CorpusRecord 121047

Malden City Council Committee of the Whole 04-28-2026

A searchable transcript preserved as part of the Discourse Corpus. Passage numbers provide stable references within this record; verify quotations against the original recording when available.

Source
YouTube / MaldenAccessMATV
Date
2026-04-29
Location
Middlesex County, MA
Material
Transcript
Extent
9,321 words · about 52 min
Collected
2026-06-21

Transcript

Verbatim source text

001Mhm. >> Mhm. Mhm. >> Okay, the time is now 7:06. The council will come to order. All rise and salute the flag. I pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Please remain standing for a moment of silence in honor of our veterans, service members, and those who have given the ultimate sacrifice. We honor and acknowledge the Massachusetts, Pennacook, and Pawtucket peoples, whose ancestral lands we now call home, and on which we gather today. We express gratitude to the indigenous peoples who have cared for this land for generations, predating European colonization, and continuing to the present. Moving forward, we are committed to ensuring that the histories, voices, and contributions of indigenous peoples are

002recognized and respected in the life of our city. Clerk, will you now please call the roll? >> Councilor Colon-Hayes. >> Here. >> Councilor Condon. >> Here. >> Councilor Froelich. >> Here. >> Councilor Leuang. Councilor McDonald. >> Here. >> Councilor O'Malley. >> Here. >> Councilor Siega. >> Here. >> Councilor Simenelli. >> Here. >> Councilor Taylor. >> Here. >> Councilor Winslow. >> Here. >> Councilor President Linehan. >> Here. Thank you, Madam Clerk. Okay, under the provisions of the open meeting law for those of you in attendance, please be informed that UMA, Urban Media Arts, will be recording this evening's meeting. So, just be aware there will be audio and video recordings of tonight's meeting. We also have resident Brian DeLacey recording audio and video tonight. Is there anyone else present tonight who is recording in addition to

003UMA and Mr. DeLacey? Can you please self-identify at this time? Okay, thank you. Next order of business. Councilor O'Malley. >> Uh we have a number of members of the public that would like to comment for public comment. It's not normally on this agenda, so I would move that we suspend the rules to allow public comment tonight. >> Okay, so just to explain on Councilor O'Malley's motion seconded by Councilor Colon-Hayes for those watching. So, this is a committee of the whole night. We typically do not take public comment on committee of the whole night, but in recognition of the sizable crowd that we have, we are going to vote to suspend our own rules. Take a vote on whether to suspend our own rules to be able to allow public comment. So, a yes yes vote

004would allow public comment this evening. Oh, yes. Sorry, Councilor Winslow, I didn't see your light. You have the floor. >> So, normally public comment we limit it that to 30 minutes and we have a sign-up or do we have >> [snorts] >> everyone prepared to >> Correct. So, >> So, yeah. >> if this vote prevails, what we will do is we will take public comment from the audience. I will ask folks to approach the podium, identify their name and address, and you can give your full address or just your street per our rules. We do limit public comment to 2 minutes per person and our comment period is limited to 30 minutes. So, that will leave us with an opportunity here from 15 attendees. >> I think that's that's what in the motion and we're

005understanding that the >> the motion is going to be. >> Thank you. Great. Thank you. >> No problem. Okay, I think we're ready to call the roll. >> Councilor Colon-Hayes. >> Yes. >> Councilor Condon. >> Yes. >> Councilor Crowe. >> Yes. >> Councilor McDonald. >> Yes. >> Councilor O'Malley. >> Yes. >> Councilor Seka. >> Yes. >> Councilor Simonelli. >> Yes. >> Councilor Taylor. >> Yes. >> Councilor Winslow. >> Yes. >> Council President Linehan. >> Yes. >> Okay, so the rules have been suspended. We'll now allow for public comment. >> Okay, so anybody wishing to give public comment, please come to the podium. I will turn on the microphone in just a moment. And again, please state your name and address, or again, you can state your name and your street and town. And we will

006let you know if you're approaching 2 minutes. >> Sure. Steven South, 106 Damon Road, Medford, Massachusetts. Before I begin, I just wanted to see I only have one other person that's going to speak, and the purpose of me being here is to provide you all with information that the mayor's office has not. So, I would respectfully request 5 minutes, and one other person have two for seven, not the full 30 that we talked about, if that would be acceptable. Cuz I have a significant amount of info to go through that I provided you all with copies of. >> How do folks feel about extending the amount of time? Okay, we'll extend to 5 minutes. Thank you. >> Excellent. Thank you very much, first of all, and thank you all for being here. My name is

007Steven South. I'm the secretary-treasurer of Teamsters Local 25, and represent over 200 City of Malden employees for the Teamsters Union. We were We were notified about a week ago, exactly, that there was going to be significant layoffs within the City of Malden, and specifically with the Teamsters Union bargaining units. I met with the city off the record last week, just to get an idea of what was going on. And they gave me a a list of what they were saying was going to be the layoffs, which was pretty shocking to me because our collective bargaining agreements, which is the red document, provide that the layoffs are by seniority. I actually tabbed it and wrote layoff. If you open that and look at the highlighted language, it specifically says that layoffs shall be um in seniority

008order in each department and that employees can laid off if an employees uh position is eliminated, they can bump someone in another department. So, when I saw that our one of our most two senior employees in the entire city was to be laid off is Michelle Connelly, 41-year employee, and that the city had just hired new employees as recently as 4 weeks ago. Um, and they were saying that Michelle could not bump because she wasn't qualified. She's been here 41 years. She's worked in three or four different departments. She's more qualified than any of the other clerks, especially the ones that have been here four or five or six weeks. I also want to point out uh we can take you through these documents. This is an email just showing the first one, showing the

009employees that were affected. Just the Teamster ones, not if there were there were others. The next document that I have is the letter that went to the actual uh people that are being laid off, which there's uh more than a dozen. And I just want to point out one part in the letter that is pretty disturbing to me. It talks about, "As you are aware, on March 31st, city residents did not vote in favor of the proposed operational override for fiscal year 2027. As an result, the city is facing an economic crisis and is forced to reduce its budget as projected revenues for fiscal year 2027 are insufficient. So, basically blaming the residents for the layoffs. I find that to be ridiculous. Obviously, the the residents votes aren't why people are being laid off. It's

010how the money was spent previously to now. Um so, that's all the letters. You can peruse those when when you want to. The next one is a letter that was sent uh to the mayor from Teamsters Local 25 telling him that the layoffs they were doing were both illegal and in violation of our collective bargaining agreement, which is prompting um you know, litigation right now. And a lot of litigation. The next letters are the two letters that were sent to the Teamsters today when the the city officials already told us that this was their decision. It was final. And the mayor approved it. Well, today we got letters at Local 25, two different letters, one to President Myrie, one to me and Brian Hatch, business agents, saying that they want to meet with us. They're

011going to meet with us, and they're willing to discuss bumping. When pre- previous to that, we were told there wouldn't be bumping. So, I find that to be interesting and obviously because of the rally. The next thing I have for you are the three labor charges that we filed with the Massachusetts Department of Labor Relations in the last 5 days for the illegal actions of the city. Next, now this I found to be very very very peculiar. City knew these layoffs were coming. Why in the last 3 months have they hired 22 new hires, including 13 new hires in the last 6 weeks or so? And now trying to lay off people that have been here for 10, 15, 41 years and keep all the brand new hires. I find that to be really ironic,

012and I find it really to be ironic that some of the new hires have connections to the mayor and his inner circle. I find that to be peculiar. Next, this [clears throat] is every salary of every employee in the city. And I want to talk about four of the employees that are being uh their jobs are being eliminated, the police cadets. And you might say, "What is a police cadet?" In other communities, they call them dispatchers, different titles. Uh they answer the phone when you call 911. They take the police report at the front desk when you come in. They do a lot of uh assisting police officers. >> You're at 5 minutes. Can you wrap it up in the next 10 to 15 seconds? >> Yes. The city wants to lay them off and

013obviously keep all the the highest paid employees in the city and replace the cadets, who are the lowest paid city employees, and replace them with the highest paid. I don't want to see anybody get laid off, but if you're truly laying off to save money, then laying off the the lowest paid and replacing them with the highest paid on overtime, that's that's fake. That's not that's not saving money. I would ask that all of you vote this budget down until the mayor fixes all these issues, and I would ask the mayor to follow the law in our contracts and treat these employees with respect. Thank you. >> Thank you. >> [applause] >> Hi. Denise Spell Bonica, 81 Nolan Street. I've sat through many council meetings and listened to several of you justify your decisions by

014referencing your personal lives and the realities you face at home. Today, I'm asking you to hold yourselves to that same standard because here's mine. On February 20th of 2025, I lost my husband unexpectedly. There was no life insurance. His 401k had been spent helping his son get sober, which is a decision I stand through to today. I applied for social security benefits, and was denied because my income At that point, I had no choice but to face reality and make some very hard decisions. I cut out anything that wasn't essential, moved money around just to maintain basic stability, projects I wanted were put on hold indefinitely, my necessary repairs were financed through an equity line. Through it all, I made sure the fundamentals were covered. My mortgage, my insurance, my health care, and providing a

015home for my mother who depends on me. None of these decisions were easy. Most of them I did not want to make, but they were necessary, and I made them anyway, and I know I am not alone. Many residents in the city are doing the exact same thing every day. So, as you approach your budgets, I am not asking, I'm really expecting you to do the same. Prioritize what truly matters. Fund public safety at the levels required to keep our community protected. Stop allocating money to projects that are not essential to the city's core infrastructure. If capital improvements are necessary, plan responsibly, set funds aside, or finance them over time, but stop spending money we do not have, and stop spending on what we do not need. It's not complicated. It's about discipline, priorities, and

016accountability. Hard decisions are part of leadership. I've had to make them. The residents of this city are making them. Now, it's your turn. Put aside your own personal agendas, do the job you were elected to do, run this city responsibly, protect the services we depend on, and respect the financial realities your constituents are facing on a day-to-day basis. Thank you. >> [applause] >> Can everybody hear me? Um so, my name is Michelle Connelly, 258 Lebanon Street, Malden, Mass. I'm going to use my time to read a letter um from Shanay, one of the cadets that was laid off as she doesn't like public speaking. My name is Shanay Egben Egbenosa, and I'm here not just as an employee, but as a single mother of two and a dedicated police cadet of over 3 years. Becoming

017a police officer has always been my dream. This position wasn't just a job to me. It was a pathway to a future I've been working toward every single day. It also gave me the stability I need to raise my children while continuing to serve my community. Recently, I received a layoff notice. What makes this especially difficult is knowing that there are newer employees within the police department with less time served who are not being laid off. I'm here today because I believe in fairness. I believe in the value of commitment, hard work, and showing up for our community, and I believe those things should matter. I'm asking for the opportunities to continue doing the job I've dedicated myself to and to keep working toward the future I've earned. Thank you for your time. She's a

018single mother of two who's not going to be able to pay her rent when she's laid off if she's laid off in July, and I think everybody should be ashamed of that. >> [applause] >> Is there anybody else that would like to come up for public comment at this time? We do still have plenty of time. Hey. Dave Ball, 79 Waite Street Extension. It's a condo building. If anybody wants to dox me, they're going to have to read the doorbells at the front. I'm sorry. Um proud member of local 902 Malden Fire Department, volunteer with the Friends of the Malden Public Library, proud citizen of Malden, proud worker, proud um person going door-to-door 3 months ago knocking on doors pleading residents to not cut our jobs, proud person to speak up at Q&A meetings to

019ask the tough questions to people in front of audiences that were complaining about immigration and how laws weren't being followed and how the two and a half was too much to bear and how the voters deserved better um city councilors, mayors, uh governors, gods, parents, what have you. Uh [clears throat] I am standing here 3 months later after the vote, tough vote, loss, lost by 100 and something, and I'm wondering where were the Teamsters? >> [laughter] >> May you know, maybe it takes a while for the mail to get to Medford. Maybe they didn't see the bat signal in the sky over Gotham, but I'll I'll tell you if you were there at the Q&A, if you were there doing door-to-door, if you were there talking to city councilors and the mayor, if you were

020there pleading for your jobs instead of at the finish line, which is what this is. Let's be honest. Um you know, we we could have had a chance. We lost by what, a hundred and something votes if the Teamsters had sent out a a flyer, if they had urged their membership and retirees to vote for the two and a half, maybe we're in a bet- we would be in a better situation. Uh just how I see things. Dave Ball, thanks very much. >> Thank you. Anybody else seeking to come up for public comment at this time? We unfortunately cannot take response or comments back. I'm sorry. And I I thank you for understanding, and I I do also want to let folks know that we did not receive any comments by email. Sometimes we do

021read comments by email. We also don't take comments from viewers online. I should have said that at the beginning. So, anybody in the chamber seeking to give public comment? Okay. Councilor McDonald. >> Yeah, thank you. Um thank you all for coming and engaging with us as your elected officials. Uh I'm Councilor McDonald, I'm chair of the Finance Committee. I just wanted to offer a quick point of order and information, which is that we're definitely not voting uh on anything today, and in fact, we always make sure that we have a public hearing in which folks, just like you, are welcome to come and tell us what you think about the proposed budget. That's not going to happen for a couple of weeks, but it will happen before the the Finance Committee takes any votes on

022what will happen or not happen. So, we will make sure that that is that is of course publicized. You are all welcome to come to that public hearing. It has often been a low turnout event, but I suspect that will not be the case this year. So, I just want to make sure that you all know that there are multiple points in this process where you are encouraged and welcome to also engage with us and the decisions that are the council's to make about the proposed budget and that we will make sure that we hear from you before we take votes on the city budget and the choices before us. >> Don't forget while we're here. >> And we will and just so you know that all of the council all of the finance committee

023meetings are also streamed online and they're public meetings. So, you can come and observe. We don't take comments at those at those meetings, but we do have a public hearing and then you'll be able to submit public comment when ultimately the full council votes on this again. So, thank you. >> thank you for suspending the rules and allowing us to speak. We appreciate it. >> Thank you. Thank you for coming and we we will be as Councillor McDonald said having a sequence of meetings on this. So, please do stay engaged and I think seeing no other hands, I will move on to our next order of business. Thank you again. >> Thank you. >> Council will hold a public hearing on National Grid petition to install under underground conduits. Paper 153-26. Could I ask for

024folks to please stay quiet as you leave the chamber. We do have more business to get through. Paper 153-26 petition. Massachusetts Electric Company DBA National Grid plan number 312 National Grid to install underground facilities on Main Street trench and trench and install six 4-in concrete encased conduits from MA A118 to switch gear located at 1100 Main Street approximately 60 ft on public right of way. Hearing required. This is what we're here tonight. We have a representative from National Grid if you Thank you. >> Thank you so much for joining us again. If you could please introduce yourself. >> Good evening. My name is Zane Juma. >> Nice to see you again, Zane. >> You too. >> So, before we start the hearing, do folks have any questions? Do you have anything that you want to

025add? Um it's been a few weeks since we discussed Oh, is this a new Is this a new one? >> This is the one that we had to re-hear. >> Re-hear, correct. >> There was a problem with the abutter's >> The abutter's list, right. Okay. Anything to add before we open the public hearing? >> So, I do have updated drawings that I can provide to you guys. Um Sorry, the updated drawings. >> Yeah, if you can just hand that down to Counselor Simonelli, we'll pass it around. Thank you so much. >> [snorts] >> That's fine. I don't I don't need one. Yeah, you can take one. I'm I'm good. Maybe we have not quite enough. I don't have enough. Does somebody need one? Maybe you share. Okay. >> Is this the car wash? Right, it

026does say car wash, which is really coming along construction-wise. I was down there the other day. Counselor Mally, do you need Do you want to speak to this before we open the hearing? >> Uh sure. I think well, so the the purpose of this is the original hearing was not the correct address. And, um there was some redesign. I'm still working with National Grid and the property owner to get to the the final tweaking of this, but I think it makes sense to have the hearing tonight, receive this new proposal cuz what we have on the agenda is not what is reflected in our hands right now. Um, and so what I would ask is that this be added to this paper history so that the public would be able to see. Um, but I

027do think it makes sense to open the hearing and and hear from National Grid. Um, there there has been progress. Um, and so I do appreciate that Zane and National Grid have been following up and and working towards that. >> Okay, great. So, is is there an incorrect schematic on the agenda or this is just simply not included yet? >> The My understanding is what is on the agenda is what was originally proposed when they applied and this is an updated one. >> Great. >> Whether or not this is the final one is still to be determined. >> Okay, great. So, we'll hang on to this. All right, so hearing that at this time I will declare the public hearing open. So, anyone wishing to speak in favor of this petition, please do come forward

028and state your name and address or street for the record. Anyone wishing to speak in favor? Okay. Hearing none and seeing none, I declare that portion of the hearing closed. Anyone wishing to speak in opposition to the petition? Please come forward and state your name and address for the record. Anyone wishing to speak in opposition? Okay. Seeing none and hearing none, I declare that portion of the hearing closed. Any additional questions, discussion? >> Can I ask a question? >> Of course, counselor Sica. >> How bad is the difference? >> So, we're just we're just moving the equipment further into the lot as Ryan O'Malley suggested in the last hearing. That way it's not visible from the street. Um well, it will still be visible from the street, but it's just deeper into the property. And

029I discussed with Ryan potentially putting a fence up around the equipment, which is completely fine as long as it's behind the bollards. >> Okay, so are you okay with us not voting on this tonight? It seems like they're just moving right along over there. I would hate to >> I would hate to stop the the project from moving forward because honestly I think it looks like a terrible eyesore. I'd like it to get done as quick as possible. So, I just want to make sure that >> Yes, so National Grid and I are generally on the same page. >> Okay. >> What we're What we're What I'm trying to do is get the property owner to be on the same page when it comes to screening and stuff. >> Okay. >> And location of dumpsters

030>> because this is I think I may have had a conversation with the building commissioner about some stuff. >> going in the right direction. I just need a little bit more time to get us to >> Got it. >> to a So, yeah. I And again, we're not >> to do the public We did the public hearing. That's all set. >> And we're not talking about relocating the build- The building is built. So, like we're not talking about changing anything like when it comes to that. Um this is really about how are they going to try to fence off and screen this two giant things. >> Okay. >> Also, where are they putting this dumpster and how are they going to prevent like a rodent problem for the relocation of the dumpster. >> Got it.

031>> So, this is triggering a relocation of the dumpster. I just need to make sure I do do do my due diligence on behalf of the neighborhood. Um but, I do appreciate that National Grid and Zane have been great partners here. Um the property owners and I have been in communication through their attorney. Um there have been a couple of miscalls both directions. So, uh I do see it getting resolved in the near future. >> Perfect. Okay. Thank you. >> I would table this tonight. >> Okay. If you're making that motion, I'll second it. >> I would make that motion with the understanding that we're going to take this up very soon and and hopefully get this over the finish line as soon as possible. >> Okay. I do have one light from Counselor Winslow.

032So, we can take that up in just a moment. Counselor Winslow, you have the floor. >> So, yeah. I I I guess I have to go are the plans like for the actual result of the construction with the being changed cuz one of the things I'm just looking at this parking, it doesn't show any the vacuums and all that type of thing. I mean, that's not National Grid's responsibility shown in this plan. I mean, that's a fair >> is this is our drawing. It's not the customer's yet. So, that's that's So, I just have a question of yeah. >> vacuums are going to be along the building. >> Okay. >> Just like on Broadway. >> Okay. Um I think they're along sidewalk in Broadway. >> Yeah. >> So, um but in any case, I mean,

033one of the challenges we have on Broadway is people wanting to pull into the vacuums and backing up onto the street. So, I guess that's not something National Grid needs to get involved. >> we can probably discuss here. >> Yeah, so but yeah, just just something I you know, I don't know if that's a discussion but just something to worry >> The only other thing that is outstanding with the building owners is a automatic garage door and the distance between the dryers and the exit. >> Okay. >> It's it's So, yeah. So, we're working towards coming to a resolution when it comes to that. >> Okay. Good to hear. >> You know, there's a big there's a big question about are they making it more like the one on in Medford near BJ's or like

034the one on Broadway? So, we're just trying to get to a happy medium. They both have their problems in different ways. >> Okay. >> Um so, yeah. >> No, no. Appreciate your effort, Counselor O'Malley. Thank you. >> Okay. so you So we have a a motion to table by Councillor O'Malley, seconded by Councillor Seka. I guess we need to call the roll on that. Can we do a voice? Okay. Okay, no problem. All in favor? I. Any opposed? Okay, so that is tabled. Thank you, Zane, for coming in again. We'll get this >> So, since it's tabled, do would we have to come here petition again or just talk to you and then okay. >> Yeah. >> You might have to come again. >> Well, yeah, I'm sorry, Councillor. >> My understanding is you might

035have to come again, but you won't have to petition again. This is now the active petition. Um, and I think that we would probably just between scheduling with the clerk, yourself, myself, and the property owner determine when this will next appear on the agenda, but hopefully in the near future. >> Okay. And Councillor Crow, I'm going to put your light on cuz I know you have some other issues that you wanted to take up as well. >> Yeah, since he is here, um, I wanted to see about taking um, 150-26 off the table as well as 151-26. And that's um, 204 Main Street and 213 Main Street. >> Okay, so on Councillor Crow's motion to untable 150-26 and 151-26, seconded by Councillor Seka, all in favor? I. Any opposed? Okay, those are off the table.

036>> And the last time that you came and we did we did the the hearing, it was about, you know, where bollards are and you know, that it's how it impedes sometimes the the um, sidewalk and the other, you know, public ways. And so for 104 Main Street, they are being pushed back, no bollards are going to be necessary, so won't be on the way. One of the issues is that property, everything's pretty much there's not a lot of movement and to be able to access the equipment, they can't move it to the back because it's it's it's kind of too tight. So, it is in a and I wish I I meant to print it out the schematic where it is. So, it is in the >> Right, yeah. I didn't I didn't bring

037a copy with me, either. >> Sorry about that. The it is in a a better location as far back as we could be with be able being able to access the equipment when you do. So, I make a motion to grant. >> Second. >> Okay. I was actually going to recommend that if since we need to suspend our rules to vote on these, could we I might be looking for a motion to suspend our rules to take up the rest of the docket so that we don't have to do this on every item if anybody is open to making that motion. >> I'll make it. >> I'll second it. >> Okay, great. On a motion by from counselor Seeka, seconded by counselor Crow to suspend our rules to take up our remaining docket items, all

038in favor or do we need a roll call for that to suspend rules? >> Uh as long as it's a unanimous vote, we don't need a roll call. >> Counselor O'Malley has stepped away. Is that a problem? >> He said he's recusing himself. >> Oh, he's recusing. I thought he said he needed to step away. I'm sorry. >> No. >> I didn't hear him say that. >> I thought he was using the restroom. I'm sorry. >> So, um It's not unanimous, then. >> We need eight out of 11. So, we still have nine people sitting at this bench. So, it's fine. >> To do a voice vote? >> Yep. >> Okay. All in favor of suspending our rules, >> I. >> Any opposed? Okay. Our rules are suspended. Therefore, we can take up your motion,

039counselor Crow. I apologize. So, you move to Oops, sorry about that, counselor Winzo. Thank you. >> I just have a quick question for Zane. Do I mean, do you have like a for these two, do you have like a date of a plan that we can just refer to that as we're making this motion that or counselor Crow just to say that the plan dated X, so that that's in the record. Cuz right now the this updated these updated plans aren't in the record, so so how should we phrase that? >> Like when I >> The updated plans. One of them's not going to be updated, though. >> Right, 213 Main Street was not >> 213 Main Street. >> Um >> The um we can get to that when we get to that one. >>

040So I I just want clarity as to kind of are we approving what's on the record or is there another plan? >> For 204 Main Street, it's not what's on the record. It's just getting pushed back about 13 ft into the property. I don't have a print on me. I can I can I mean I know I emailed it to you. >> Yes. >> Yeah, I can't get my email, unfortunately, at the moment. >> could have that attached to the agenda. >> We'll have that attached. Yeah, I'll >> Okay. >> make sure that gets attached to the agenda. >> so we just refer to the plans that have been submitted to Councillor Crow or whatever, so yeah. I just want to make sure we're clear. >> No, that's good. That's perfect. >> Great, thanks. >>

041Okay, so we had a motion um I'm sorry, a motion to grant by Councillor Crow, seconded by by Councillor Simonelli with the following conditions. One, that the engineer be called when Dig Safe is notified, and two, that the streets and sidewalks be restored to the satisfaction of the director of public works. All those in favor? I. Any opposed? Okay. Next order >> What was that for both papers or just 150? >> Was that that was for both, correct? Or did you I'm sorry, I may have misheard. >> We we can we can do both. I just let me just say about um 213 and when we had talked about this since they were across the street, we said, "Let's look at that again." As you know, 213 is the old Salvation Army site, and that

042um topography and everything that's happened every piece of that that piece of land is is being used. So there is no place to move it at all. You know, trucks trucks really can't get into >> Exactly. The driveway is too narrow for our >> It's very, very narrow. >> So, it's not possible for us to place the equipment or maintain. We we need to maintain equipment 24/7. >> Right. >> you can't access it, um >> And I did speak to the property owners, which is um um ACDC, [snorts] and they confirmed that, you know, there's no place to to really move it. We really kind of looked at it [snorts] and anything that we possibly could do. But, again, every piece of that piece of property is really being used. >> Yeah. >> Yes. >>

043So, make a motion that we grant it. Just >> Okay, great. So, we'll do that again. On Councilor Crowe's motion to grant, seconded by Councilor Seminelli with the following conditions. One, that the engineer be called when Dig Safe is notified, and two, that the streets and sidewalks be restored to the satisfaction of the director of public works. All those in favor? I. Any opposed? Okay, great. That is granted. >> Thank you. Next order of business, and thank you, Zane. >> Thank you. >> And back up to the top of the agenda to paper 233-26. Paper 233-26 order. The mayor will submit the fiscal year 2027 annual appropriation order for the general fund. I have a memo that I would like to read into the record on behalf of Mayor Christensen. It reads as follows. I

044submit for your consideration the proposed fiscal year 2027 budget. This proposal begins a difficult, yet necessary, process of reducing expenses. One that may need to continue if conditions do not improve. Following the failed Proposition 2 1/2 override, as anticipated, we are facing a structural deficit of nearly $10 million. Addressing this challenge will require a combination of personnel reductions and the use of reserves. The proposed reductions are across multiple departments starting at City Hall and spanning across the city, including public works, the library, the police and fire departments, and several boards and commissions. Where possible, we eliminated positions that recently became vacant due to retirements and resignations. In total, this proposal contains nearly $4.5 million worth of budget cuts. These reductions would have been significantly deeper without the continued use of reserves. The proposal includes the

045use of $5.2 million in reserves, an amount well above the ideal annual range of $3 to $4 million, but necessary but necessary to further lessen the impact on core city services. I recognize that this approach runs counter to the views expressed by many residents who, during the override campaign, urged us to continue maximizing the use of reserves. While doing so would make my job much easier in the short term, it would be irresponsible of us to spend in a matter of a few years what we have saved while not addressing the structural concerns that brought us here. It would also undoubtedly undermine our long-term financial stability and leave our city without the capacity to respond to truly unforeseen events. The use of reserves requires a careful budget, and I [clears throat] anticipate a discussion with

046you on achieving that balance. I strongly encourage full council participation in Finance Committee meetings. While this body cannot add to the pros the proposed budget, I will be open to any proposal supported by a supermajority of the City Council. I am attaching to this memo a copy of my transmittal letter that further details the proposed fiscal year 2027 budget. In addition, you will have received an email containing a link that will take you to a PDF version of the budget. Again, the decisions outlined in this proposal will shape our city for years to come. It represents a coordinated effort across many departments to address the challenges before us. While some may focus while some may be focused on the next mayoral election, this is not a moment for politics. It is a time for us

047to remain focused and work together to navigate this difficult budget year and its long-term implications for our community. And I'm now going to distribute Oh. the transmittal letters with the appropriation as was mentioned in the memo. >> Oh, that's great. I do love a hard copy. And I do see that we have that in our email. Will those be attached to the agenda as well? >> I'm sorry. >> The email I did see that the email that the mayor referenced >> that the mayor is sending out tonight will be attached to the agenda. >> Okay. >> To this paper, 233, and then that then everybody will have access to go in and look at the fine details of the larger budget. >> Okay, great. And I do want to just say for the public watching

048that that file on our docket tonight, the file number that has this order, that will become the source file that our future attachments we can go to to find subsequent additional items related to the budget. So, this will become the starting point. You can find everything from there moving forward as well. >> That's correct. Paper 233 will follow this all the way through the finance committee >> through. >> public hearing and all the stuff. >> Okay, great. Um Councilor O'Malley, I see your light. You have the floor. >> Yes, I just wanted to inform the council and the public um that um based on the conversation that we had in finance um a couple weeks ago, um I requested from the financial team an Excel sheet that will have all of the account numbers, um

049the account number descriptions, uh 2019 actuals by account number, 2025 actuals, um the 2026 budgeted amount, which was appropriated for for this fiscal year, um and also the 2027 proposed budget that we just received. Um having that in an Excel sheet, I think will really help uh aid analysis. Um I know not all of us are necessarily whizzes at at Excel, but I'm sure in in the Finance Committee by sharing a screen, uh we'll be able to kind of better dive into the into the challenges. Um thank you. >> Thank you, Councilor O'Malley. And I did also want, again, for the public's benefit, um trying to find Right. So, on the cityofmalden.org website, if you go scroll down to the common links section, you can see already the fiscal um the proposed budget for next

050year. That takes you to our ClearGov Transparency Center, where you can dive into the different sections. I'm now going to go to Councilor McDonald, our chair of Finance. >> Yeah, thank you, Council President. Um so, everybody should have got You should have in your email You do have in your email right now of city councilors a link to the full budget book. Well, this is just the first couple pages, but the whole thing is like 200 pages. Um and as Council President Linehan said, that is then going to be uploaded to the detailed ClearGov city budget site. So, if you don't If you can't remember where it it is on the homepage, you can also just go to cityofmalden.org/budget, and you can get it from there. Um so, that includes the line-by-line um uh detail

051of the budget and the narratives from the different departments. Um and thank you, Councilor O'Malley, for the point [music] about uh prior year actuals, not all of which are in You're asking for some information that isn't already in ClearGov, and um and our CFO and controller assured me that we'll that we will have that in our hands by the time we uh have our first meeting about this next week. Um So, I just wanted to very briefly review the planned schedule for how the Finance Committee's going to talk through this budget, um which we just discussed in the Finance Committee, but I want to share very briefly here. Um once the budget is submitted, state law gives us 45 days to review and approve the budget, and so that clock starts today. And next week

052we will have an overview meeting with the mayor's finance team about the budget. That's a chance to certainly ask questions and get clarifications about the big picture and a lot of our income sources. Um for the following 3 weeks, we do anticipate meeting with our different budgets and dig [clears throat] excuse me, different departments and digging into their budgets, um including the schools, including uh an opportunity to hopefully speak with every department that is affected by these cuts and reductions, which I think is every department. Um we do need to also have a public hearing. That's in our rules and that is just good practice. And so, as I said, that will happen before the committee vote. Um we are planning that for June 2nd. We'll let you know if that changes certainly before it

053gets formally noticed, and that would set us up for a final set of votes on June 9th for the budget within that 45-day timeline. We do think that we can um have the discussions we need at that time, but we always reserve the right to add another meeting if we need to. It's just that the council also has other things that we need to do in that time. Um and so we we cannot uh only do this, but we will make sure that we have the time for discussion that is needed. For the public following along, you can of course tune in to any of the finance committee meetings. You can come and share at the um at the at the public hearing, and you'll there will be time for public comment ultimately when it

054comes back for that full council vote, kind of like we just did here. The public hearings are usually a little more, you have a little more um time. We're not limited to 30 minutes. Um we have we will have some guidelines, but you you can usually get a little bit more than 2 minutes for sure. Um and and uh so so stay tuned for that. You can also follow along, as I said, at the detailed city budget site. Um I just personally on my, you know, like social media try to post updates as we go through. I already did an update on our expected process last week. I'll do another one this week to help folks who are perhaps not tuned into every single minute of these meetings follow the thread over time. Um so

055that's a lot of process. I do just want to say that, you know, from my perspective as council chair, we only have painful and bad choices at this point. Um the budget that the mayor has submitted, as he said, includes significant use of reserves uh and st- and still significant cuts. Uh and we've heard from the public tonight about how painful some of those cuts um would be uh if actualized. And I just want to reiterate the hope that we can all bring our best and most constructive approaches to trying to find that path forward. Um we're not going to be able to dig into every single idea between now and the 45-day window, but there is certainly um it's helpful to flag things that might take longer than a couple weeks to finalize and

056be able to work on those, too, because this is not uh going to lead to um uh full budget stability even if we enacted all of this right now without any further changes. It's going to take multiple years um to bring us into alignment given the structural forces that we face. So, this is the this is what's before us this year. Um we will make sure that we have a good time to discuss at the council level, engage with our schools and our school committee um about their decisions and recommendations, um and move forward. And I just want to wh- one other point that I'll just make is that we do expect some updates about our health insurance savings after open enrollment closes. Um we won't know uh what all of those savings are until

057the end of May. We'll have a better projection, and we will also know more about state funding at that point. One of the biggest drivers of this budget gap this year and over time has been state funding requirements. It's been the minimum required amount we spend on our schools. It's good to invest in the schools. It's been the way that local government aid doesn't keep up with inflation and this year it's been a much lower than previous years amount of school funding from the state. So we'll know if those numbers change in early June. So that's my brief summary and I'm happy to make a motion to refer to the finance committee if now is a good time to do that. >> Second that. >> Thank you Councillor McDonald. We do have one more light

058but I definitely welcome that motion in a moment. Councillor Clone Hayes. >> Thank you. So thank you. I wanted to say uh a couple of things. I had talked to a few people outside earlier just to let people know that we just received this now. I did anyway. I'm assuming everybody just received it now. We all just received it. So we are not here if anybody was here anticipating that we would have some answers or have a discussion. I just wanted to let everybody know that we haven't even looked at this yet. So you'll be hearing from us during in the finance committee meetings and that's where people should definitely go. That's where a lot of the discussion is. And I will also be interacting online like I do. I'll be asking questions from you

059because I really believe that I need to hear from the people of Baldwin what their thoughts are as well. But also to get some answers. A lot of folks were already asking questions on how some of these cuts were made. You know, what was the process? What was the thought process? And that will all come out in these meetings. But I just wanted to make sure that people watching just weren't expecting that we were going to talk about this tonight. Thank you. >> Thank you Councillor Clone Hayes. Okay. So we have a motion. Seeing no other lights, we have a motion by Councillor McDonald seconded by Councillor Sica to refer this to the finance committee. All in favor? I. Any opposed? Okay, that is referred. Next order of business. Now we sadly have more things

060on the docket. >> [laughter] >> Wishful thinking. >> [laughter] >> Paper 234-26, the city council will address the open meeting law complaint submitted on April 16th, 2026 by Bruce Friedman of 8 Marvin Street, Malden against the council related to the release of executive session minutes on April 14th, 2026. Thank you. I'll invite our city solicitor to the podium. Thank you, solicitor McNeal. >> Hi, Alicia McNeal, city solicitor. Am I addressing Is this receiving >> This is the one you're going to be receiving, a brand new one you're going to be receiving this evening. So what do we need to do? Just refer? >> We need to just refer it to legal, give them the authority to work on um responding. >> I know. They just really all blend together. >> because the deadline is running

061really tight, I would suggest that you consider allowing the legal department to respond without coming back to the council because if that happens, we might miss the deadline. To I'm not I can't remember the deadline at the top of my head. >> me the deadline on this one? >> have it at the top of my head, but um >> Is it 30 days or 14? >> It's 14. >> 14 business days. >> It's past. >> It's 14 It's 14 business days. >> So this was submitted April 16th. Right, it was from April 14th. So this was submitted on the >> We might be able to get this done on May 5th. >> Okay. >> Yeah. >> Okay. So I'm looking for a motion to refer this to the legal department. So, moved by Councillor Seka,

062seconded by Councillor Crow. All in favor? I. Any opposed? Councillor O'Malley is present. Thank you, Ally. Next order of business. Paper 235-26, communication. The fiscal year 2027 Community Block Excuse me, Community Development Block Grant budget has been sent by the mayor's office directly to the Finance Committee to avoid delays on the City Council's review and adoption thereof. The CDBG budget will come back before the full Council with recommendations for a final vote after review by the Finance Committee. And again, like we did last night with the CPC and last week with the CPC budget, this is just a communication to let you know the paper is active, but it went directly to subcommittee. >> Great. I do see a light from Councillor Crow. >> Ooh. >> So, just I need to recuse myself. I I

063don't get paid out of the CDBG, but an organization that I do work for is on the list to receive money. >> Okay. Thank you for that, Councillor Crow. Well, this is just being placed on file. We're not actually discussing. It's up to you. Yeah. I I I probably would, yeah. Um does anybody else want to speak to this or are we okay to take a vote? Councillor McDonald, do you want to Okay, great. >> Just very briefly, we we can talk through this when the actual paper is on the floor, but we did since it is a committee report, um we did take advantage of this time to make sure we could get this done. It does have a federal deadline in May before we were in full-on budget season. So, thanks to our

064strategic planning and community development folks who bring their separately grant-funded salaries that do not uh burden the general fund so much. Uh we appreciate that and look forward to talking through the grants uh next week when they're on the floor. >> Great. Thank you for walking us through that. So, we'll be looking for a motion to receive and place this on file. Okay. Oh, sorry, Counselor O'Malley. You can go right ahead. >> Yeah, and I just um we we had this conversation in finance, um but I think for the full council and the public, um you know, these are funds that we don't always are guaranteed to get from the federal government, but we um are lucky that we have received them. Um and so, one of the things that um I'm happy that our

065OSPCD director um will will be looking at in in future years is is there a way to use our CDB funds um CDBG funds to um make capital improvements to our public facilities, whether that be like roofs or HVAC, um or other, you know, accessibility, ADA. Um you know, if if these are things that we're spending out of our general fund, but there's a way to use, you know, funds that are coming from the federal government, um you know, any any amount helps. Um and so, I just wanted to put that out there at the at the full council level and for the public, and I appreciate uh working with the with the director. Thank you. >> Thank you. Okay, almost done, Counselor. Sorry. So, on a a motion by Counselor McDonald, seconded by Counselor

066Colon-Hayes to receive and place this on file, all in favor? I. Any opposed? Okay, that is received and placed on file. Next order of business. >> Okay, now Counselor Cruse. >> Now she's missing. >> [laughter] >> Paper 236-26, communication. Pursuant to MGL chapter 30A section 22G1, with the approval of Council President Linehan and City Solicitor McNiel, on April 17th, 2026, 11 members of the Malden City Council were invited to review draft executive session minutes in the privacy of the City Clerk's office. The members were asked for a review to both finalize draft minutes and to review for public release. If there were any motions for amendments or needs for further discussion, a date would be set to meet in executive session to deliberate. Otherwise, if there were no objections on behalf of the body, Council

067President Linehan would be tasked with the approval of said minutes. On April 23rd, Council President Linehan authorized the approval of draft executive session minutes from April 7th and 14th to be finalized. Concurrently, a periodic review was completed to determine if a number of minutes warranted continued non-disclosure. Council President Linehan, under the advice of of Council from Solicitor McNiel, has now ordered the City Clerk to release the executive session minutes from the meeting of April 14th, 2026. Under open meeting law MGL chapter 30A subsection 22F, certain executive session meeting minutes are being withheld as publication may defeat the lawful purpose of the executive session. Under the public records law, these same sets of executive session meeting minutes are being withheld based on attorney-client privilege. The meetings were held in executive session with the City Solicitor and

068city officials, creating an attorney-client relationship. The city officials sought legal advice from the City Solicitor, and the communications of these meetings have not been waived. For the above reasons, the following meeting minutes are withheld from public release, and that would be April 7th, 2026. >> Okay, thank you so much to our clerk. Councilor O'Malley. >> I'm just I and I appreciate the the clerk. I know you had reached out to me on a on a Friday and I apologize for not having a chance to return your phone call, um but I we should probably catch up off offline. Um one of the things that I think would be helpful is in addition to the dates, if we could put what the subject of the of it was cuz it's I'm just hearing random dates, but

069if I if it also had like benevolent or address or something like that, I think it would help me understand like oh yeah, that makes sense that this is being withheld or not withheld. Um but I do appreciate and want to recognize that you did reach out and I apologize for not calling you back. >> Thank you, sir. Quite all right. Yeah, and I think that's a good suggestion. We're definitely trying to be responsive to your suggestions, too. >> Thank you. >> Um okay, so thank you for reading that into the record. I'm looking for a vote to also receive and place this on file. Okay, so moved by Counselor Crow, seconded by Counselor McDonald. All in favor? I. Any opposed? Okay, seeing none, that is received and placed on file. Next order of business.

070>> A representative from the Solicitor's office will follow up on paper 203-26 with an update to the council on the investigation into the open meeting law complaint filed by Bruce Friedman of 8 Marvin Street on April 7th, 2026 against the council related to the executive session posted on April 7th under the provisions of MGL Chapter 30A Subsection 21A3 and 20 Subsection 21B3. >> Thank you. Solicitor McNeal, you have the floor. Just to remind folks, we were in court today and we asked for this update, so this is why our solicitor is here. >> That's the second update. This is the first one. >> the first one. I'm so sorry. I'm so sorry. I misread my own notes. Take it away. >> [laughter] >> Um in response to a open meeting law complaint by Mr. Bruce

071Friedman, the City Solicitor's office did an investigation and from the investigation uh we found that uh it was reasonable that we actually not put on the meeting minutes on the agenda rather the purpose of our meeting that we went into on April 7th and um the reason for that was because again uh we believed or I believed that it was um it would likely compromise the purpose of the executive session and although we did not state specifically why we were going into executive session um it we did state that it was for budgetary concern concerns. >> I turned off my microphone cuz it was making that ringing sound before. Do folks have any questions? Okay, so we're looking for a motion to authorize sending the report to the both the complainant and the attorney general.

072>> Yes, please. >> Okay. So moved by counselor Seka, seconded by counselor Winslow. All in favor? I. Any opposed? Right, counselor Amelio no. Okay. So that is so authorized. Next order of business. >> A representative from representative from the solicitor's office will offer an update to the council on the proceedings held in open court on the afternoon of April 28th regarding the matter of Driscoll Corporation v. City of Malden. >> Uh so there was a hearing today this morning and um just to be clear the court ordered or really ordered the city council to uh go into executive session to discuss this further. Um in fact the court wanted us to go into executive session tonight and I told the court that we couldn't because the agenda was already out. So, what I'm about to

073tell you is everything that happened in open court. If you have any questions or comments, I would appreciate it if you would hold those questions if it's not specifically about what happened at court, hold those comments until we convene in executive session. So, uh just to clarify although the docket read that we were going into a hearing for both Benevolent and D'usse, the court made it clear that we were only going to be talking about Benevolent today. So, uh today we talked about Benevolent and the purpose of the hearing was that on March 25th, uh the court made some um comments about what her ruling was and she ordered um the plaintiff, Benevolent, to click to file a motion for clarification, which they did. In their motion, and I'll summarize, um Benevolent essentially said the

074court should not um the the court should permit the city from um seeking a special permit uh for them to open up their marijuana establishment because the court said several things on at the hearing on March 25th. My position, the city's position rather, was that um although the city is willing to allow and to look for a pathway for the plaintiffs to move forward, um based on the court's written decision, it appears that to to the city that they still needed a special permit. And the reasons being is as I've stated before, there are many other um ordinances which 12 12 190, which is invalidated, point to. And if um the court is going to now say that they did don't need a special permit, then a lot of things in the ordinance wouldn't would

075be required to change. Um the court uh so really the the conversation today was based around the special permit. Uh the court did acknowledge at the beginning of the hearing that she was not and did was not asked to nor did she um invalidate or or say that the the uh Benevolent did not require a special permit. Um and I pointed out to the court that the plaintiffs in fact asked the court to in their complaint, the plaintiffs asked the court to um order that the city give them a special permit. And in my view, that indicated that they knew they needed a special permit. Uh the goal of the hearing for me was to and I believe for the plaintiffs was to get clarification as to what the court um now meant with her

076her her comments on March 25th. Uh the plaintiffs um suggested in the court um also is agreeing that the city stipulate to a certain pathway that um Benevolent should follow in order to open up their business. So, Benevolent is uh the court ordered that Benevolent on um Benevolent provide to the court and to the city what they believe the procedure is for them to move forward from here in order to get their um business up and running. Um the court in a nutshell said that the city has treated Benevolent unfairly. She wants the city to treat them fairly. She mentioned also in the hearing that she may order the city to give um Benevolent a special permit. So, that was something that she was thinking about towards the end of the hearing. She also talked

077about again about um sending us to mediation. Uh the So, the order that I believe is coming from the court is that Benevolent will provide the court and the city their again their idea of how we should move forward or they should move forward um and they will provide that by May 8th. Um the court I also brought to the court's attention that on the March 25th hearing she said that her intent was to so was to throw out the entire marijuana regime regimen. And I told her I really wasn't clear what that meant because we had a licensing portion of our ordinance and um the court said, "Well, I don't have any jurisdiction over the licensing portion of it, but my goal is that these people should get or this company should get their

078um should should proceed and open up their business." So, after um Benevolent provides me with their um me and the court with their process of how they should move forward, the court would like us to go into executive session, review that, go into executive session, and discuss whether we think this is the right path, and eventually the court wants the city to also provide them if if there is no stipulation, we can't agree to how they move forward, the city to provide the court with our viewpoint of how they should move forward in the process, and that document is due is due May 20th. From the city. The court also said that she will decide and provide provide clarifying a clarifying decision. She said that she was not very clear in her previous decision, and

079so she will be eventually providing a clarifying decision. There is no new court date. The court wants to gather all of the documents from both parties and think about what her decision will be. Again, towards the end, the court said that she wants the city council the city to work in good faith and use its best effort to try at least come to some resolution with Benevolent Botanicals. Um That's basically it. >> Okay, thank thank you so much. I see a couple of lights. I'm going to go to Councilor O'Malley first. >> Um so I just want to say that I was in attendance today. I believe Councilor Clune Hayes was also. Um and I appreciate that this was put on the open session docket. But as we just heard, Drees was actually not discussed

080today. And I believe that this discussion is just entirely related to Benevolent. And so I would just like to object to us really deliberating this as currently docketed, but I appreciate that we did, and I would like us to do that maybe at a future meeting, maybe the next meeting. Um, and I would be willing to put a paper forward related to that. Thank you. >> Okay, thank you Councillor O'Malley. Um Did you want to address that or no? >> Well, I >> I know we've got a lot of microphones on, sorry. >> saying that when we put the together the agenda, which was last Thursday, we were told that the city solicitor was going to go back into court on this day, and that we would need an update like we're getting right now.

081But the court case is named Dress, I don't have the docket number, but the court case is named Dress et al. v. City of Malden. That's the information that we had at the time that we put this agenda together. We didn't purposely mis-docket it. It's that we didn't know that when the solicitor went to court today, the judge was going to talk solely about Benevolent Botanicals and not about Dress. Had we known that, we could have docketed it or included that differently when we did the agenda, but that was posted last Thursday, and so this was an unforeseen situation that the judge kind of inadvertently put us in. >> And I understand Councillor O'Malley what you're saying, and I I hear you, and I appreciate your thanks for us trying to be proactive at the

082same time. But I understand what you're saying in terms of the concern. Thank you for explaining that. Um, I have next Councillor Winslow. >> Yeah, I just I mean, one thing I might suggest is to have someone from the city council take the lead on maybe reaching out with Benevolent Botanicals, and the solicitor's office to try to resolve something. So when we come to executive session, there's something. So I would be willing to serve that role if that is of interest. It seems like, you know, this is particularly um, my ward, and there's, you know, I've been holding back on getting directly involved out of respect for executive session process, but I think that may be inhibiting resolving the con- you know, the confusion here. So, I I just offer that. I don't know that's

083something we could vote on tonight or just count the Council President assign me to do that with the solicitor. I just offer that. So, yeah. >> Okay. Thank you. Um, Council McDonald. >> Thank you so much for this update, Ellie, and I just want to make sure I understand kind of the the the thumbnail sketch of what is being required and expected of us. So, the judge wants us to promptly set a pathway for botanic Benevolent Botanicals to be able to get a special permit from the city. And they're going to propose that they're going to propose that process? >> No, not a special permit. They uh, Benevolent believes they do not need a special permit and the court is leaning towards the fact that they do not need a special permit. >> Okay. >>

084And so, they want a pathway, the court wants us to come or wants the City Council to come to some, um, agreement or they're if you want to come to your own, um, decision as to the pathway for Benevolent to go from where they are right now to opening their business. >> Got it. >> And Benevolent's position is they do not need a special permit and I believe that's what the court is leaning towards as well. >> Okay. So, So, I'm sorry. So, the correction is that it's not just to get the special permits, it's to get open and operating as a business. >> Yes, without a special permit. >> Okay. And did you also say that the court agreed that she had not previously invalidated the special permit? >> Yes. >> Okay. But, given

085where we're at, she's like, you know, I might just go ahead and do that. >> Well, given the argument that she heard today, I believe that that's her position. That's the direction where she is heading. >> Okay. And the process then is Benevolence going to tell us how they think we should they should we should get there. We'll have a chance they together. We're going to have a chance to respond and say if we can agree to that or find some other point of agreement. And that that is the most urgent thing that the court wants to see and that there will then subsequently at some point be a clarification of ruling or are those things bound up together? >> They are not bound up together. So, at whether we come to a decision or

086not, I believe the court really needs to be clear about what her decision should say. So, she did say that she's going to clarify her judgment after she gets that paperwork. So, I believe that it is two separate things. >> Okay. All right. Well, I am eager to see us find that pathway to resolution and be able to then uh, make sure that we do get that clarification. I agree with you that I think it's essential that we need that clarification so that we can in fact adjust our ordinances appropriately. >> Yes. Um, so the clarification obviously would come after uh, we file the paperwork with the court, both the plaintiff and the city. >> To to clarify the pathway. >> If we come to an agreement, that will be the clarification of the pathway.

087However, the court will clarify her judgment so that it's clear on the record. >> Got it. Okay. Thank you very much. >> You're welcome. >> Thank you, Counselor McDonald. I next have Counselor Colone-Hayes. >> Thank you very much. Um, thank you. That was a being on the call a great synopsis of what happened, but I originally hit my light because I had the same question that um, Counselor O'Malley did about why it was docketed as Drees. And so, um, we already went over that, but that's why I originally put that on, but I do remember that we were asking for a clarification on Benevolent. So, I'm not sure why it's listed as Drees, but it sounds like it's because that's the name of the um actual case. >> Okay. >> Just to clarify that. >>

088I'm sorry. If I can sort of clarify that, the on March 25th, the hearing [snorts] was specifically for the Drees matter. Benevolent was not included in in in it, and this is part of my pleading to the court. Benevolent wasn't included with it. I had no idea that Benevolent was going to speak, and that particular hearing was converted from a Drees matter to a Benevolent matter. And so, when the court docketed it, she docketed it, or the court docketed it for um I believe maybe both Drees and Benevolent. I know she she provided it to all three parties, including the city. So, I'm not sure how it was docketed, but that was because it wasn't originally a Drees versus the city of Malden matter. >> Right. All right. >> So, that's for clarification for the

089record and why it may may have been unclear on the doc on the agenda tonight. >> Oh, thank you. Yeah, cuz I even could confuse myself. Um the other thing was um I heard that we're going to be making sure that that um Benevolent, you know, moves forward as fast as possible, but you did ask some questions, and I'm thinking if you can clarify the answer to whether or not we are only making a decision on Benevolent about a special permit and not like um on all other cannabis license that comes before us. Can you remind >> what the court said today? >> Yes, what the court said today. >> Yeah, the court said that she doesn't know. Okay. You're all set, [snorts] Counselor Clonan. >> Oh, yeah. >> Okay, no problem. Thank you. >>

090[laughter] >> Um okay, so I don't think we need to take a vote. I we're just receiving an update tonight. Um to Counselor Winslow's point, I think the solicitor and I can confer on what makes sense in terms of outreach to Benevolent and what that representative you know, what makes the most sense. I'm happy to um have a conversation over the next day or so and we can circle back on that. Is there anything else that you want to add? >> want to add two things. I I um the court wanted us to have the executive session ASAP. I'm not sure that I'm going to be available next week. I'll find out by Thursday, so it may have to be postponed until the week after that, but when we have the executive session, I know

091um Counselor um Condin brought it up at the last time. I really think that it would be appropriate to include our building commissioner in this conversation since he is the person that would be enforcing the zoning and um also um Ron Hogan since he is the chairperson of Clark. >> Yes, thank you for reminding us of that. That sounds fine and I'll work with you on the scheduling the executive session. >> Okay, thank you. >> Thank you so much for being here. >> You're welcome. >> Okay, next order of business. The docket is clear. Okay. Okay, we have a motion to adjourn by Counselor Winslow seconded by Counselor Taylor. All in favor? I. Any opposed? I hope not. We are adjourned at 8:22. Sure. Oh, Jesus.

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