Malden City Hall

215 Pleasant Street

Malden, MA 02148

City of Malden

Meeting Minutes - Final

City Council

Council President Amanda Linehan

Councillor at Large Karen Colon Hayes

Councillor Paul Condon

Councillor Peg Crowe

Councillor at Large Michelle Luong

Councillor at Large Carey McDonald

Councillor Ryan O'Malley

Councillor Jadeane Sica

Councillor Chris Simonelli

Councillor Ari Taylor

Councillor Stephen Winslow

Tuesday, April 14, 2026

7:00 PM

City Council Chambers

215 Pleasant Street

Malden, MA 02148

Committee of the Whole

Watch the meeting with Teams: https://tinyurl.com/COTW-April-14

1. CALL TO ORDER

Council President Linehan called the meeting to order at 7:10 PM.

2. PLEDGE OF ALLEGIANCE & MOMENT OF SILENCE IN HONOR OF SERVICE

MEMBERS

3. ROLL CALL

Also in attendance was Maria Luise, Alicia McNeil, Lisa Cagno, and three members of

the public.

10 -

Present - Councillors:

Absent - Councillors:

Karen Colon Hayes, Paul Condon, Peg Crowe, Amanda Linehan, Carey McDonald,

Ryan O'Malley, Jadeane Sica, Ari Taylor, Stephen Winslow and Michelle Luong

1 - Chris Simonelli

4. MOTIONS, ORDERS, AND RESOLUTIONS

The City Council will address the Open Meeting Law complaint submitted on April

203-26

7, 2026 by Bruce Friedman of 8 Marvin Street, Malden against the Council related to

the posting of an Executive Session on the April 7 agenda, as was outlined in Paper

200-26 under the provisions of M.G.L. c. 30A, s. 21(a)(3) and 21(b)(3).

Sponsors: Amanda Linehan

Attachments: OML Complaint 4-7-2026 203-26

A motion was made by Councillor Sica, seconded by Councillor Luong, that the

Council Item be referred to the Legal Department. The motion carried by a 9-0

vote.

Councillor O'Malley voted present.

Order: That the City Council will vote whether to go into Executive Session with

Legal Council regarding the matters of Benevolent Botanicals LLC and 926 Eastern

Avenue LLC v. City of Malden (22MISC000076), and Dris Corporation et al v. City of

Malden (24MISC000281) for the purposes of Exemption Three Massachusetts

General Laws Chapter 30A Section 21(a)(3) to discuss strategy with respect to

litigation and the status conference held on March 25, where such discussion in

open meeting may have a detrimental effect on the litigation position of the City, if

so declared by the chair.

205-26

And if so allowed by the Body, to admit Maria Luise, Special Assistant to the Mayor

and Ron Hogan, Chair of Cannabis Licensing and Enforcement Commission.

(Roll Call Required)

Sponsors: Ryan O'Malley

Attachments: Benevolent Motion with Transcript from March 25

The request for Executive Session (ES) was made by Councillor O'Malley for an update

on the status conference that happened in Land Court on March 25 between Dris

Corporation and the City of Malden. The order was for an ES to give the Council the

option of speaking confidently with the legal team but his preference is for the ES order

fail and instead have the conversation on the floor.

City Solicitor McNeil was called to the podium to explain why there may be a need for ES

to review something that was discussed in open court? Solicitor McNeil stated her opinion

that any discussion on the floor regarding pending litigation is not wise because the

conversation risks entering into privileged topics and may affect future litigation. Without

knowing the full extent of what questions Councillor O'Malley wishes to discuss, she is

not prepared to answer questions in this forum unless the entire Body waives privilege.

She did offer a recap of what happened in open court on the date of March 25, 2026.

Dris Corporation filed suit against the City two years ago on the same grounds as

Benevolent Botanicals (BB). The same judge was assigned to both cases. Attorneys

from Benevolent Botanicals entered the status hearing via Zoom and was invited by the

attorneys from Dris to speak to the judge's ruling in the BB case. They explained that BB

and Malden are in disagreement interpreting the ruling that invalidated MCC 12.12.190,

the marijuana ordinance. The court responded that if the ruling was unclear, BB should

file a motion for clarification and encouraged both parties to utilize mediation. If BB

reopens their case, the city would have the option to appeal. BB did in fact file that

motion and now the city has until April 22 to respond. Anything further than that recap

should not be discussed on the floor.

A motion was made by Councillor O'Malley, seconded by Councillor Winslow,

that the Order be adopted. The motion carried by the following vote:

8 - Condon, Crowe, Linehan, McDonald, Sica, Taylor, Winslow and Luong

2 - Colon Hayes and O'Malley

Yea:

Nay:

7. ADJOURNMENT

A motion was made by Councillor O'Malley, seconded by Councillor Winslow,

that this meeting be adjourned to Executive Session. The motion carried by the

following vote:

Meeting adjourned to Executive Session at 7:32 PM. Council President Linehan

announced that the Body would not reconvene for any further business this

evening.