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Minutes - Monday 5 June 2017Regular Meeting - Beverly City Council, Beverly, MA MINUTES - Monday, 5 June 2017 @ 7:00 PM Beverly City Hall, 191 Cabot Street, 3 Floor Council Chamber Called to Order @ 7:05 PM Roll Call: John P. Frates Jr. (absent), Scott D. Houseman -Vice President, David J. Lang, James F. Latter, Donald G. Martin, Estelle M. Rand, Matthew J. St. Hilaire, Jason C. Silva (absent), Paul M. Guanci- President. Pledge of Allegiance to the Flag: Council Vice President Houseman Moment of Silence: Council President requested a Moment of Silence for Louis J. Turlo, Beverly Fire Department (retired) Comments by Citizens (subject to the conditions contained in Appendix A to the City Council's Rules and Orders): Anyone who would like to speak at the Meeting has until 9:30AM on the day of the Meeting to register with the City Clerk. (Limit of 3 @ 5 minutes each): None Resolutions: None Presentations, Awards & Memorials: 1. Salem Sound Coastwatch Interns — Brittney New & Kevin MacDonald — Ban on Plastic Bags Acceptance of Minutes of Previous Meeting: 1. Monday, 15 May 2017 - Regular Meeting 2. Tuesday, 30 May 2017 — Special Meeting Vote to Approve: 7 -0 Communications from His Honor the Mayor: June 5, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I am pleased to inform you that the City of Beverly, through the Beverly Airport, has received a Mass -DOT Aeronautics Grant from the Massachusetts Department of Transportation in the amount of $25,000. With your approval, this grant will be used to fund engineering for removal and replacement of the airport's motorized gate and pedestrian gate. The grant will assist in bringing the airport into compliance with security requirement of the FAA. Massachusetts General Law Chapter 44 Section 53Arequires both council and mayoral approval before any grant or gifts to the city can be expended for their prescribed purpose. I therefore request the council approve this grant by taking action on this matter at your upcoming meeting of the City Council on June 5, 2017. Thank you. Sincerely yours, Michael R Cahill Mayor Referred to Finance & Property #425 June 5, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: As we approach the end of Fiscal Year 2017, I am requesting an appropriation of our free cash reserves for a number of capital projects identified below. The timing of these projects make it necessary to request the funding prior to the close of FYI at which point the free cash reserve becomes unavailable until certification from the Division of Local Services later in this calendar year. The total appropriation request is for $1,650,000 from the City's general fund balance or as it is commonly referred to, free cash. $450,000 of the appropriation will be used to pay costs associated with roof work at the Department of Public Works. The council had previously authorized a loan order in the fall of 2016 for this work. This appropriation will utilize our fund balance for the work as opposed to borrowing. This order will rescind the original loan authorization. The electrical switches at the High School have been problematic since the building was opened. I am requesting that $300,000 of this appropriation be used to rectify that situation and repair the electrical system at the high school. This request also includes $500,000 for repair and construction of athletic fields on the high school campus. The track surface has exceeded its stated useful life and is in need of replacement and the construction of two on campus softball fields will be undertaken with these funds as well. $400,000 of this appropriation request will be transferred to our road and sidewalk fund to support the upcoming construction season. The City is expecting to receive roughly $1M in state Chapter 90 funds and we have requested $13M within the FYI city operating budget. In total, this additional $400,000 would make roughly $2.7M available for road and sidewalk work this coming season. I respectfully request your approval of this appropriation from the city's free cash balance to fund the noted initiatives. This appropriation will require a public hearing be set and notice of that hearing be properly advertised at least 10 days prior to final council action on the order. Sincerely yours, Michael P. Cahill, Mayor Ordered: That the City appropriates the sum of Four Hundred Fifty Thousand dollars ($450,000) to pay the costs of roof repair work at the Department of Public Services Campus, and to meet said appropriation the Treasurer is authorized to transfer said sum from the city's existing free cash reserve balance. Provided that the previously authorized loan order #235 for the same amount is hereby rescinded. Ordered: That the City appropriates the sum of Three Hundred Thousand dollars ($300,000) to pay the costs of electrical repair work at the Beverly High School campus, and to meet said appropriation the Treasurer is authorized to transfer said sum from the city's existing free cash reserve balance. Ordered: That the City appropriates the sum of Five Hundred Thousand dollars ($500,000) to pay the costs of athletic field work on the High School Campus, and to meet said appropriation the Treasurer is authorized to transfer said sum from the city's existing free cash reserve balance. Ordered: That the City appropriates the sum of Four Hundred Thousand dollars ($400,000) to be transferred to the City Road and Sidewalk Repair fund, and to meet said appropriation the Treasurer is authorized to transfer said sum from the city's existing free cash reserve balance. Referred to Finance & Property to Set a Public Hearing #426 June 5, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I am pleased to inform you that the City of Beverly, through our Commission on Disabilities and IT Department, has received a Municipal ADA Grant from the Massachusetts Office on Disability in the amount of $2,803. With your approval, this grant will be used to purchase a new assisted listening system for City Hall. The new system will provide eight additional assisted listening devices and is portable, allowing for use at off -site public meetings. Massachusetts General Law Chapter 44 Section 53Arequires both council and mayoral approval before any grant or gifts to the city can be expended for their prescribed purpose. I therefore request the council approve this grant by taking action on this matter at your upcoming meeting of the City Council on June 5, 2017. Thank you. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property #427 June 5, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I hereby reappoint subject to your review and recommendation Mr. Mark S. Ianuzzi, 29 Granite Street, Peabody, MA 01960 to serve as Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is Mr. Ianuzzi's application, which has been approved by Police Chief John LeLacheur. Mr. Ianuzzi's term will be effective from June 30, 2017 until June 30, 2020. Sincerely yours, Michael P. Cahill Mayor MPC /mal Attachment Referred to Legal Affairs #428 June 5, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I hereby reappoint subject to your review and recommendation the following citizens to serve on the Conservation Commission: Christine Bertoni 62 Hart Street, Beverly Jenna Pirrotta 94 Brimbal Avenue, Beverly Richard Grandoni 58 Neptune Street, Beverly Their terms are be effective from June 30, 2017 until June 30, 2020. Sincerely yours, Michael P. Cahill Mayor MPC /mal Referred to Legal Affairs #429 June 5, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I hereby reappoint, subject to your review as provided in Sec 2 -10 and Sec 3 -3 of the Beverly City Charter, Bruce Doig to serve as Beverly's Director of Parks, Recreation and Community Services for a period of three years. His term is to be effective from June 3, 2017 until June 3, 2020. Sincerely yours, Michael P. Cahill Mayor MPC /mal Referred to Public Services #430 June 5, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review as provided in Sec 2 -10 and Sec 3 -3 of the Beverly City Charter, Michael Collins to serve as Beverly's Director of Engineering, Commissioner of Public Services, Public Works, for a period of three years. His term is to be effective from June 17, 2017 until June 17, 2020. Sincerely yours, Michael P. Cahill Mayor MPC /mal Referred to Public Services #431 June 5, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I hereby reappoint subject to your review and recommendation Mr. Richard S. Kelley, 2 Goodwin Road, Beverly to serve on the Beverly Licensing Board. His term is to be effective from June 30, 2017 until June 30, 2023. Sincerely yours, Michael P. Cahill Mayor MPC /mal Referred to Legal Affairs Public Hearing: 1. 7:30 PM - #420 — Lightower Fiber Networks — 85 Sam Fonzo Drive - Public Hearing Held and closed, referred back to Public Services 2. 7:40 PM - #421 — Lightower Fiber Networks — L. P. Henderson Road & 85 Sam Fonzo Drive - Public Hearing Held and closed, referred back to Public Services Communications from other City Officers & Boards: #1448 Planning Board Recommendation — Affordable Housing Referred to Legal Affairs #374A Planning Board Recommendation — Activated Ground Floor Uses Referred to Legal Affairs #386A Planning Board Recommendation — Recreational Marijuana Moratorium Referred to Legal Affairs #432 Councilor Martin — Appointment — OSRC — David Alden-St. Pierre, Ward 5 Representative Referred to Legal Affairs Council President entertained a Motion to accept a Late File from the Salem & Beverly Water Supply Board — Approved — Vote: 7 -0 LATE FILE - #433 Communication — Salem & Beverly Water Supply Board — Budget Meeting Received and Placed on File — Vote: 6 -1 (Councilor LanceAgainst) Communications, Applications & Petitions: #434 Communication — WorldTech Engineering — Intersection Improvements @ 3 Locations — MASS -DOT Project #608347 Referred to Public Services #435 Application for License — Fortuneteller — Sophia Andrionopoulos, 11 Sunset Drive (Renewal) Referred to Legal Affairs Council President entertained a Motion to accept a Late File from former Ward 1 Councilor, Maureen Troubetaris — Approved — Vote: 7 -0 LATE FILE - #436 Communication — Ryal Side Civic Association — Invitation — 4 11 of July Parada Received and Placed on File — Vote: 7 -0 Unfinished Business (Final Passage): #401 The Committee on Legal Affairs, to whom was referred the matter of Communication — Assistant City Solicitor — Amendment to the Veterans Advisory Committee, have considered said matter and beg leave to report as follows: Submit the Accompanying Amended Ordinance and Recommend its Adoption pending Publication & Final Passage: ORDERED: Be it ordained by the City Council of the City of Beverly as follows: In the year two thousand and seventeen An Ordinance amending an Ordinance relative to: Article II of Chapter 15 -48 of the 2016 revised Code of Ordinances of the City of Beverly: By amending § 15 -48 of the Beverly General Code by adding the following sentence at the end of §15-48(a): "Full -time municipal employees are eligible to be appointed to the Veterans Advisory Committee." As amended, the ordinance will read: §15 -48 Veterans Advisory Committee A. Establishment; composition. There is hereby established a Veterans Advisory Committee. This Committee shall consist of 13 total members serving without compensation, who shall be appointed by the Mayor, subject to confirmation by the City Council for a term of three years. Initial appointments of members shall be for staggered terms. At least a majority of the total members shall at all times be veterans. The Director of Veterans' Services shall serve, by virtue of office, as a member of the Committee. The Veterans' Graves Officer appointed by the Mayor according to § 58- 45 shall also serve as a member of the Committee. Members may be removed in accordance with the provisions of the City Charter. Notwithstanding § 15 -8, the Mayor may appoint, subject to confirmation by a two - thirds vote of the City Council, members who are not residents of the City of Beverly. Full time munic are eligible to be appointed to the Veterans Advisory Committee. B. Authority and responsibilities. (1) The Veterans Advisory Committee shall act in an advisory capacity to the Mayor, City Council, and other interested departments, boards, commissions or committees and to the citizens of Beverly relative to any and all matters concerning military veterans. (2) A majority of the appointed members presently named and serving on the Committee shall constitute a quorum. A majority of the members presently named and serving on the Committee shall be necessary for the approval or disapproval of any recommendation. (3) The Committee shall, at its first meeting, vote to elect a Chair, Vice Chair and Secretary of the Committee. The Committee shall adopt rules and regulations for keeping accurate minutes of its meetings. (4) The Committee's functions shall include, but are not limited to, the following: (a) The Committee shall serve as a resource to the City of Beverly and the public. The Committee may provide education and support to help raise awareness on veteran - related matters. (b) The Committee shall provide the public with contacts to agents of federal, state and local agencies that provide services to veterans and their families. (c) The Committee shall assist The City of Beverly's Director of Veterans' Services in coordinating annual and ad hoc veteran - related community events, such as parades, remembrances or other such events. (d) The Committee shall provide continuing oversight of the condition of each of the several veterans memorials of the City and shall from time to time, not less frequently than annually, file a report with the Director of Veterans' Services with recommendations as to any needed repairs, upkeep, maintenance and improvements to such memorials as in its judgment may be necessary or advisable. Whenever the Committee believes an expenditure of funds in excess of ordinary maintenance is required to be made, it shall submit its report containing such recommendation in time to be considered as part of the capital improvement plan. First Reading: Monday, 1 May 2017 Second Reading: Monday, 15 May 2017 Published in the Salem News on Friday, 5 May 2017. Final Passage: Monday, 5 June 2017 Order read once and adopted — Vote: 7 -0 #405 The Committee on Legal Affairs, to whom was referred the matter of Communication — Councilor Rand — Removal of Handicap Sign — 18 Porter Street, have considered said matter and beg leave to report as follows: Submit the Accompanying Amended Ordinance and Recommend its Adoption pending Publication & Final Passage: ORDERED: Be it ordained by the City Council of the City of Beverly as follows: In the year two thousand and seventeen, An Ordinance amending an Ordinance relative to: Chapter 270: "Vehicles and Traffic ", Section 270 -49 "Off- street parking; handicapped parking ", Amending Section 270 -49 as follows: DELETE: Porter Street At approximately 18 Porter Street First Reading: Monday, 1 May 2017 Second Reading: Monday, 15 May 2017 Published in the Salem News on Friday, 5 May 2017. Final Passage: Monday, 5 June 2017 Order read once and adopted — Vote: 7 -0 Reports of Committees: #424 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — GRANT — MASS -DOT Aeronautics for Beverly Regional Airport, have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Request Order read once and adopted — Vote: 7 -0 #425 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — FY2017 Projects, have considered said matter and beg leave to report as follows, to wit. Submit the accompanying order and recommend its adoption: Ordered: That the City Council of the City of Beverly hold a Public Hearing on Monday, 19 June 2017 at 7:45 PM at City Hall, 191 Cabot Street, 3rd floor, Council Chamber, Beverly, MA relative to the following: Ordered: That the City appropriates the sum of Four Hundred Fifty Thousand dollars ($450,000) to pay the costs of roof repair work at the Department of Public Services Campus, and to meet said appropriation the Treasurer is authorized to transfer said sum from the city's existing free cash reserve balance. Provided that the previously authorized loan order #235 for the same amount is hereby rescinded. Ordered: That the City appropriates the sum of Three Hundred Thousand dollars ($300,000) to pay the costs of electrical repair work at the Beverly High School campus, and to meet said appropriation the Treasurer is authorized to transfer said sum from the city's existing free cash reserve balance. Ordered: That the City appropriates the sum of Five Hundred Thousand dollars ($500,000) to pay the costs of athletic field work on the High School Campus, and to meet said appropriation the Treasurer is authorized to transfer said sum from the city's existing free cash reserve balance. Ordered: That the City appropriates the sum of Four Hundred Thousand dollars ($400,000) to be transferred to the City Road and Sidewalk Repair fund, and to meet said appropriation the Treasurer is authorized to transfer said sum from the city's existing free cash reserve balance. Order read once and adopted — Vote: 7 -0 #426 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Grant — assisted Listening device for City Hall $2,803, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Request Order read once and adopted — Vote: 7 -0 #144A (2 Reading) The Committee on Legal Affairs, to whom was referred the matter of Communication — Planning Director — Proposed Zoning Amendment — Article XV — Affordable Housing ( "Inclusionary Housing Ordinance "), have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended Ordinance and recommend its adtoption, pending Publication and Final Passage: PROPOSED ZONING AMENDMENT March 30, 2017 The Beverly Planning Department hereby submits a proposed amendment to the Beverly Zoning Ordinance Chapter 300, Article XV — Affordable Housing ( "Inclusionary Ordinance "). The following amendments are proposed: 0 Amend Section 300 — 103: [Applicability] the amendment will lower the threshold for residential development projects that are subject to Inclusionary Housing requirements from 10 or more dwelling units to 6 or more dwelling units. Section 300 — 103 is to be amended as follows: A. This article applies to any development that results in or contains 146 or more residential dwelling units. The types of development subject to the provisions of this article include, without limitation, the following: 1. A division of land resulting in the creation of ' '41 - -r or more residential lots. Developments shall not be segmented to avoid compliance with this Section. "Segmentation" shall mean divisions of land that would cumulatively result in an increase of 1— (4 -0 -) or more residential lots above the number existing on a parcel of land or contiguous parcels in common ownership or control twenty -four months prior to the application. Where such segmentation occurs, it shall be subject to 34.1Article XV. A subdivision or division of land shall mean any subdivision as defined in the Subdivision Control Law, Chapter 41, Sections 81K -81GG of the Massachusetts General Laws, or any division of land under Chapter 41, Section 81P of the Massachusetts General Laws, when such division of land results in lots for residential use. 2. New residential construction or new mixed -use construction that includes ten (10 )6 or more dwelling units. 3. A development of 10 1101 E or more new dwelling units that involves the redevelopment, reconstruction or rehabilitation of an existing multi - family building or structure, if such development results in an increase of or more units in the number of dwelling units in the original structure. 4. A development that will change the use of an existing building from nonresidential to residential use. B. This Section does not apply to nursing homes, projects meeting the definition of subsidized elderly housing or congregate elderly housing, nor to the rehabilitation of any building or structure wholly or substantially destroyed or damaged by fire or other casualty; provided, however, that no rehabilitation nor repair shall increase the number of dwelling units on the lot as existed prior to the damage or destruction thereof, except in conformance with this Section. (Ord. No. 72, 7 -9 -09) C. Any other development with dwelling units to which this Section does not otherwise apply may elect to be subject to this Section, provided the development meets all applicable requirements herein. Special permits authorized under this Section for developments with (ta)' or more dwelling units may also be granted to any other development with dwelling units, in the discretion of the Planning Board. Amend Section 300 — 104: [Housing Affordability] the amendment will introduce additional levels of affordability for meeting on -site affordability requirements of the Inclusionary Ordinance. Section 300 — 104 is to be amended as follows: A. Except as provided below, each affordable unit created under this Section shall be sold or rented by using one of the following affordability scenarios: 1. to No less than twelve percent (12 %) of dwelling units shall be affordable to a household with income at or below 80% of the area median income that applies to subsidized housing in the City of Beverly, as reported annually by the U.S. Department of Housing and Urban Development (HUD), adjusted for household size. 2. No less than eight percent (8 %) of dwelling units shall be affordable to a household with income at or below 60% of the area median income that applies to subsidized housing in the City of Beverly, as reported annually by HUD, adjusted for household size. 3. No less than ten percent (10 %) of dwelling units shall be affordable to household hen an applicant provideswhere at least one -half of the required affordable units for households with income at or below '.Of'% of area median income, the remaining affordable units may be sold or rented to households with incomes up to 105 of area median income, adjusted for household size, subject to approval by the Planning Board. B. In the instance of a fraction, a fraction of a lot or dwelling unit shall be rounded up to the nearest whole number. Nothing in this section shall preclude a developer from providing more affordable housing units than required hereunder. C. Development projects creating or containing six to nine dwelling units as established in Section 300— 103 shall provide one affordable unit sold or rented to a household with income at or below 80% of the area median income that applies to subsidized housing in the City of Beverly, as reported annually by (HUD), adjusted for household size. Amend Section 300 — 106: [Minimum Percentage of Affordable Units] by eliminating the section in its entirety, and incorporating its provisions within Section 300 —104. * Amend Section 300 — 108: [Methods for Providing Affordable Units] the amendment will allow donation of land for purpose of creating affordable housing units for both home ownership or rental residential units. The ordinance would amend Subsection B(3) as follows: Donation of developable land in the City of Beverly to the Beverly Housing Authority, the Beverly Affordable Housing Coalition, Inc. or a comparable entity determined at the discretion of the Planning Board, provided the receiving organization agrees in writing to accept the land and the applicant demonstrates to the Planning Board's satisfaction that said land is developable for an equivalent number of affordable units in conformance with the Beverly Zoning Ordinance, ,,...ply— erfy -- Donated land need not be located in the same zoning district as the development, and shall be subject to a deed restriction limiting its use to mixed - income or affordable housing. First Reading: 3 April 2017 Second Reading: 5 June 2017 Publication in the Salem News: 9 June 2017 Final Passage: 19 June 2017 Order read once and adopted — Vote: 7 -0 #1446 The Committee on Legal Affairs, to whom was referred the matter of Communication – Planning Board – Recommendation re: 2017 -144A "Affordable Housing:, have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted — Vote: 7 -0 #386 (2 Reading) The Committee on Legal Affairs, to whom was referred the matter of Communication – Planning director – Zoning Amendment – "Recreational Marijuana Sales ", have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended Ordinance and recommend its adoption, pending Publication and Final Passage: Ordered: Article XVII Section 300 -22 Temporary Moratorium on the Sale and Distribution of Recreational Marijuana until December 31, 2018. 1. Purpose. 310 By vote at the State Election on November 8, 2016, the voters of the Commonwealth of Massachusetts approved a law (Ballot Question 4) regulating the cultivation, distribution, possession and use of marijuana for recreational purposes. In Beverly, Ballot Question 4 passed with 54.3% of the electorate voting in favor and 44.1% voting opposed to the measure. The law went into effect on December 15, 2016. Pursuant to Chapter 334 of the Acts of 2016, as amended by Chapter 351 of the Acts of 2016, the Cannabis Control Commission is required to promulgate regulations regarding implementation of Marijuana Establishments for non- medically prescribed marijuana ( "Recreational Marijuana Establishments ") by March 15, 2018 ( "CCC Regulations "). The CCC Regulations are expected to provide guidance to the City in regulating Recreational Marijuana Establishments. Currently, Chapter 300 of the City's General Code (the City's Zoning Ordinances) does not identify Recreational Marijuana Establishments (defined below) as permitted uses, nor are there specific restrictions on such use. The regulation of Recreational Marijuana Establishments raises novel and complex legal, planning, and public safety issues. The City needs time to study, consider, and engage in decision - making regarding this new use and is awaiting the CCC Regulations for its consideration in that process. Additionally, the City needs time to address the potential impact of the CCC Regulations on local zoning and to undertake a planning process to consider amending the City Zoning Ordinances in order to regulate Recreational Marijuana Establishments, as well as other uses related to the sale and distribution of recreational marijuana. The City hereby adopts a temporary moratorium on the use of land and structures in the City for Recreational Marijuana Establishments in order to allow the City sufficient time to engage in a planning process to address the effects of such structures and uses in the City and to adopt provisions of the Zoning Ordinances in a manner consistent with sound land use planning goals and objectives. 2. Definitions. "Hemp ", the plant of the genus Cannabis or any part of the plant, whether growing or not, with a delta -9- tetrahydrocannabinol concentration that does not exceed 0.3 per cent on a dry weight basis of any part of the plant of the genus Cannabis, or per volume or weight of marijuana product, or the combined per cent of delta- 9-tetrahydrocannab inol and tetrahydrocannabinolic acid in any part of the plant of the genus Cannabis regardless of moisture content. 311 "Manufacture ", to compound, blend, extract, infuse or otherwise make or prepare a marijuana product. "Marijuana " - "all parts of any plant of the genus Cannabis, not excepted below and whether growing or not; the seeds thereof, and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol as defined in section 1 of chapter 94C of the General Laws; provided that "Marijuana" shall not include: (1) The mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination; (2) Hemp; or (3) The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products. "Marijuana accessories ", equipment, products, devices or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise introducing marijuana into the human body. "Marijuana cultivator ", an entity licensed to cultivate, process and package marijuana, to deliver marijuana to recreational marijuana establishments and to transfer marijuana to other recreational marijuana establishments, but not to consumers. "Marijuana product manufacturer ", an entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to recreational marijuana establishments and to transfer marijuana and marijuana products to other recreational marijuana establishments, but not to consumers. "Marijuana products ", products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures. "Marijuana testing facility ", an entity licensed to test marijuana and marijuana products, including certification for potency and the presence of contaminants. 312 "Marijuana retailer ", an entity licensed to purchase and deliver marijuana and marijuana products from recreational marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to recreational marijuana establishments and to consumers. "Process" or "processing ", to harvest, dry, cure, trim and separate parts of the marijuana plant by manual or mechanical means, except it shall not include manufacture as defined in subsection (f) of this section. "Recreational marijuana establishment ", a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana- related business. 3. Temporary Moratorium. For the reasons set forth above and notwithstanding any other provision of the Zoning Ordinances to the contrary, the City hereby implements a temporary moratorium on the use of any and all land or structures for Recreational Marijuana Establishments. The moratorium shall be in effect through December 31, 2018. During the moratorium period, the City shall undertake a planning process which: - addresses the potential impacts of recreational marijuana in the City; - considers the Cannabis Control Commission's regulations regarding Recreational Marijuana Establishments and related uses; - considers any updates or changes to Massachusetts General Laws regarding the use of marijuana; - considers public safety implications, if any, of Recreational Marijuana Establishments; - considers the appropriate locations within the City, if any, for the various types of licensed Recreational Marijuana Establishments; and - develops and adopts new provisions of the Zoning Ordinances to address the impact and operation of Recreational Marijuana Establishments and related uses. 4. Severability. The provisions of this ordinance are severable. If any provision, paragraph, sentence, or clause of this ordinance or the application thereof to any person, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this ordinance. 313 First Reading: 18 April 2017 Second Reading: 5 June 2017 Publication in the Salem News: 9 June 2017 Final Passage: 19 June 2017 Order read once and adopted — Vote: 7 -0 #386A The Committee on Legal Affairs, to whom was referred the matter of Communication — Planning Board — Recommendation re: 2017 -386 — "Reacreational Marijuana Moratorium ", have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted — Vote: 7 -0 #435 The Committee on Legal Affairs, to whom was referred the matter of Application for License — Fortuneteller — Sophia Andrionopoulos, 11 Sunset Drive (Renewal), have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted Order read once and adopted — Vote: 7 -0 #407 The Committee on Public Services, to whom was referred the matter of Communication — Mayor — Appointment — Waste Reduction Committee — Nancy M. Dillon, 4 Middle Street, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Appointment Order read once and adopted — Vote: 7 -0 #420 The Committee on Public Services, to whom was referred the matter of Petition — Lightower Fiber Networks re: 85 Sam Fonzo Drive, have considered said matter and beg leave to report as follows: Recommend the Petition be granted Order read once and adopted — Vote: 7 -0 #421 The Committee on Public Services, to whom was referred the matter of Petition — Lightower Fiber Networks re: L. P. Henderson Road & 85 Sam Fonzo Drive, have considered said matter and beg leave to report as follows: Recommend the Petition be granted Order read once and adopted — Vote: 7 -0 314 #434 The Committee on Public Services, to whom was referred the matter of Communication — WorldTech Engineering — Intersection Improvements @ 3 Locations — MASS -DOT Project #608347, have considered said matter and beg leave to report as follows: Receive and Place on File Order read once and adopted — Vote: 7 -0 Motions and Orders: None Meeting Adjourned: 8:25 PM Attest: D. Wesley Slate, Jr. City Clerk 315 315