Malden City Council 9-2-25

September 2, 2025
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Meeting Minutes: Malden City Council

Meeting Date: September 2, 2025 Governing Body: Malden City Council Type of Meeting: Regular Meeting Attendees: Councilor Colón-Hayes, Councilor Condon, Councilor Crowe, Councilor McDonald, Councilor O'Malley, Councilor Siga, Councilor Simonelli, Councilor Spadafora, Councilor Taylor, Councilor Winslow, Councilor President Linehan.

Executive Summary: The Malden City Council convened for a regular meeting, addressing several key municipal issues. Highlights included a comprehensive update from Cemetery Superintendent and Tree Warden Chris Rosa on the city's successful tree planting initiatives and the new Tree Steward Program. The Council also discussed and approved an order to increase the maximum age for retired police officers serving as special police officers, aiming to expand the pool of available detail officers. A significant portion of the meeting was dedicated to a resolution supporting state legislation for community media funding, and a vote on the city's participation in the Purdue Pharma bankruptcy plan and the release of the Sackler family from liability in the opioid litigation.

I. Call to Order & Moment of Silence

  • The meeting was called to order at 7:06 PM.
  • Pledge of Allegiance was recited.
  • A moment of silence was observed for veterans, service members, and those who made the ultimate sacrifice.
  • Additional moments of silence were held for:
    • Oscar McNeil, father of City Solicitor Alicia McNeil, a World War II veteran, who passed away at 101.
    • Rena Santeo, a Malden High School graduate (Class of 2002), who passed away unexpectedly at age 21. Ms. Santeo was a Malden native, attended Forestdale School and Malden High School, served as a Navy medic, and was pursuing a science degree. Visiting hours are Sunday, September 7th, from 2 PM to 5 PM at O'Donnell Funeral Home in Peabody, with the funeral on Monday, September 8th, at 11 AM at the same location.

II. Roll Call

  • All Councilors were present.

III. Open Meeting Law Announcement

  • Urban Media Arts (UMA) was announced to be recording the meeting via audio and video.

IV. Cemetery Superintendent and Tree Warden Update

  • Chris Rosa, Cemetery Superintendent and Tree Warden, presented an update on recent projects and the new Tree Steward Program.
  • Tree Steward Program:
    • A training manual was developed over eight months, partially funded by a Cool Corridors grant.
    • The program aims to increase community engagement for grant applications.
    • Enrollment will open soon, requiring a minimum commitment of eight hours per week.
    • Stewards will assist with identifying stressed/diseased trees, weeding tree pits, and watering.
  • Tree Planting Initiatives:
    • Almost 800 new shade trees planted in the last three years (two-thirds public, one-third private).
    • Collaborative effort involving DPW, Water Department, cemetery contractors, volunteers, and Mystic River Watershed.
    • Secured $665,000 in tree grants over two and a half years, with $400,000 pending for ash borer treatment on Commercial Street.
  • Forestdale Cemetery Projects:
    • Received a $475,000 CPC grant.
    • Repointing of the entire Forest Street wall, main street side, two crypts, and two inner walls completed $30,000 under budget.
    • Achieved Level Two Arboretum status (one of the top 10 in the state), joining UMass Lowell, Northeastern University, and Peabody Essex Museum Arboretum.
    • Achieved Certified Wildlife Habitat status through the National Wildlife Federation.
  • Felsmere Pond Initiatives:
    • Removed fishing line from trees with assistance from wildlife rehabber Linda Amato and Mary Ann Neville.
    • New signage and polyfilament recycling stations to be installed.
    • Felsmere Pond achieved Certified Wildlife Habitat status.
  • Other Initiatives:
    • Signed first vegetation management plan with National Grid three years ago, renewed annually.
    • Identified emerald ash borer issue; 304 ash trees inspected, 13 at Bell Rock Park successfully treated.
    • Purchased first tree care and watering truck ($100,000 earmark).
    • Celebrated 10th consecutive year of Tree City USA and second consecutive Growth Award.
    • Arbor Day Foundation and Tree City USA hosted an event at Malden High School in June.
    • Working on a new tree ordinance and a second pocket forest in Ward 8 (state land).
  • Discussion Points:
    • Councilor Simonelli commended Mr. Rosa's work, particularly in balancing tree preservation with constituent concerns.
    • Councilor Condon noted a 98% success rate for tree plantings, with only 6% loss this year due to road salt and drought.
    • Councilor O'Malley praised Mr. Rosa's leadership in expanding the city's tree canopy, noting the increase in per capita spending from $2.50 to $13.
    • Councilor McDonald highlighted the strategic importance of tree planting for climate resilience, air quality, and reducing heat island effects. Mr. Rosa's vision is to increase canopy coverage from 16% to 40% and implement permeable pavement roads, as tested in Forestdale Cemetery.
    • Councilor Colón-Hayes expressed enthusiasm for the Tree Steward Program manual.
    • Councilor President Linehan emphasized the transformation in the city's approach to tree planting, from a reactive to a strategic, grant-funded model, improving resident trust and sustainability efforts.
    • Councilor Spadafora noted the importance of planting the "right tree" for urban environments and the success of the DCR program, which has expanded to cover all of Malden as an environmental justice area. Residents can request trees via massurbancanopy.org or by contacting Mr. Rosa.
    • Councilor Crowe inquired about mechanisms to ensure developers contribute to tree planting and the new ordinance's fines for tree damage (up to $25,000 for a 30-inch diameter tree).
    • Councilor Winslow referenced historical canopy density and the city's recovery under current initiatives.
  • Mr. Rosa concluded by emphasizing the importance of diversity in tree species to prevent widespread loss from disease or insects.

V. Public Comment

  • Lauren McGillicuddy, Clerk of the Friends of Felsmere Heights:
    • Expressed concern about the unannounced removal of an evergreen tree at the corner of Hospital Road and Murray Hill Road, part of preliminary work for road changes.
    • Criticized the communication process regarding Paper 344-25, which concerns changes to Hospital Road.
    • Stated that citizens were not adequately informed about the proposed changes, leading to confusion and distrust.
    • Highlighted questions from residents regarding the necessity of changes given recent repaving, potential traffic pattern alterations, and preliminary work being done without formal review.
    • Advocated for a more collaborative communication approach for road changes.

VI. Consent Agenda

  • The consent agenda included meeting minutes, one appointment to be placed on file, four appointments to be confirmed, and two papers referred to a joint session of Ordinance and Finance.
  • Motion: To approve the consent agenda.
    • Moved by: Councilor Siga
    • Seconded by: Councilor Simonelli
    • Roll Call Vote:
      • Councilor Colón-Hayes: Yes
      • Councilor Condon: Yes
      • Councilor Crowe: Yes
      • Councilor McDonald: Yes
      • Councilor O'Malley: Yes
      • Councilor Siga: Yes
      • Councilor Simonelli: Yes
      • Councilor Spadafora: Yes
      • Councilor Taylor: Yes
      • Councilor Winslow: Yes
      • Councilor President Linehan: Yes
    • Outcome: Approved (11-0)

VII. Motions, Orders, and Resolutions

A. Paper 342-25: Order to Increase Maximum Age for Retired Police Officers as Special Police Officers

  • Sponsor: Mayor's Office
  • Summary: Order that the city submits to the Massachusetts legislature for passage an act increasing the maximum age requirement for retired police officers for appointment as special police officers in the city of Malden.
  • Discussion:
    • Chief Cronin presented the order, explaining it would increase the age limit for retired officers serving as detail officers from 65 to 70.
    • Benefits:
      • Increases the pool of available officers for details, addressing public safety concerns.
      • No cost to the city; officers pay for their own equipment and training.
      • Experienced officers understand the community's culture.
      • Generates approximately $500,000 annually for the city (10% of $5 million in detail work).
      • Aligns with the recent elimination of the upper age limit for civil service new hires.
    • Questions/Comments:
      • Councilor Simonelli commended Chief Cronin for being proactive, noting the need for experienced officers given declining police exam participation.
      • Councilor Spadafora clarified that the cutoff age is 70 and that the city has no financial obligation if a detail officer is injured, as they are covered by their own health insurance.
      • Councilor Condon highlighted increased police visibility and potential traffic calming benefits.
      • Councilor Crowe questioned the 70-year-old cutoff, noting other cities like Cambridge and Somerville have adopted similar measures.
      • Councilor McDonald inquired about road flagger programs as an alternative. Chief Cronin stated that Malden's ordinance requires a police officer to accompany a flagger, making it inefficient, and flaggers lack arrest powers.
      • Councilor Colón-Hayes clarified that special police officers are primarily for detail work but have arrest powers if an incident occurs. They use their own vehicles and insurance.
      • Councilor O'Malley asked about the distinction between special police officers and auxiliary police (the latter being volunteer).
    • A memo from the Mayor's office supporting the order was noted and will be attached to the minutes.
  • Motion: To adopt Paper 342-25.
    • Moved by: Councilor Siga
    • Seconded by: Councilor Winslow
    • Outcome: Approved (Voice Vote)

B. Paper 343-25: Order for Home Rule Petition on Parking on Private Ways

  • Sponsor: Councilor Winslow
  • Summary: Order that the city council develop a home rule petition to be submitted to the Massachusetts legislature that would provide the city the right to adopt rules for the regulation of parking on private ways within the city.
  • Discussion:
    • Councilor Winslow explained that current laws limit enforcement on private ways, burdening residents.
    • The petition seeks authority for the city to issue warnings and citations on private ways, initiated by residents.
    • This would provide an additional tool beyond towing.
    • Motion: To refer Paper 343-25 to the Rules and Ordinance Committee for further discussion, including legal department input.
      • Moved by: Councilor Winslow
      • Seconded by: Councilor Spadafora
      • Outcome: Approved (Voice Vote)

C. Paper 344-25: Order to Review and Approve Revised Layout of Hospital Road and Savin Street

  • Sponsor: Councilor President Linehan
  • Summary: Order that the city council review and approve the proposed revised layout of Hospital Road and Savin Street which requires takings and discontinuance of portions of the existing public rights of way as per the proposed widening and relocation plan. Subject to review by the city engineer and final approval by the DPW commission in accordance with the special permit granted by the planning board in case number 23.
  • Discussion:
    • Councilor President Linehan clarified that the paper primarily concerns a slight shift in dimensions on the Savin Street side of Hospital Road, narrowing the roadway and widening the sidewalk near the new hospital.
    • She apologized for the inclusion of Murray Hill Road schematics in the attachment, which caused confusion and distress due to an earlier, erroneous tree removal in that area.
    • The Council's approval is a step required by the Planning Board's special permit before the DPW Commission's final re-acceptance of the road, to facilitate the hospital's certificate of occupancy.
    • Questions/Comments:
      • Councilor Winslow raised concerns about land takings, recommending "confirmatory takings" to ensure clear title and no cost to the city, as practiced by the Malden Redevelopment Authority.
      • Councilor O'Malley suggested tabling the item for more clarity, noting confusion in the plans and the inclusion of Murray Hill Road.
      • Councilor Condon discussed historical traffic issues on Hospital Road.
      • Councilor McDonald suggested amending the paper to clarify it does not apply to Murray Hill Road and to include review by the City Solicitor.
      • Councilor President Linehan stated that waiting one week would not significantly impact the hospital's timeline, but a month would. She expressed a preference to vote now, as the DPW Commission is the final deciding body.
      • City Clerk Carol Ann Desiderio clarified that the special permit requires Council review, but not necessarily prior to DPW Commission action.
    • Motion to Amend: To amend Paper 344-25 to:
      • Exclude any changes to the intersection of Hospital Road and Murray Hill Road.
      • Require review by the City Solicitor in addition to the City Engineer.
    • Moved by: Councilor McDonald
    • Seconded by: Councilor Winslow
    • Outcome: Approved (Voice Vote)
    • Motion: To approve Paper 344-25 as amended.
      • Moved by: Councilor Spadafora
      • Seconded by: Councilor Simonelli
      • Outcome: Approved (Voice Vote)

D. Paper 345-25: Resolution Supporting Community Media Funding

  • Sponsors: Councilor Colón-Hayes, Councilor O'Malley, Councilor Winslow, Councilor Taylor, Councilor McDonald
  • Summary: Resolution expressing strong support for Massachusetts legislative bills S41 (An Act to Modernize Funding for Community Media Programming) and H91 (To Sustain Local Media Infrastructure and Civic Engagement). The resolution highlights the essential role of UMA in Malden, the financial challenges faced by local media due to declining cable franchise fees, and the need for stable funding mechanisms. It urges the Massachusetts legislature to pass these measures promptly and directs copies to state officials and the Massachusetts Municipal Association.
  • Discussion:
    • Councilor Colón-Hayes introduced the resolution, noting UMA's recent staff reductions due to funding loss and the importance of these bills for stabilizing local media budgets.
    • Comments:
      • Councilor O'Malley thanked Councilor Colón-Hayes, emphasizing the critical role of local media and the impact of staff reductions at UMA.
      • Councilor Winslow highlighted MATV's historical presence, its role in transparency, and the need for new funding models as media consumption shifts from cable.
      • Councilor Taylor, a former UMA board president and youth program participant, urged community support through donations and participation.
      • Councilor McDonald requested to be added as a co-sponsor, stressing the importance of local media for democracy.
      • Councilor President Linehan praised UMA's new programming, including for middle school-aged children, and its responsiveness to community needs.
  • Motion: To pass Paper 345-25.
    • Moved by: Councilor Simonelli
    • Seconded by: Councilor Taylor
    • Outcome: Approved (Voice Vote)

E. Paper 215-25: Amendment to Code 6.20.010 (Permit Required for Canvassers and Solicitors)

  • Sponsor: Councilor Winslow
  • Summary: Be it ordained by the Malden City Council that the code of the City of Malden, 6.20.010 permit required for canvases and solicitors is hereby amends as follows. This paper amends the city code regarding permits for canvassers and solicitors, reflecting work done in committee to clarify the "no knock" proposal.
  • Discussion:
    • Councilor Winslow stated that this paper represents the final, clear version of amendments discussed in June.
  • Motion: To ordain Paper 215-25.
    • Moved by: Councilor Winslow
    • Seconded by: Councilor Siga
    • Outcome: Approved (Voice Vote)

F. Paper 346-25: Rules and Ordinance Committee Report on Paper 29-25 (Amendment to City Council Rule Book)

  • Summary: The Standing Committee on Rules and Ordinance recommends Paper 29-25 be reported out favorably to the full council.
  • Motion: To receive the committee report.
    • Moved by: Councilor McDonald
    • Seconded by: Councilor Winslow
    • Outcome: Approved (Voice Vote)

G. Paper 29-25: Order to Amend City Council Rule Book (Public Comment Address Requirement)

  • Sponsor: Councilor McDonald
  • Summary: Order that Section 5.0, non-members write to the floor, Subsection 5.04 of the 2023 city council rule book be amended by inserting the following: In the last sentence after name, add street and city or. In the last sentence, strike the word public and replace with legislative. Be it further amended that Subsection 5.05 of the 2023 city council rule book be amended by inserting the following: After name, street and city or. After the first sentence, upon request, the city clerk may privately verify speaker's address in lieu of it being part of the legislative record.
  • Discussion:
    • Councilor McDonald explained the amendment aims to enhance safety for public commenters by allowing private verification of addresses by the City Clerk, rather than requiring a full public disclosure. This addresses concerns about online targeting while ensuring speakers have a stake in the issue.
    • Questions/Comments:
      • Councilor O'Malley supported the amendment, noting it encourages participation and aligns with constitutional rights, allowing for private verification of residency.
      • Councilor President Linehan inquired about handling situations with numerous public comments, especially from non-residents. Councilor McDonald clarified that the clerk's authority to prioritize comments remains unchanged, and the amendment primarily offers an option for private address verification.
      • Councilor Spadafora expressed concern about verifying residency, particularly for hot-button issues, and the potential for non-residents to dominate discussion. He suggested that if an address is not publicly stated, it should still be privately verified.
      • Councilor McDonald reiterated that the amendment provides an option for private verification upon request and does not change the process for signing up or prioritizing comments.
      • Councilor O'Malley emphasized that constitutional rights extend beyond city borders, allowing non-residents to comment on issues affecting them.
      • Councilor Simonelli expressed confusion about the verification process and the potential for non-residents to speak on local issues.
      • Councilor Condon noted historical instances of residents from other cities testifying on issues affecting them.
      • Councilor Siga stated the amendment would not significantly alter current practice, as residents could still be identified by street name and cross-referenced with public records.
  • Motion: To adopt Paper 29-25.
    • Moved by: Councilor Colón-Hayes
    • Seconded by: Councilor O'Malley
    • Outcome: Approved (Voice Vote)

H. Paper 347-25: Order to Go into Executive Session (Opioid Litigation)

  • Summary: Order the city council will vote whether to go into executive session with legal counsel in accordance with exemption three, Massachusetts general law chapter 30A, subsection 21A3, to discuss strategy with respect to the opioid litigation with such discussion in open meeting would have a detrimental effect on the litigation position of the city, if so declared by the chair. Also, if allowed by the body to admit special assistant to the mayor, Marie Louise, in control of Charles Rannigan into meeting.
  • Discussion:
    • Councilor President Linehan initially questioned the necessity of an executive session, as the opioid litigation is a statewide issue and not specific to Malden's direct litigation position.
    • Assistant City Solicitor Zaheer Sami confirmed that discussing the matter in open session would not be detrimental to the city's litigation position.
    • Motion: To recuse Councilor Simonelli.
      • Moved by: Councilor Simonelli
      • Seconded by: Councilor O'Malley
      • Outcome: Approved (Voice Vote)
    • Motion: To proceed with the discussion of Paper 347-25 in open session.
      • Moved by: Councilor President Linehan
      • Seconded by: Councilor Winslow
      • Outcome: Approved (Voice Vote)
    • Discussion on Opioid Litigation:
      • Councilor President Linehan explained the paper relates to the Purdue Pharma and Sackler family bankruptcy cases. The Attorney General recommends municipalities "opt-in" to a settlement, which involves forfeiting the right to sue the Sacklers individually in exchange for a guaranteed amount of money.
      • Zaheer Sami clarified that this is a mass tort case, not a class action. The US Supreme Court previously rejected a plan that would have released the Sacklers without their consent or asset disclosure. The current plan involves the Sacklers contributing $6.5 billion (plus $1.5 billion from Purdue Pharma) over 10 years.
      • Cities and towns must vote to accept the bankruptcy plan and release the Sacklers to receive a portion of the 40% of the settlement allocated to Massachusetts municipalities. The deadline for submission is September 14, 2025.
      • Questions/Comments:
        • Councilor O'Malley expressed concern about releasing the Sacklers from liability without reviewing documents, noting the previous Supreme Court rejection and the relatively small amount of money compared to the human cost. She mentioned an Attorney General's webinar on September 4th, 2025, at 12 PM for municipalities.
        • Councilor Spadafora acknowledged the moral dilemma but emphasized the need for funding for opioid abatement and remediation, which comes with strings attached. He noted that other opioid settlements (distributors, pharmacies) are ongoing and separate.
        • Controller Charles Rannigan provided details on existing opioid settlement funds: $44,000/year from distributors (over 12 years), $11,000/year from Walgreens, $7,000/year from Janssen (over 6 years), $13,000/year from Teva (over 11 years), $13,000/year from Allergan (over 5 years), and $23,000/year from CVS. These funds are currently deposited into the general fund but could be moved to a special revenue fund.
        • Councilor Winslow questioned the alternative to accepting the settlement, noting the difficulty of individual litigation against the Sacklers.
        • Councilor President Linehan reiterated the Mayor's office recommendation to approve the plan, emphasizing the need to sustain recovery programs given the devastating impact of OxyContin. She noted that all 50 state attorneys general have agreed to the plan, and no governmental entity is known to have declined.
        • Maria Louise from the Mayor's office confirmed that the city would not be able to represent itself in this litigation.
    • Motion 1: To approve the City of Malden's participation in the Purdue bankruptcy plan as presented by the Massachusetts Attorney General.
      • Moved by: Councilor Spadafora
      • Seconded by: Councilor President Linehan
      • Roll Call Vote:
        • Councilor Colón-Hayes: Yes
        • Councilor Condon: Yes
        • Councilor Crowe: Yes
        • Councilor McDonald: Yes
        • Councilor O'Malley: Yes
        • Councilor Siga: Yes
        • Councilor Spadafora: Yes
        • Councilor Taylor: Yes
        • Councilor Winslow: Yes
        • Councilor President Linehan: Yes
      • Outcome: Approved (10-0)
    • Motion 2: To release the Sackler family under the terms of the Governmental Entity Settlement Agreement as recommended by the Massachusetts Attorney General.
      • Moved by: Councilor Spadafora
      • Seconded by: Councilor President Linehan
      • Roll Call Vote:
        • Councilor Colón-Hayes: Yes
        • Councilor Condon: Yes
        • Councilor Crowe: Yes
        • Councilor McDonald: Yes
        • Councilor O'Malley: No
        • Councilor Siga: Yes
        • Councilor Spadafora: Yes
        • Councilor Taylor: Yes
        • Councilor Winslow: Yes
        • Councilor President Linehan: Yes
      • Outcome: Approved (9-1)

VIII. Personal Privilege

  • Councilor Winslow: Reminded residents in Wards 4 and 6 about the preliminary election on September 16th. Early voting is available at City Hall until September 11th. Mail-in ballots must be received by 8 PM on September 16th.
  • Councilor Taylor: Announced a "Back to School Night" on Friday, September 5th, at Roosevelt Park at 5:30 PM, co-hosted with Councilor Simonelli, Malden Public Library, and the Office of Strategic Planning and Community Development. The event will feature giveaways, a movie (starting 7:15 PM), food, free library cards, and information on the housing rehab program.
  • Councilor O'Malley:
    • Announced an exhibit on "Malden Brides: Wedding Dresses" at the Malden Public Library on Wednesday, September 3rd, at 6 PM.
    • Announced the Malden Sketch Group's gallery opening on Friday, September 5th, at 6 PM at 350 Main Street.
  • Councilor McDonald:
    • Announced the Police Community Advisory Council's first community forum on Wednesday, September 17th, at 7 PM at the police station community room (online link also available). The forum will present data from the Malden Police Department and community feedback.
    • Reminded residents about the annual Fairy House Festival at Pine Banks Park on Saturday, September 6th, from 12 PM to 4 PM.
    • Provided an update on the trash strike, noting a recent Finance Committee meeting to discuss the city's response. Encouraged residents to sign up for trash updates at cityofmalden.org/connect. Announced recycling drop-off locations, with the current week's location at 245 Bryant Street (old synagogue property).
  • Councilor President Linehan:
    • Congratulated Malden Overcoming Addiction and the Bridge Recovery Center for their overdose awareness vigil on Sunday night.
    • Recapped Boston's first-ever Labor Day parade, noting strong turnout from unions and spectators.
    • Announced the third annual "Good Dog Day" at Felsmere Pond on Monday, September 8th, from 5 PM to 7 PM, co-hosted with Animal Control and Malden Police, featuring free pup cups and treats.
  • Councilor Colón-Hayes: Announced the North Shore Hispanic Association's festival at Ed Lucy Plaza on Saturday, September 20th, from 12 PM to 4 PM.

IX. Adjournment

  • Motion: To adjourn.
    • Moved by: Councilor Siga
    • Seconded by: Councilor McDonald
    • Outcome: Approved (Voice Vote)
  • The meeting was adjourned.

Last updated: Nov 11, 2025

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