ITEM FILE PHOTO
Mayor Judith Flanagan Kennedy
BY THOMAS GRILLO
LYNN — After months of debate, the City Council finally determined where to locate medical marijuana dispensaries in the city this week, but Mayor Judith Flanagan Kennedy is set to veto the ordinance.
While Kennedy supports the idea of limiting the clinics to specific parts of the city, which the measure does, she is opposed to an amendment which gives the 11-member panel the power to decide how money received from the marijuana clinics would be spent.
“If that language is contained in the ordinance, I will veto it because that provision of the ordinance is unenforceable,” said Kennedy, who just returned from a European cruise with her family. “The city charter dictates that the mayor determines where the city’s finances are directed. I will be more than happy to consult with the council on spending priorities, but I do not believe they have the ability to control incoming city funds.”
The mayor said she has asked the city attorney for a legal opinion, but seemed convinced she is on solid ground.
If the mayor vetoes the amendment, the council has 10 days to override with a two-thirds vote or a minimum of eight votes.
“I think I can provide compelling and convincing arguments to change the minds of three councilors,” Kennedy said.
City Council President Daniel Cahill said he agrees with the mayor that the council can’t determine how the city spends revenue.
“There’s no need for a veto,” he said. “If the law department says the portion of the ordinance giving the City Council oversight over where the money is appropriated is unenforceable, then it’s unenforceable. If it’s vetoed, then we start from square one.”
On Tuesday, the City Council approved a plan to bring two medical marijuana clinics to the city. Under the ordinance, the treatment center district would include the non-waterfront side of the Lynnway from Market Street to the General Edwards Bridge, two sites on Commercial Street and all properties on Route 107 from the Belden Bly Bridge to the intersection of Western and Murphy avenues.
The clock was ticking on a deadline for approving a location policy for the pot outlets. The council faced a state-imposed Aug. 3 deadline to pass an ordinance that would designate the marijuana dispensary districts. If the panel failed to amend its zoning, the city could have faced lawsuits from potential clinic operators.
On a separate matter, Kennedy said she also plans to veto a reorganization plan adopted by the council last month that would create a separate department to oversee elections. It would add a department head with a six-figure salary to the city’s budget, she said.
“We can’t afford that,” Kennedy said. “I’ve been clear that I would like to create a planning department. So why would I add to an existing department when I could use that money to start a department that is needed?”
But on this issue, Kennedy and Cahill disagree.
The intent of the ordinance and home rule petition, Cahill said, is to encourage more candidates to run for office, allow minorities access to important voter information and have a department dedicated to handle new voting methods being imposed on municipalities.
“The council proposed creation of a level-two department head that is paid less than $100,000 and there is state money available to fund that position,” he said.
Thomas Grillo can be reached at [email protected].
