WEBVTT METADATA Video-Count: 1 Video-1: youtube.com/watch?v=bj42mIO1ZHI Part: 1 1 00:15:59.759 --> 00:16:16.320 Okay, the time is now 7:06. The council will come to order. I'll 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 2 00:16:16.320 --> 00:16:34.160 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 Massachusett Penuk and Pucket peoples whose ancestral lands we now call home 3 00:16:34.160 --> 00:16:50.320 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 4 00:16:50.320 --> 00:17:06.720 recognized and respected in the life of our city. Clerk, will you now please call the role? >> Council Clone Hayes >> here. >> Council Pond. >> Council here. >> Council Lewang. 5 00:17:06.720 --> 00:17:21.679 >> Council McDonald >> here. >> Council Ali here. >> Council Sea here. >> Council Simmonelli. >> Council Taylor >> here. Council Winsow >> here. >> Council President Lan >> here. Attend. >> Thank you, Madam Clerk. Okay. Okay, under the provisions of the open meeting law, for those of you in attendance, 6 00:17:21.679 --> 00:17:36.799 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 Deacy recording audio and video tonight. 7 00:17:36.799 --> 00:17:56.160 Is there anyone else present tonight who is recording in addition to Uma and Mr. Deacy? Can you please selfidentify at this time? Okay, thank you. Next order of business, Councelor Omali. >> Uh, we have a number of members of the 8 00:17:56.160 --> 00:18:11.919 public that would like to um comment for public comment. Uh, 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 councelor Ali's motion seconded by councelor Cologne Hayes for those watching. So, 9 00:18:11.919 --> 00:18:27.120 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. Um, take a vote on whether to suspend our own rules to be able to allow public comment. So, a yes, 10 00:18:27.120 --> 00:18:43.600 a yes vote would allow public comment this evening. >> Oh, yes. Sorry, Councelor Winsley, I didn't see your light. You have the floor. >> So, normally public comment we limited that to 30 minutes and we have a sign up. Are do we have are we prepared to >> correct that? So yeah, 11 00:18:43.600 --> 00:18:58.640 >> if this vote prevails, what we will do is we will take uh 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 12 00:18:58.640 --> 00:19:15.440 rules. Um we do limit public comment to two minutes per person and our comment period is limited to 30 minutes. So that will leave us with an opportunity to hear from 15 attendees. >> Does that sound sufficient? what the motion and we're understanding. >> That's what the motion is going to be. >> Thank you. Great. Great. Yep. 13 00:19:15.440 --> 00:19:35.360 >> No problem. >> Okay, I think we're ready to call the role. >> Council Cologne Hayes, >> yes. >> Council Condan, >> yes. >> Council Crow, >> yes. >> Council McDonald, >> yes. >> Council Romani, yes. >> Council Sea, >> yes. 14 00:19:35.360 --> 00:19:50.480 >> Council Simonelli, >> yes. >> Council Taylor, >> yes. >> Council Winsow, >> yes. Council President Lahan. >> 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 15 00:19:50.480 --> 00:20:06.799 name and address or again you can state your name and your street and town and we will let you know if you're approaching two minutes. >> Sure. Steven South 106 Damon Road, Medford, Massachusetts. Before I begin, I just wanted to see uh I only have one other person that's going to speak and 16 00:20:06.799 --> 00:20:22.400 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 five minutes and one other person have two for seven uh not the full 30 that we talked about if that would be acceptable because I have 17 00:20:22.400 --> 00:20:38.400 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 five minutes. Thank you. >> Excellent. Um, thank you very much first of all and uh thank you all for being 18 00:20:38.400 --> 00:20:54.000 here. My name is Steven South. I'm the secretary treasur of Teamsters Local 25 and represent uh over 200 city of Malden employees for the Teamsters Union. Uh we were we were notified about a week ago exactly that there was going to be 19 00:20:54.000 --> 00:21:09.440 significant layoffs within the city of Malden and specifically with the Teamsters Union bargaining units. Um I met with the city off the record last week just to get an idea what was going on. and they gave me a a a list of what 20 00:21:09.440 --> 00:21:24.240 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 21 00:21:24.240 --> 00:21:40.799 at the highlighted language, it specifically says that layoff shall be uh in seniority order in each department and that employees can laid off. If a employees uh position is eliminated, they can bump someone in another 22 00:21:40.799 --> 00:21:58.640 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 Connley, 41-year employee, and that the city had just hired new employees as recently as four weeks ago. 23 00:21:58.640 --> 00:22:15.039 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 for five or six 24 00:22:15.039 --> 00:22:30.159 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 employees that were affected, just the Teamster ones, not if there there were others. The next 25 00:22:30.159 --> 00:22:47.919 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 31, city 26 00:22:47.919 --> 00:23:02.400 residents did not vote in favor of the proposed operational override for fiscal year 2027. As a result, the city is facing an economic crisis and is forced to reduce its budget as projected 27 00:23:02.400 --> 00:23:20.559 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 how the money was spent previously to now. Um so that's 28 00:23:20.559 --> 00:23:36.000 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 29 00:23:36.000 --> 00:23:51.840 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 30 00:23:51.840 --> 00:24:07.120 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 Mury, one to me and Brian Hatch, business agent, saying that they want to meet with us, they're going to meet with us, and 31 00:24:07.120 --> 00:24:22.720 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 32 00:24:22.720 --> 00:24:37.760 of Labor Relations in the last five 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 three 33 00:24:37.760 --> 00:24:54.400 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 34 00:24:54.400 --> 00:25:10.640 hires. I find that to be really ironic and 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 is every salary of every employee in the 35 00:25:10.640 --> 00:25:26.480 city. And I want to talk about four of the employees that are being uh their jobs are being eliminated. The police cadetses. And you might say, "What is a police cadet?" In other communities, they call them dispatchers, different titles. Uh they answer the 36 00:25:26.480 --> 00:25:44.000 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 15 seconds? >> Yes. The city wants to lay them off and obviously keep all the the highest paid 37 00:25:44.000 --> 00:25:59.600 employees in the city and replace the cadetses 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 38 00:25:59.600 --> 00:26:15.840 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 and our contracts and treat these 39 00:26:15.840 --> 00:26:41.200 employees with respect. Thank you. >> Thank you. >> Hi Denise Belboni Kawi 81 Nulan Street. I've sat through many council meetings and listened to several of you justify your decisions by referencing your personal lives and the realities you 40 00:26:41.200 --> 00:26:56.720 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 41 00:26:56.720 --> 00:27:12.080 sober, which is the decision I stand through to today. I applied for social security benefits but was denied because my income. And at that point, I had no choice but to face reality and make some very hard decisions. I cut out anything 42 00:27:12.080 --> 00:27:27.760 that wasn't essential. Moved money around just to maintain basic stability. Projects I wanted were put on hold indefinitely while necessary repairs were financed through an equity line. Through it all, I made sure the fundamentals were covered. my mortgage, 43 00:27:27.760 --> 00:27:45.200 my insurance, my health care, and providing a home 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 this city are 44 00:27:45.200 --> 00:28:01.600 doing the exact same thing every day. So, as you approach your budgets, I am 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 45 00:28:01.600 --> 00:28:17.440 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 46 00:28:17.440 --> 00:28:34.159 and stop spending on what we do not need. It's not complicated. It's about discipline, priorities, and accountability. 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 47 00:28:34.159 --> 00:28:51.039 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. Thank 48 00:28:51.039 --> 00:29:13.440 you. 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 Chennai, one of the cadets that was laid 49 00:29:13.440 --> 00:29:29.039 off as she doesn't like public speaking. My name is Chené Ignosa and I'm here not just as an employee, but as a single mother of two and a dedicated police cadet of over three years. Becoming a police officer has 50 00:29:29.039 --> 00:29:44.799 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 51 00:29:44.799 --> 00:30:01.760 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 52 00:30:01.760 --> 00:30:17.760 believe those things should matter. I'm asking for the opportunity 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 single mother of two who's not going to be able to pay her rent when 53 00:30:17.760 --> 00:30:47.760 she's laid off if she's laid off in July. And I think everybody should be ashamed of that. >> Is there anybody else that would like to come up for public comment at this time? We do still have plenty of time. Hey, uh Dave Ball, 79 Weight Street 54 00:30:47.760 --> 00:31:04.799 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 uh local 902 Malden Fire Department. Uh volunteer with the friends of the Malden 55 00:31:04.799 --> 00:31:20.480 Public Library. Proud citizen of Malden. Proud worker. proud um person going door todo three months ago knocking on doors pleading residents to not cut our jobs. 56 00:31:20.480 --> 00:31:36.559 proud person to speak up at Q&A meetings to ask 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 57 00:31:36.559 --> 00:31:54.399 half was too much to bear and how the voters deserved better um city councilors, mayors, uh governors, gods, parents, what have do uh I am standing here 3 months later 58 00:31:54.399 --> 00:32:12.320 after the vote tough vote loss lost by 10 and something and I'm wondering where were the teamsters 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 59 00:32:12.320 --> 00:32:27.840 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 there pleading for your jobs 60 00:32:27.840 --> 00:32:44.720 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 whatund and something votes if the teamsters had sent out a a flyer. if they had urged their 61 00:32:44.720 --> 00:33:02.519 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. Thanks, Dave Ball. Thanks very much. >> Thank you. 62 00:33:05.519 --> 00:33:26.559 >> 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 63 00:33:26.559 --> 00:33:42.840 we did not receive any comments by email. Sometimes we do read 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? 64 00:33:48.240 --> 00:34:10.560 >> Okay. >> Oh, absolutely. >> Councelor McDonald. >> Yeah. Thank you. Um, thank you all for coming and engaging with us as your elected officials. Uh, I'm Councelor McDonald. I'm chair of the finance committee. I just wanted to offer a 65 00:34:10.560 --> 00:34:26.879 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 66 00:34:26.879 --> 00:34:43.040 of weeks, but it will happen before this the finance committee takes any votes on what will happen or not happen. So, we will make sure that that 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 67 00:34:43.040 --> 00:34:59.040 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 um and the decisions that are the councils to make uh about the proposed budget and that we will make 68 00:34:59.040 --> 00:35:17.040 sure that we hear from you before we take votes on the city budget and the choices before us. >> And we will and just so you know, all of the council all of the finance committee meetings are also streamed online and they're public meetings. So you can come and observe. We don't take comments at 69 00:35:17.040 --> 00:35:32.640 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, >> thank you. >> I will say thank you for suspending the rules and allowing us to speak. We appreciate it. >> Thank you. Thank you for coming and we 70 00:35:32.640 --> 00:35:50.320 we will be, as Councelor McDonald said, having a sequence of meetings on this. So please do stay engaged. Um 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 71 00:35:50.320 --> 00:36:13.920 underground conduits. Paper 153-26. >> Could I ask for folks 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 72 00:36:13.920 --> 00:36:31.040 National Grid plan number 312 39416 National Grid to install underground facilities on Main Street. Trench trench and install six 4-in concrete encased conduits from MA A118 to switch gear located at 1100 Main Street 73 00:36:31.040 --> 00:36:49.280 approximately 60 ft on public right of way. Hearing required. This is what we hear tonight. We have a representative from National Grid. Thank you. >> Thank you so much for joining us again. If you could please introduce yourself. >> Good evening. My name is Zay Juma. 74 00:36:49.280 --> 00:37:07.599 >> Nice to see you again, Zay. >> You too. >> So before we start the hearing, do folks have any questions? Do you have anything that you want to add? Um it's been a few weeks since we discussed Oh, this is a new Is this a new one? >> This is the one that we had to rehear. >> Rehear. Correct. There was a problem 75 00:37:07.599 --> 00:37:24.160 with the abutters. >> The abutters 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. 76 00:37:24.160 --> 00:38:06.400 >> Yeah, if you can just hand that down to councelor Simmonelli, we'll pass it around. Thank you so much. That's fine. I don't I don't need one. >> You can take one. >> We have not quite enough. >> Does somebody need one? Is this the car wash? 77 00:38:06.400 --> 00:38:26.880 >> Right. It does say car wash, which is really coming along constructionwise. I was down there the other day. >> Councilor Mallerie, 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 78 00:38:26.880 --> 00:38:44.720 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 because what we have on the 79 00:38:44.720 --> 00:39:00.640 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 do think it makes sense to open the hearing and and hear from National Grid. Um, there there has 80 00:39:00.640 --> 00:39:17.440 been progress. Um, and so I do appreciate that Zayn 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 81 00:39:17.440 --> 00:39:34.400 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 82 00:39:34.400 --> 00:39:50.800 and 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. 83 00:39:50.800 --> 00:40:07.599 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 84 00:40:07.599 --> 00:40:23.599 that portion of the hearing closed. Any additional questions, discussion? >> Can I ask? >> Of course. Counselors see, >> how bad is the difference? 85 00:40:23.599 --> 00:40:39.760 >> So, we're just we're just moving the equipment further into the lot as Ryan Ali 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 I discussed with Ryan 86 00:40:39.760 --> 00:40:57.280 potentially putting a fence around the equipment, which is completely fine as long as it's behind the ballards. >> 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 >> put to stop the the project from moving 87 00:40:57.280 --> 00:41:13.520 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 >> Yeah. 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 88 00:41:13.520 --> 00:41:29.040 the same page when it comes to screening and stuff and location of dumpsters because this is >> I think I may have had a conversation with the building commissioner about some stuff. >> We're going the right direction. I just need a little bit more time to get us to So, yeah. And again, we're not 89 00:41:29.040 --> 00:41:45.599 >> we're going to do the public. We did the public hearing. That's all set. >> And we're not talking about relocating the the building is built. So like, okay, 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 90 00:41:45.599 --> 00:42:00.480 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. So, this is triggering a relocation of the dumpster. I just need to make sure I do do my due diligence on behalf of the 91 00:42:00.480 --> 00:42:17.040 neighborhood. Um, but I do appreciate that National Grid and Zayn have been great partners here. Um, the property owners and I have been in communication through their attorney. Um, there have been a couple mis calls both directions. So, okay. I do see it getting resolved 92 00:42:17.040 --> 00:42:32.079 in the near future. >> Perfect. Okay. Thank you. >> I would table this tonight. Sure. Um, but with the >> If you have 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. 93 00:42:32.079 --> 00:42:48.640 >> Okay. I do have one light from councelor Winsow, so we can take that up in just a moment. Councelor Winsley, you have the floor. >> Yeah, I I guess I'd have to go. Um, are the plans like for the actual result of the construction with the um being changed? Because one 94 00:42:48.640 --> 00:43:03.920 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 showing this plan. >> No, this is this is our drawing. It's not it's not the customer yet. So, that's that's So, I just have a question. >> The vacuums are going to be along the 95 00:43:03.920 --> 00:43:19.680 building. >> Okay. >> Just like on Broadway. >> Okay. Um I think they're along the sidewalk on Broadway. >> Y. >> So, um but in any case, I mean, one of the challenges we have on Broadway is people wanting to pull into the vacuums 96 00:43:19.680 --> 00:43:37.520 and backing up onto the street. So I guess that's not something national grid >> I don't know what 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 >> the only other thing that is outstanding with the building uh owners is um a 97 00:43:37.520 --> 00:43:53.119 automatic garage door and the distance between the dryers and the exit. >> Okay. >> Um it's it's so yeah so >> we're working towards coming to a resolution when it comes to that. Um, you know, there's a big there's a big question about are they making it more 98 00:43:53.119 --> 00:44:10.000 like the one on in Medford near BJ's or like the one on Broadway. Um, so we're just trying to get to a happy medium. They both have their problems in different ways. Okay. >> Um, so yeah. >> No, appreciate your effort, Councelor Ali. Thank you. >> Okay. So you So we have a a motion to 99 00:44:10.000 --> 00:44:29.119 table by councelor Ali, seconded by councelor Sika. I guess we need to call the role on that. >> Can we do a voice? Okay. Okay. No problem. All in favor? >> I. Any opposed? >> Okay. So, that is tabled. 100 00:44:29.119 --> 00:44:45.119 >> Thank you, Zayn 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, counselor. >> My understanding is you might have to come again, but you won't have to 101 00:44:45.119 --> 00:45:00.560 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. >> How about 102 00:45:00.560 --> 00:45:15.359 >> Okay. And councelor Crow, I'm going to put your light on because I know you have some other issues that you wanted to take up as Yeah, since he is here, um I wanted to see about taking um 15026 off the table as well as 103 00:45:15.359 --> 00:45:31.200 15126 and that's um 204 Main Street and 213 Main Street. >> Okay. So on Councelor Crow's motion to on table 15026 and 15126 seconded by councelor Seika. All in 104 00:45:31.200 --> 00:45:49.040 favor? I. Any opposed? Okay, those are off the table. >> And the last time that you came and we did we did the the hearing, it was about, you know, where ballards are and you know that it's how it impedes sometimes the the um sidewalk and the 105 00:45:49.040 --> 00:46:04.960 other, you know, public ways. And so for 104 Main Street, they are being pushed back. No balls are going to be necessary, so it 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 106 00:46:04.960 --> 00:46:22.000 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 >> I didn't bring a copy with me either. >> Sorry about that. the um it is in a um a 107 00:46:22.000 --> 00:46:37.520 better location as far back as we could be with be a being able to access the equipment when needed. >> 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 108 00:46:37.520 --> 00:46:54.079 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 councelor Seika, seconded by councelor 109 00:46:54.079 --> 00:47:11.040 Crow to suspend our rules to take up our remaining docket items. All in favor or do we need a roll call for that to suspend rules? >> As long as it's unanimous, vote, we don't need a roll call. >> Council Mali 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, 110 00:47:11.040 --> 00:47:27.280 >> I didn't hear him say that. >> I thought he was using the restroom. I'm sorry. >> So, um, >> it's not unanimous. We need eight out of 11. So, we still have nine people sitting at this bench. So, it's >> to do a voice vote. Yep. 111 00:47:27.280 --> 00:47:44.319 >> Okay. All in favor of suspending our rules? >> I. Any opposed? >> Okay. The rules are suspended. Therefore, we can take up your motion. Councelor Crow. I apologize. So, you move to 112 00:47:44.319 --> 00:48:01.119 >> Oh, sorry about that. Councelor Winsow. Thank you. I just have a quick question for Zane. I mean, do you have like a um 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 councelor Crow just to say that the plan dated X? So that that's in the record 113 00:48:01.119 --> 00:48:17.359 because right now the this updated these updated plans aren't in the record. So So how should we phrase >> for the plans? Like when I >> the updated plans, one of them is not going to be updated though, >> right? 213 Main Street. >> 213 Main Street. Um >> the um and we can get to that when we 114 00:48:17.359 --> 00:48:33.359 get to that one. >> So 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. Um 115 00:48:33.359 --> 00:48:50.240 >> I don't have a print on me. I can I can I mean I know I emailed it to you. Yes. Um >> and I can't get my email unfortunately at the moment. >> We could have that attached to the agenda. We'll have that attached. Yeah, I'll >> make sure that it gets attached the >> defer the plans that have been submitted 116 00:48:50.240 --> 00:49:06.480 to councelor Crow or whatever. So, yeah, I just want to make sure we're clear. >> That's perfect. >> Great. Thanks. >> Okay, so we had a motion um I'm sorry, a motion to grant by councelor Crow, seconded by >> by councelor Simelli with the following 117 00:49:06.480 --> 00:49:23.839 conditions. One, that the engineer be called when dig safet 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 or >> was that for both papers or just 150? 118 00:49:23.839 --> 00:49:40.559 >> Was that that was for both correct or did you I'm sorry I may have misheard >> we we could 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 um topography and 119 00:49:40.559 --> 00:49:56.079 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 really can't get into Exactly. The driveway is too narrow for very narrow. So, it's not possible for 120 00:49:56.079 --> 00:50:12.640 us to place the equipment or maintain. We we need to maintain equipment 24/7. we can't access it. Um, >> and I did speak to the property owners, which is um um AC/DC, and they confirmed that, you know, there's no place to to really move it, and we really kind of 121 00:50:12.640 --> 00:50:27.520 looked at it and anything that we possibly could do, but again, every piece of that piece of property is really being used. >> Yes. >> So, make a motion that we grant it just >> Okay, great. So, we'll do that again on councelor Crow's motion to grant 122 00:50:27.520 --> 00:50:43.040 seconded by councelor Simmonelli 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? 123 00:50:43.040 --> 00:51:09.040 Okay, great. That is granted. >> Thank you. >> Thank you. Next order of business and thank you, Zayn. >> Thank you. Going back up to the top of the agenda to paper 233-26. Paper 2 233-26. 124 00:51:09.040 --> 00:51:25.520 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 submit for your consideration the proposed fiscal year 125 00:51:25.520 --> 00:51:41.839 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 and a half override, as anticipated, we are facing a structural deficit of nearly 126 00:51:41.839 --> 00:51:57.440 $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 127 00:51:57.440 --> 00:52:14.160 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 128 00:52:14.160 --> 00:52:29.680 been significantly deeper without the continued use of reserves. The proposal includes the use of $5.2 million in reserves in amounts well above the ideal annual range of 3 to4 million, but necessary to further lessen the impact 129 00:52:29.680 --> 00:52:45.599 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 130 00:52:45.599 --> 00:53:01.920 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 131 00:53:01.920 --> 00:53:19.040 unforeseen events. The use of reserves requires a careful budget and I anticipate a discussion with you on achieving that balance. I strongly encourage full council participation in finance committee meetings. While this body cannot add to the pro propos the proposed budget, I 132 00:53:19.040 --> 00:53:35.440 will be open to any proposal supported by a supermajority of the city council. I am attaching to this memo a copy of my transmitter letter that further details the proposed fiscal year 2027 budget. In addition, you will have received an email containing a link that will take 133 00:53:35.440 --> 00:53:52.319 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 134 00:53:52.319 --> 00:54:06.720 on the next mayoral election, this is not a moment for politics. It is a time for us to remain focused and work together to navigate this difficult budget year and its long-term implications for our community. 135 00:54:06.720 --> 00:54:23.680 And I'm now going to distribute oh the transmitt uh letters with the appropriation as was mentioned in the memo. >> Oh, that's great. I do have 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. 136 00:54:23.680 --> 00:54:40.160 >> The email I did see that the email that the mayor referenced >> the link 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 that that file 137 00:54:40.160 --> 00:54:57.040 so on our docket tonight the file number that has this order that will become the source file that 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 138 00:54:57.040 --> 00:55:14.480 forward as well. >> That's correct. Paper 233 will follow this all the way through the findings, the public hearing and all the stuff. >> Okay, great. Um, councelor Ali, 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 139 00:55:14.480 --> 00:55:32.559 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 the account number descriptions. uh 2019 actuals by account number, 2025 actuals, 140 00:55:32.559 --> 00:55:48.960 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 141 00:55:48.960 --> 00:56:04.960 us are necessarily whizzes as 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, Councelor Ali. And I did also want again for the public's benefit, um, 142 00:56:04.960 --> 00:56:20.799 I'm trying to find Right. So, on the city of Malden.org website, if you go scroll down to the common links section, you can see already the fiscal um, the proposed budget for next year. That takes you to our clear gov transparency center where you can dive into the 143 00:56:20.799 --> 00:56:36.880 different sections. I'm now going to go to councelor 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, but this 144 00:56:36.880 --> 00:56:53.440 is just the first couple pages, but the whole thing is like 200 pages. Um, and as council president Lahen 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 is on the homepage, you can also just 145 00:56:53.440 --> 00:57:10.160 go to city of molton.org/budget and you can get it from there. Um, so that includes the line by line um, uh, detail of the budget and the narratives from the different departments. Um and thank you councelor Mali for the point about uh prior year actuals not all of 146 00:57:10.160 --> 00:57:26.960 which are in you're asking for some information that isn't already in clear gov and um and our CFO and controller assured me that will that we will have that in our hands by the time we have our first meeting about this next week. Um, so I just wanted to very briefly review the planned schedule for how the 147 00:57:26.960 --> 00:57:41.440 finance committee is 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 148 00:57:41.440 --> 00:57:58.160 today and next week we 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 three weeks, we do anticipate meeting with our different 149 00:57:58.160 --> 00:58:14.480 budgets and dig, 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 150 00:58:14.480 --> 00:58:31.839 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 gets formally noticed, and that would set us up for a final set of votes on June 9th 151 00:58:31.839 --> 00:58:49.599 for the budget within that 45day 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 152 00:58:49.599 --> 00:59:05.520 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 153 00:59:05.520 --> 00:59:21.680 comes 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 two minutes for sure. Um and 154 00:59:21.680 --> 00:59:38.079 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 155 00:59:38.079 --> 00:59:54.480 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 that'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 156 00:59:54.480 --> 01:00:09.920 choices at this point. Um, the budget that the mayor has submitted, as he said, includes significant use of reserves uh and and still significant cuts. Uh, and we've heard from the public tonight about how painful some of 157 01:00:09.920 --> 01:00:27.440 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 45day 158 01:00:27.440 --> 01:00:43.200 window, but there is certainly um it's helpful to flag things that might take longer than a couple weeks to finalize and be 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 159 01:00:43.200 --> 01:00:58.880 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 160 01:00:58.880 --> 01:01:15.200 with our schools and our school committee um about their decisions and recommendations um and move forward. And I just want to 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 161 01:01:15.200 --> 01:01:30.160 we won't know uh what all of those savings are until the end of May. will 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 uh and over time has been state funding 162 01:01:30.160 --> 01:01:46.559 requirements. It's been the minimum required amount we spent 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 um a much lower than previous years um amount of school funding from the state. So, we'll know 163 01:01:46.559 --> 01:02:03.599 if those numbers change uh in early June. So, that's my brief summary. Uh and I'm happy to make a motion to refer to the finance committee um if now is a good time to do that. >> Thank you, Councelor McDonald. We do have one more life. I definitely welcome that motion in a moment. 164 01:02:03.599 --> 01:02:19.920 >> Councelor Cologne Hayes. >> Thank you. Um so, thank you. Um 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. Um I did anyway. I'm assuming 165 01:02:19.920 --> 01:02:35.440 everybody just received it now. We all just received it. So we are not here. If anybody was here um anticipating that we would have some answers or have a discussion, I just wanted to let everybody know that we uh haven't even looked at this yet. So you'll be hearing 166 01:02:35.440 --> 01:02:51.119 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. Um, and I will also be uh interacting online like I do. Um, I'll be asking questions from you because I really believe that I need to hear from the people of Malden what their thoughts 167 01:02:51.119 --> 01:03:07.200 are as well, but also um to get some answers. A lot of folks were already asking questions on how some of these cuts were made. Um, 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 168 01:03:07.200 --> 01:03:22.079 talk about this tonight. Thank you. Thank you, councelor Cologne Hayes. Okay, so we have a motion, seeing no other lights, we have a motion by councelor McDonald, seconded by councelor Sika um to refer this to the finance committee. All in favor? 169 01:03:22.079 --> 01:03:44.559 >> I. Any opposed? Okay, that is referred. Next order of business. >> Motion. >> No, we sadly have more things on the docket. >> Wishful thinking. >> Read the agenda. paper 234-26. 170 01:03:44.559 --> 01:04:00.880 The city council will address the open meeting law complaint submitted on April 16th, 2026 by Bruce Freriedman 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 171 01:04:00.880 --> 01:04:16.799 solicitor to the podium. Thank you, Solicitor McNeel. Hi, Alicia McNeel, 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. 172 01:04:16.799 --> 01:04:31.599 >> So, what do we need to do? Just refer? >> Oh, we need to just refer to legal. Give them the authority to work on um >> responding. >> How to do this by now? >> I know they just really all blend together. And also because the deadline is running really tight, I would suggest 173 01:04:31.599 --> 01:04:47.280 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. You >> remind me of the deadline. >> I don't have it in front of me off the top of my head, but um 174 01:04:47.280 --> 01:05:03.039 >> is it 30 days or 14? >> It's 14. >> 14 business days. >> That's faster. >> It's 14. It's 14 business days. So this was submitted April 16th. >> Sorry. >> Right. It was from April 14th. So this 175 01:05:03.039 --> 01:05:18.400 was submitted on >> 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 councelor Sika, seconded by councelor Crowe. All in favor? I. Any 176 01:05:18.400 --> 01:05:39.440 opposed? >> Councelor Ali is present. >> Thank you Ally. Next order of business, paper 235-26, communication. The fiscal year 2027 community block comm excuse me, 177 01:05:39.440 --> 01:05:55.920 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. 178 01:05:55.920 --> 01:06:11.440 And again like we did last night with the CPC 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 councelor Crow. >> So just need to recuse myself. I I don't get paid out of the CDBG but an 179 01:06:11.440 --> 01:06:27.760 organization that I do work for is on the list to receive money. >> Okay. Thank you for that. Councelor Crow. >> We need to place this on file. >> Well, this is just being placed on file. We're not actually discussing >> Oh, okay. It's up to you. >> Yeah, >> I think it's best. 180 01:06:27.760 --> 01:06:44.480 >> I I I probably would. Yeah. >> Um, does anybody else want to speak to this or are we okay to take a vote? Council 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 181 01:06:44.480 --> 01:06:59.119 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 strategic planning and community development folks who bring their separately grant-f funded salaries that 182 01:06:59.119 --> 01:07:16.000 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 forum. >> Great. Thank you for walking us through that. So, we'll be looking for a motion to receive and place this on file. 183 01:07:16.000 --> 01:07:33.440 >> Okay. Oh, sorry, Councelor Ali. 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 aren't guaranteed to get from the federal government but we um are lucky 184 01:07:33.440 --> 01:07:48.240 that we have received them. Um, and so one of the things that um, I'm happy that our OSPCD director um, will will be looking at in in future years is is there a way to use our CDB funds um, 185 01:07:48.240 --> 01:08:05.920 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 these are things that we're spending out of our general fund, but there's a way to use, you know, 186 01:08:05.920 --> 01:08:21.600 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, 187 01:08:21.600 --> 01:08:37.880 on a a motion by council McDonald's, seconded by councelor Cologne 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. 188 01:08:38.239 --> 01:09:12.319 >> Okay. Now, council, >> now she's missing. paper 236-26 communication pursuant to MGL chapter 30A section 22G1 with the approval of council president 189 01:09:12.319 --> 01:09:27.759 Lhan and city solicitor McNail on April 17 2026 11 members of the Malden city council were invited to review draft 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 190 01:09:27.759 --> 01:09:44.400 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 President Lahan would be tasked with the approval of said minutes. On April 23rd, Council President Linhan authorized the approval of draft 191 01:09:44.400 --> 01:10:00.960 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 Lindhan, under the advice of C of councel from Solicitor McNeel, has now ordered the city clerk 192 01:10:00.960 --> 01:10:16.640 to release the executive session minutes from the meeting of April 14th, 2026. Under open meeting law, MGL chapter 3A subsection 22F, certain executive session meeting minutes are being withheld as publication may defeat the 193 01:10:16.640 --> 01:10:31.679 lawful purpose of the executive session. Under the public records law, these same 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 city officials creating an attorney client 194 01:10:31.679 --> 01:10:50.000 relationship. The city officials sought legal advice from the city solicitor and the communications of these meetings have not been waved. 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, 195 01:10:50.000 --> 01:11:06.159 councelor Ali. >> I'm just 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 we should probably catch up off offline. Um, one of the things that I 196 01:11:06.159 --> 01:11:22.800 think would be helpful is in addition to the dates if we could put what the subject of the of it was because it's I'm just hearing random dates, but if I if it also had like benevolent or dris or something like that, I think it would help me understand like, oh yeah, that 197 01:11:22.800 --> 01:11:37.760 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 it out. >> Thank you, sir. Quite all right. >> Yeah. No, I think that's a good suggestion. We're definitely trying to be responsive to your suggestions, too. >> Thank you. 198 01:11:37.760 --> 01:11:54.800 >> 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, move by councelor Crow, seconded by councelor McDonald. All in favor? >> I. Any opposed? 199 01:11:54.800 --> 01:12:11.840 >> Okay. Seeing none, that is received and placed on file. Next order of business. 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 Freriedman of 8 Marvin Street on April 7th, 2026 against 200 01:12:11.840 --> 01:12:27.920 the council related to the executive session posted on April 7th under the provisions of MGL chapter 3A subsection 21 A3 and 20 subsection 21B3. >> Thank you. Solicitor McNeel, you have the floor. Just to remind folks, we were 201 01:12:27.920 --> 01:12:44.159 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. >> This is the first one. I'm so sorry. I'm so sorry. I misread my own notes. >> Take it away. Um, in response to a open meeting law 202 01:12:44.159 --> 01:12:59.600 complaint by Mr. Bruce Freriedman, the city solicitor's office did an investigation and from the investigation uh we found that uh it was reasonable 203 01:12:59.600 --> 01:13:14.960 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 204 01:13:14.960 --> 01:13:32.320 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 205 01:13:32.320 --> 01:13:56.239 executive session, um it we did state that it was for budgetary concern concerns. I turned off my microphone because it was making that ringing sound before. Do folks have any questions? >> Okay. So, we're looking for a motion to authorize sending a report to both the 206 01:13:56.239 --> 01:14:13.280 complainant and the attorney general. >> Yes, please. >> Okay. >> Motion. >> So, moved by councelor Sika, seconded by councelor Winslow. All in favor? I. Any opposed? >> Right. Councelor Mali, you're no. Okay. So, that is so authorized. Next order of 207 01:14:13.280 --> 01:14:28.239 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 juris corporation v. City of Malden. 208 01:14:28.239 --> 01:14:46.000 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 209 01:14:46.000 --> 01:15:01.280 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 tell you is everything that happened in open court. If you have any questions or comments, I would appreciate it if you 210 01:15:01.280 --> 01:15:16.880 would hold those questions. If it's not specifically about what happened at court, hold those comments until we um convene in executive session. So, uh, just to clarify, although the docket 211 01:15:16.880 --> 01:15:32.480 read that we were going into a hearing for both benevolent and dris, 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 212 01:15:32.480 --> 01:15:48.320 March 25th, uh, the court made some, um, comments about what her ruling was, and she ordered, um, the plaintiff, Benevolent, to cl to file a motion for 213 01:15:48.320 --> 01:16:02.719 clarification, which they did. in their motion and I'll summarize um benevolent essentially said the court should not um the the court should permit the city 214 01:16:02.719 --> 01:16:19.040 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, 215 01:16:19.040 --> 01:16:37.040 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 216 01:16:37.040 --> 01:16:54.080 still needed a special permit. And the reasons being is as I've stated before there are many other um ordinances which 1212190 which is invalidated point to and if um 217 01:16:54.080 --> 01:17:10.480 the court is going to now say that they don't need a special permit then a lot of things in the ordinance would would be required to change. Um the court uh so really the the conversation today was based around the special permit. Uh the 218 01:17:10.480 --> 01:17:27.920 court did acknowledge at the beginning of the hearing that she was not in did was not asked to nor did she um invalid or or say that the the uh benevolent did not require a special permit. Um, and I 219 01:17:27.920 --> 01:17:45.120 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 220 01:17:45.120 --> 01:17:59.840 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 221 01:17:59.840 --> 01:18:17.360 now meant with her her her comments on March 25th. Uh the plaintiffs um suggested in the court um also is agreeing that the city stipulate to a 222 01:18:17.360 --> 01:18:35.840 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 223 01:18:35.840 --> 01:18:51.040 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. 224 01:18:51.040 --> 01:19:07.199 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 225 01:19:07.199 --> 01:19:23.280 talked about 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 226 01:19:23.280 --> 01:19:39.679 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 227 01:19:39.679 --> 01:19:54.960 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 228 01:19:54.960 --> 01:20:14.000 court said, "Well, I don't have any um jurisdiction over the licensing portion of it, but my goal is that these people should get or this company should get their um should should proceed and open up their business." So after um 229 01:20:14.000 --> 01:20:30.159 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 230 01:20:30.159 --> 01:20:47.360 this is the right path. And eventually the court wants the city to also provide um 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 231 01:20:47.360 --> 01:21:07.120 forward in the process. And that um document is two is due May 20th from the city. Uh the court um also said that she will decide and proi provide clarifying her a clarifying 232 01:21:07.120 --> 01:21:22.480 decision. She said that she was not very clear in her previous decision and so she will be eventually providing a clarifying decision. There is no new court date. Uh the court wants to um 233 01:21:22.480 --> 01:21:39.440 gather all of the documents from both parties and uh think about what her decision will be. Again, towards the end, the court said that she wants um the city council, the city to work in good faith and use its best effort um to 234 01:21:39.440 --> 01:21:55.920 try at least to come to some resolution with um 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 235 01:21:55.920 --> 01:22:11.040 councelor Ali first. >> Um, so I just wanted to say that I was in attendance today. I believe councelor Clone Hayes was also. Um, and I appreciate that this was put on the open session docket. Um but as we just heard 236 01:22:11.040 --> 01:22:26.800 um Dris was actually not discussed today 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 237 01:22:26.800 --> 01:22:46.639 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 um related to that. Thank you. Okay. Thank you, Councelor Ali. Um, did you want to address that or no? 238 01:22:46.639 --> 01:23:01.280 >> Well, >> I know we've got a lot of microphones on. Sorry. >> I was just 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 239 01:23:01.280 --> 01:23:17.040 we're getting right now. But the court case is named Dris. I don't have the docket number, but the court case is named Dris Etal v. City of Malden. That's the information that we had at the time that we put this agenda together. We didn't purposely misdocet it. It's that we didn't know that when 240 01:23:17.040 --> 01:23:32.639 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 241 01:23:32.639 --> 01:23:49.440 unforeseen situation that the judge kind of inadvertently put us in. >> And I understand councilor Mali what you're saying and I I hear you and I appreciate your thanks for us trying to be proactive at the same time but I understand what you're saying in terms of the concern. Thank you for explaining 242 01:23:49.440 --> 01:24:05.440 that. Um I have next councelor Winslow. Yeah, I just I mean one thing I might suggest is to uh have someone from the city council take the lead on maybe reaching 243 01:24:05.440 --> 01:24:21.840 out with bene benevolent botonicles um 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. Um it it seems like you know this is particularly um in my 244 01:24:21.840 --> 01:24:37.920 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 you know the confusion here. So I I just offer that. I don't know that's something we could 245 01:24:37.920 --> 01:24:55.520 vote on tonight or just count the council president sim 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, Ally. And I just want to make sure I understand kind of the the the thumbnail 246 01:24:55.520 --> 01:25:10.960 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 247 01:25:10.960 --> 01:25:27.600 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. >> And so they want a pathway. the court 248 01:25:27.600 --> 01:25:43.040 wants us to come or wants the city council to come to some um agreement or there if you want to come to your own um decision as to the pathway for Benevolent to go from where they are 249 01:25:43.040 --> 01:26:00.239 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 250 01:26:00.239 --> 01:26:16.400 correction is that it's not just to get 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 where we're at, she's 251 01:26:16.400 --> 01:26:31.120 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 benevolent's going to tell us how they think we they should we should get 252 01:26:31.120 --> 01:26:47.760 there. will have a 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 253 01:26:47.760 --> 01:27:04.400 things bound up together? >> They are not bound up together. So at whether we come to a decision or not 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 254 01:27:04.400 --> 01:27:21.440 paperwork. So, I believe that it is two separate things. >> Okay. All right. Well, I am eager to see us find that pathway uh to resolution and um 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 255 01:27:21.440 --> 01:27:36.960 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. 256 01:27:36.960 --> 01:27:52.560 >> If we come to an agreement that will be the clarification of the pathway however 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 councelor McDonald. I next have councelor Cologne Hayes. 257 01:27:52.560 --> 01:28:08.960 >> Thank you very much. Um thank you. That was a being on the call, a great uh synopsis of what happened, but I originally hit my light because I had the same question that um councilor Mali did about why it was docketed as Dris. 258 01:28:08.960 --> 01:28:25.520 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 Dris, but it sounds like it's because that's the name of the um actual case. 259 01:28:25.520 --> 01:28:40.239 >> Okay, >> just to clarify that, >> if I can sort of clarify that >> the on March 25th, >> the hearing was specifically for the Dris matter. Benevolent was not included 260 01:28:40.239 --> 01:28:57.520 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 dris matter to a benevolent matter. And 261 01:28:57.520 --> 01:29:13.199 so when the court docketed it, she docketed it or the court docketed it for um I believe maybe both Dris 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 262 01:29:13.199 --> 01:29:28.719 that was because it wasn't originally a Dris versus the city of Malden matter, >> right? >> So that's for clarification for the record and why it may may have been unclear on the doc on the agenda tonight. >> Oh, thank you. Yeah, because that even 263 01:29:28.719 --> 01:29:45.760 confused 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 264 01:29:45.760 --> 01:30:01.760 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 265 01:30:01.760 --> 01:30:19.040 >> what the court said today? >> Yes. What the court said today? >> Yeah, the court said she doesn't know. >> Okay, >> you're all set. Councelor Colon. Oh, yeah. Okay, no problem. Thank you. Um Okay, so I don't think we need to take a vote. I We're just receiving an update 266 01:30:19.040 --> 01:30:34.320 tonight. Um, to councelor 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 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. 267 01:30:34.320 --> 01:30:49.280 >> Is there anything else that you wanted to add? >> I just 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. Okay. 268 01:30:49.280 --> 01:31:06.080 >> Until the week after that, but when we have the executive session, I know um councelor um Condan brought it up at the last time. I really think that it would be appropriate to include our building commissioner in this conversation since 269 01:31:06.080 --> 01:31:23.679 he is the person that would be enforcing the zoning and um also um Ron Hogan since he is the chairperson of click. Yes. Thank you for reminding us of that. That sounds fine. And I'll work with you on the scheduling the executive session. 270 01:31:23.679 --> 01:31:38.159 >> Okay. Thank you. >> Thank you so much for being here. >> You're welcome. >> Okay. Next order of business. >> The docket is clear. >> Okay. >> Second. >> Okay. We have a motion to adjourn by councelor Winsow, seconded by councelor 271 01:31:38.159 --> 01:31:56.560 Taylor. All in favor? >> I. Any opposed? I hope not. We are adjourned at 8:22. Sure. Oh, Jesus.