Malden City Council 9-9-25

September 9, 2025
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Meeting Minutes: Malden City Council

Meeting Date: September 9, 2025 Governing Body: Malden City Council Type of Meeting: Regular Meeting Attendees: Councillor Colón Hayes, Councillor Condon, Councillor Crowe, Councillor McDonald, Councillor O'Malley, Councillor Sica, Councillor Simonelli, Councillor Spadafora, Councillor Taylor, Councillor Winslow, Council President Linehan.

Executive Summary

The Malden City Council addressed significant public concern regarding the use of Trafton Park by Mystic Valley Regional Charter School. Following extensive public comment and council discussion, the matter of a permit for the school's use of Trafton Park, including proposed fees and usage terms, was referred to the Public Properties Committee for further deliberation. The Council also voted to enroll and ordain Paper 340-25, amending the Traffic Supervisor Salary Schedule, and adopted Paper 341-25, transferring $60,000 from salary reserve to traffic salaries to fund the increase.

Agenda Items

I. Public Comment

  • Neil Kinnon (11 Spruce Street, Malden, Business Manager, Mystic Valley Regional Charter School):
    • Contended that Malden's park grant application for Trafton Park stated no fees would be charged.
    • Cited Federal Land and Water Conservation Fund regulations prohibiting discrimination based on residency, stating non-resident fees cannot exceed twice resident fees, or if residents are not charged, non-resident fees cannot exceed those for comparable public facilities.
    • Stated that Community Preservation Act (CPA) funds, used for Trafton Park, also prohibit residency-based discrimination, which would violate public accommodation and civil rights laws for Mystic Valley students (68% minority).
    • Noted that other groups not meeting the 90% residential requirement are currently using parks for free and non-exclusively.
    • Alleged that the new 2025 park policies were not approved by the Secretary of the Executive Office of Energy and Environmental Affairs as required by 301 CMR 5.07.
  • Rick Villou (Assistant Superintendent, Mystic Valley Regional Charter School):
    • Detailed the school's attempts to secure a permit for Trafton Park since March 2025, including a request for a fee waiver.
    • Described correspondence with Recreation Department Director Joe Levine regarding a newly installed fee structure and the school's position that it did not align with state park programs.
    • Mentioned a July 9th offer for a permit at $50 per hour for 25 hours per week.
    • Initiated a public records request on July 16th for other organizations' permits and fees, which was not fulfilled by August 6th.
    • Met with Councillor Winslow and MVRCS Board Member Doug Banghart on August 12th, where Councillor Winslow sought $2,500 per season for limited exclusive use, which the school was not seeking.
    • Stated Councillor Winslow emphasized his role in defending the community against the charter school.
    • Received an email from Councillor Winslow on August 21st directing him to deal with Director Levine.
    • Proposed paying $250 per season and providing park cleaning services, which was not accepted.
    • Received a letter from Councillor Winslow on September 3rd stating a requirement of $2,500 per season for 8 AM to 12 PM use, with no playground access, and an ultimatum for a response by the next day.
    • Stated the school seeks fair and consistent treatment within existing city and state regulations.
  • Adam Giroux (Jefferson Ave, Everett, Parent, Mystic Valley Regional Charter School):
    • Expressed concern that Mystic Valley children are being treated unfairly compared to other Malden students.
    • Stated the school is requesting non-exclusive access during the school day.
    • Questioned why Malden Catholic, Salemwood, and Linden schools have access to public parks while Mystic Valley students are forced to play on blacktop.
    • Suggested Mystic Valley families contribute to Malden's economy and student volunteer hours could be used for park cleanup.
    • Emphasized that the issue is about fairness and equal treatment, not money.
    • Noted that over 400 Malden children attend Mystic Valley, representing thousands of voters.
  • Christina Mason (CBU AB Ward 6, Resident):
    • As a Ward 6 resident and frequent user of Trafton Park, observed respectful interactions between neighborhood children and Mystic Valley students/staff.
    • Questioned why Mystic Valley is being singled out for park use when other schools use public playgrounds.
    • Stated Malden receives over $1.5 million annually for Malden students attending charter schools.
    • Advocated for children's right to outdoor play and exercise.
  • Patrick Hearn (235 Summer Street, Malden, Resident, Parent, Mystic Valley Regional Charter School):
    • Expressed disbelief at having to advocate for his son to use a park during school hours.
    • Requested the City Council allow Mystic Valley to use the park under the same conditions as Malden public schools.
  • Harriet Casozzi (164 Webster Street, Malden, Resident, Parent, Mystic Valley Regional Charter School):
    • Expressed concern about discrimination against Mystic Valley children, contrasting it with Malden's diverse and non-discriminatory reputation.
    • Noted that her children, when attending Malden public schools, were allowed to use parks for recreation.
    • Highlighted the health benefits of physical activity for children.
    • Questioned the rationale for differential treatment given the city receives $1.5 million for Mystic Valley students.
    • Shared her son's distress over not being able to use Trafton Park.
  • Janelle Davids (3 Sheridan Street, Resident):
    • Advocated for uniform application of park rules and consideration for maintenance and cost.
    • Highlighted the inconsistency of Mystic Valley claiming to be a public school for park access but a private institution for public records requests.
    • Stressed the importance of maintaining the newly invested Dever Park and the impact of continuous heavy use on grass fields.
    • Expressed concerns about 20-30 teenagers with one adult and the need for a fair process to address these issues, possibly through a commission or the Mayor's office, rather than individual ward councilors.
  • Elaine Corpus (35 Second Street, Malden, Resident, Parent, Mystic Valley Regional Charter School):
    • Noted that her daughters, when attending Linden School, freely used city parks.
    • Described feeling that Mystic Valley students were scrutinized at Trafton Park, with adults monitoring their presence and posting observations on social media.
    • Advocated for all children, including Mystic Valley students, to have access to parks without discrimination or harassment.
  • Whitley Jordan (11 Upham Street, Malden, Resident, Parent, Mystic Valley Regional Charter School):
    • Stated that Mystic Valley is being held to a different standard than other schools and organizations.
    • Noted Malden public schools use city parks without fees, and other organizations use parks and turf fields without charge, which she believes is inconsistent with the city's published park policies.
    • Argued that the new policies imposing fees, time limits, and banning playground use have been applied only to Mystic Valley.
    • Emphasized that parks and playgrounds are vital for children's health and development.
    • Urged the city to revisit the policy and work collaboratively for a fair and consistent approach.
  • Lara Thompson (53 Playstead Road, Resident):
    • Emphasized the importance of children playing outdoors but also the costs associated with park maintenance.
    • Stressed the need for collaboration between residents, neighbors, the school, and consideration of costs, especially given the city's financial situation.
    • Noted that grass fields are expensive to maintain.
  • Veronica Akopian (Alden Street, Ward 7, Resident, Parent, Mystic Valley Regional Charter School):
    • Expressed sadness at the potential loss of outdoor play resources for her children.
    • Offered to volunteer to help raise money to maintain parks and keep children healthy.
    • Urged the council to consider alternatives to ensure children can play outside.
  • Email Summaries:
    • Three emails in support of Mystic Valley Charter School: Summarized as expressing disappointment that the school is asked to pay for public park use, citing unfairness and inequity, and questioning the distinction between public and charter school students regarding park access. One email stated, "I strongly believe it is both my constitutional right and my daughter's to have access to public parks during school hours without paying additional fees. This is our park and it is not fair to single out a charter school for payment."
    • Four emails opposing Mystic Valley Charter School's access: Summarized as residents opposing the school's access to parks for recess and after-school programs, prioritizing resident access, expressing concerns about poorly supervised older children, trash, and the school's entitlement to public spaces. One email suggested, "May I suggest they take the former business and residential space in Maplewood Square that they raised and convert it to a parking lot and build a playground there. Perhaps they will better care for a space they own themselves."
    • All emails received in full are attached to the meeting minutes for public review.

II. Paper 349-25: Petition, Extended Hours, Burger King, 922-61 Broadway, Malden

  • Description: Petition for extended hours, seven days a week, 24 hours a day.
  • Motion: Councillor Sica moved to refer to the License Committee.
  • Second: Seconded.
  • Vote: All in favor.
  • Outcome: Motion carried. Referred to License Committee.

III. Paper 350-25: Order Regarding Mystic Valley Regional Charter School Use of Trafton Park

  • Description: Order that the City Council authorize the Recreation Department to issue a permit to the Mystic Valley Regional Charter School for limited use of Trafton Park, consistent with a September 3rd, 2025 letter by Councillor Winslow, OR direct the City Solicitor's office to investigate and take action to prevent unpermitted use and ensure compliance with city park rules.
  • Sponsor: Councillor Winslow.
  • Councillor Winslow's Comments:
    • Distributed his September 3rd letter to all council members.
    • Stated the issue arose in 2022 due to neighborhood complaints about difficulty using Trafton Park when the charter school was present.
    • Noted that Mystic Valley had stopped applying for permits.
    • Emphasized the need for clarity on park use for residents and Mystic Valley staff/students.
    • Highlighted complaints from residents about being asked to leave or being surrounded by Mystic Valley students.
    • Proposed a shared use model: Mystic Valley in the morning, free play for residents in the afternoon.
    • Mentioned the $1 million investment in Trafton Park for irrigation, ball court, and field, and the need to protect this investment.
    • Stated that a bare-bones estimate for field maintenance (aeration, fertilizing, seeding) is $5,000 per year, justifying the $2,500 per season proposal.
    • Clarified that the city consulted with the state Department of Conservation Services and believes "resident" refers to a person, not an organization, allowing for classification of organizations.
    • Noted that over 60% of Mystic Valley students are not Malden residents, placing a burden on the city.
    • Stated that the Recreation Department felt the request for an exception was beyond their authority, necessitating council involvement for a multi-year, heavy user permit.
  • Council President Linehan's Clarification:
    • Explained that the matter is before the council because it involves a multi-year, heavy user permit, which falls under the City Council's authority.
    • Stated that Malden Public Schools' use of school playgrounds is not pertinent to this discussion as they are public school property, not public parks under the Recreation Department's manual.
  • Councillor Condon's Comments:
    • Expressed appreciation for Mystic Valley's upkeep of their property but noted that most students are not from Malden.
    • Stressed the importance of consistency and fairness in park use.
    • Expressed concern about the impact of heavy use on Dever Park, which is twice the size of Trafton and still undergoing development.
    • Raised safety concerns about high school students using playgrounds designed for younger children.
    • Stated that the Recreation Department does not issue permits for playgrounds.
    • Expressed trust in Joe Levine and Laura Perez to make fair recommendations.
  • Councillor Simonelli's Comments:
    • Acknowledged the charter school as an educational institution serving children from Malden and surrounding communities.
    • Suggested the need for parity in fees and proposed referring the matter to the Public Properties Committee for discussion, potentially inviting charter school representatives.
    • Emphasized the importance of ward councilors having a say in park use due to their role in funding and neighborhood representation.
    • Offered the use of parks in Ward 7 as an alternative, given his ward has multiple parks.
  • Councillor Sica's Comments:
    • Expressed confusion and concern about the process, noting Councillor Winslow's letter was signed only by him, not the full council.
    • Questioned whether the $2,500 fee was determined by Councillor Winslow or the Recreation Department.
    • Stated that if fees are applied equally across the board, she has no issue.
    • Cited the park grant's prohibition against charging fees and discriminating based on residency.
    • Expressed concern that Councillor Winslow's stance seemed to be against the charter school's presence rather than solely a fee issue.
    • Argued that other Malden public schools, like Linden, restrict public access to their parks during school hours.
    • Emphasized that decisions on public parks should be made by all 11 council members, not individually.
    • Stated she would not support the paper tonight but would entertain sending it to Public Properties.
  • Councillor Winslow's Response to Councillor Sica:
    • Stated he had been working on the issue for two and a half years, initially with Joe Levine, and the council had referred it to the Stadium Recreation Committee previously.
    • Clarified that he brought the paper forward at the request of Joe Levine to help resolve conflicts as a ward councilor.
    • Reiterated support for charter school use of Trafton Park but not for exclusive, all-day use that disregards traditional neighborhood use.
    • Stated that previous schools in the area did not use the park, and there was no agreement for Trafton Park to be dedicated to the charter school.
    • Emphasized the need to clarify park use, similar to issues faced by Councillor Condon with Dever Park.
  • Councillor Sica's Second Response:
    • Reiterated the importance of respecting other ward councilors' areas and suggested a collective council discussion before sending the letter.
    • Disputed Councillor Winslow's claim about St. Joseph's School not using the park.
  • Councillor McDonald's Comments:
    • Expressed concerns from constituents about the charter school's presence and land use, including Trafton Park.
    • Stated that the charter school's use of the park crowds out resident usage.
    • Characterized Mystic Valley as a "private enterprise, ostensibly funded with public dollars" using a public asset without clear agreement.
    • Questioned why the charter school, with a large property portfolio, has not built its own playground.
    • Expressed concern that $2,500 per year is not a fair deal for the city.
    • Believed the school's leadership has not been a good partner and has pitted kids against each other.
    • Suggested exploring a Payment in Lieu of Taxes (PILOT) agreement for Mystic Valley's non-taxable properties.
    • Stated she could not support the permit tonight but was open to referring it to committee.
  • Councillor O'Malley's Comments:
    • Agreed that the blame for the situation lies with Mystic Valley's leadership, not the city.
    • Criticized the city for "functionally seed-funding" the school with public assets (Emerson School, Maplewood School, fire station).
    • Noted that the charter school buys up taxable property, including residential and retail, and then knocks them down, making the community less attractive.
    • Cited the example of the Grinch display on a small strip of grass after demolishing Serena's as "laughing in our face."
    • Emphasized the need to maintain parks and ensure all organizations contribute.
    • Mentioned the "tragedy of the commons" concept, where one group's overuse deteriorates public space.
    • Stated the city asks Mystic Valley to contribute to park maintenance, given their substantial resources.
  • Councillor Colón Hayes' Comments:
    • Expressed concern about the city's impending financial difficulties and the need for diligent spending.
    • Acknowledged disturbing reports from parents about their children being photographed or spoken to without permission.
    • Noted constituent complaints about Trafton Park being unclean and children being taunted.
    • Stated that $2,500 per season seems like a bargain, and the amount is too low to cover maintenance costs for new parks like Roosevelt.
    • Expressed a desire to see evidence regarding accusations of non-payment by some entities.
    • Believed Mystic Valley parents are being misinformed by their administration.
    • Suggested exploring resource sharing, such as Mystic Valley's pool or turf, as an alternative to fees.
  • Councillor Spadafora's Comments:
    • Disagreed with Councillor Simonelli's assertion that park decisions are solely for ward councilors, stating the ordinance requires standardization across the city.
    • Asked Councillor Winslow if his discussion with the charter school was under the "high intensity user multi-year permit" ordinance or the hourly/single-day permit.
    • Expressed concern that other organizations (e.g., youth groups, schools in the square) that use parks daily without fees could be negatively impacted by a new fee structure.
    • Stated that if the permit falls under "high intensity multi-user," it requires City Council determination.
    • Hoped for a discussion in committee that considers use, time, fees, and parity without hindering other community organizations.
  • Motion: Councillor Winslow moved to forward both aspects of Paper 350-25 (Mystic Valley Charter School's application/fee waiver and his proposal) to the Public Properties Committee, and to have the legal department and compliance team ready to enforce park rules and regulations until a permit is issued.
  • Second: Councillor Spadafora.
  • Council President Linehan's Comments on the Motion:
    • Agreed that all institutions should be treated equally and follow the same rules, noting no other educational institution operates without a permit.
    • Stated that the amount and hours need further discussion in committee.
    • Noted that the proposed $2,500 fee is "awfully low," citing Trafton Park's water usage alone at $1,300 per month, excluding other maintenance.
    • Expressed willingness to draft a paper to discuss Dever Park in the same committee meeting to establish a comprehensive policy for all fields.
  • Vote: All in favor.
  • Outcome: Motion carried. Paper 350-25 referred to the Public Properties Committee.

IV. Paper 351-25: Committee Report, Rules and Ordinance and Finance Committees

  • Description: Committee report on Papers 294, 340, and 341 series of 2025.
  • Motion: Councillor Winslow moved to receive the committee report.
  • Second: Councillor Crowe.
  • Vote: All in favor.
  • Outcome: Motion carried. Committee report received.

V. Paper 294-25: Amendment to Code of the City of Malden 6.12.0602, Sale of Goods by Weight, Measure, or Volume

  • Description: Be it ordained by the Malden City Council that the Code of the City of Malden 6.12.0602, Sale of Goods by Weight, Measure, or Volume, is hereby amended by striking the table in its entirety and inserting the attached updated table.
  • Councillor Winslow's Comments:
    • The Rules and Ordinance Committee voted favorably to recommend the paper.
    • Discussion occurred regarding enrolling and ordaining at a later date to allow for documentation of the financial basis for the fees, to be prepared by Commissioner Nelson Miller by September 30th.
  • Councillor O'Malley's Comments:
    • Supported tabling the paper to allow for the financial basis for increased fees to be provided.
    • Believed the paper is not controversial and can be enrolled and ordained on September 30th once documentation is available.
  • Motion: Councillor Winslow moved to table the paper.
  • Second: Councillor O'Malley.
  • Vote: All in favor.
  • Outcome: Motion carried. Paper 294-25 tabled.

VI. Paper 340-25: Amendment to Code of the City of Malden 2.24.070, Traffic Supervisor Salary Schedule

  • Description: Be it ordained by the Malden City Council that the code of the City of Malden 2.24.070 Traffic Supervisor Salary Schedule is hereby amended by adding the updated salary schedule chart effective July 1st, 2025.
  • Councillor Winslow's Comments:
    • The committee recommended the paper.
    • Noted that traffic supervisors (crossing guards) currently earn $19/hour, which increased to $22/hour in the current contract (expired June 30th).
    • This amendment will raise their salary to $25/hour and increase it over the next three years.
  • Motion: Councillor Winslow moved to enroll the paper.
  • Second: Councillor O'Malley.
  • Councillor O'Malley's Comments:
    • Thanked Councillors Winslow and McDonald for their work.
    • Fully supported the salary increase, acknowledging it is still low but deserved for their dangerous and important work.
    • Suggested exploring making traffic supervisors special municipal employees.
  • Vote (Roll Call to Enroll):
    • Councillor Colón Hayes: Yes
    • Councillor Condon: Yes
    • Councillor Crowe: Yes
    • Councillor McDonald: Yes
    • Councillor O'Malley: Yes
    • Councillor Sica: Yes
    • Councillor Spadafora: Yes
    • Councillor Winslow: Yes
    • Council President Linehan: Yes
  • Outcome: Motion carried (9-0). Paper 340-25 enrolled.
  • Motion to Suspend Rules: To ordain Paper 340-25.
  • Second: Councillor Crowe.
  • Vote (Roll Call to Suspend Rules):
    • Councillor Colón Hayes: Yes
    • Councillor Condon: Yes
    • Councillor Crowe: Yes
    • Councillor McDonald: Yes
    • Councillor O'Malley: Yes
    • Councillor Sica: Yes
    • Councillor Simonelli: Yes
    • Councillor Spadafora: Yes
    • Councillor Taylor: Yes
    • Councillor Winslow: Yes
    • Council President Linehan: Yes
  • Outcome: Rules suspended (11-0).
  • Motion to Ordain: Councillor Winslow moved to ordain Paper 340-25.
  • Second: Councillor O'Malley.
  • Vote (Roll Call to Ordain):
    • Councillor Colón Hayes: Yes
    • Councillor Condon: Yes
    • Councillor Crowe: Yes
    • Councillor McDonald: Yes
    • Councillor O'Malley: Yes
    • Councillor Sica: Yes
    • Councillor Spadafora: Yes
    • Councillor Winslow: Yes
    • Council President Linehan: Yes
  • Outcome: Motion carried (9-0). Paper 340-25 ordained.

VII. Paper 341-25: Transfer from Salary Reserve to Traffic Salaries

  • Description: Order that the sum of $60,000 be and the same is hereby transferred from salary reserve to traffic salaries.
  • Councillor McDonald's Comments:
    • This is an appropriation for the current fiscal year to cover the increase in salary schedules, effective July 1, 2025.
    • Traffic supervisors will receive back pay.
    • The funds will come from the salary reserve as budgeted.
  • Motion: Councillor McDonald moved to approve the order.
  • Second: Councillor Crowe.
  • Vote (Roll Call):
    • Councillor Colón Hayes: Yes
    • Councillor Condon: Yes
    • Councillor Crowe: Yes
    • Councillor McDonald: Yes
    • Councillor O'Malley: Yes
    • Councillor Sica: Yes
    • Councillor Spadafora: Yes
    • Councillor Winslow: Yes
    • Council President Linehan: Yes
  • Outcome: Motion carried (9-0). Paper 341-25 adopted.

Personal Privilege

  • Councillor Winslow:
    • Reminded voters in Ward 4 (School Committee) and Ward 6 (City Councilors) of the preliminary election next week.
    • Encouraged early voting at City Hall on Thursday.
  • Council President Linehan:
    • Announced that due to the preliminary election, there will be no council meeting next week.
    • Noted an additional week off for Rosh Hashanah, with the next council meeting scheduled for September 30th.
  • Councillor O'Malley:
    • Announced a Waits Mount cleanup on Saturday, September 27th, at 10 AM, in partnership with Great Malden Outdoors.
    • Announced a question and answer session regarding the library matter on Thursday, September 11th, at 6 PM, outside the library at 36 Salem Street.
  • Councillor McDonald:
    • Announced the first public forum of Malden's new Police Community Advisory Council on Wednesday, September 17th, at 7 PM, in the community room at the police station on Eastern Ave.
  • Councillor Colón Hayes:
    • Announced the Hispanic Heritage Month Festival on Saturday, September 20th, from 12 PM to 4 PM, at Ed Lucy Plaza at City Hall.
    • Highlighted the first-ever raising of the redesigned Hispanic flag in Malden, led by Juan Lopez.

Adjournment

  • Motion: Councillor O'Malley moved to adjourn.
  • Second: Councillor Winslow.
  • Vote: All in favor.
  • Outcome: Motion carried. The meeting adjourned at 8:52 PM.

Last updated: Nov 11, 2025

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