶ 1:04:15 Mary Beth McAteer-Margolis: Thank you, Mr. Chairman. So my only question is, what if the state comes up with appropriate regulations and decides before December 8th, 2018, how they want to allow this to be done? right well we'll still have a moratorium in place and we won't be in non-compliant we won't be in

▶ 1:04:35 Denise Gaffey: non-compliance from what we're being told i mean i think i think that is a goal of theirs to have those regulations in place by maybe it's june or july we're kind of expecting by the spring that they'll they'll have more clarity um which will be when we as a planning board can get back together on this and start to talk talk about you know we're you know how we're going to regulate it but right now we really can't do that with too much with so much uncertainty okay but you would

▶ 1:05:04 Mary Beth McAteer-Margolis: not worry any um pushback from not having from continuing the moratorium after the date of the state approvals no we're not okay all right thank you mr chairman thank you alderman makatia margolis

▶ 1:05:20 Peter D. Mortimer: are there any further aldermen or members of the planning board wishing to be heard on this motion Seeing none, all in favor, please say aye. Aye. Any opposed, hearing none, this order will be retained in committee. Is there a motion?

▶ 1:05:38 Gail Infurna: Motion to extend the review period to 35 days.

▶ 1:05:43 Peter D. Mortimer: Second. Alderman Aferna has made a motion to extend the review period to 35 days. Said motion was duly seconded by Alderman McAteer-Margolis. On discussion, please. Seeing none, we'll have the vote. All in favor, please say aye. Aye. Any opposed, hearing none, the period for you to report back to us will be extended to 35 days. Is there a motion to adjourn the public hearing, please?