Malden City Council 11-25-25

Governing Body: Malden City Council Meeting Type: Regular Meeting Meeting Date: November 25, 2025

Attendees:

• Councillor Karen Colón Hayes
• Councillor Paul Condon
• Councillor Peg Crowe
• Councillor Carey McDonald
• Councillor Ryan O'Malley
• Councillor Jadeane Sica
• Councillor Chris Simonelli (remote)
• Councillor Craig Spadafora
• Councillor Ari Taylor
• Councillor Stephen Winslow
• Council President Amanda Linehan

• The meeting was called to order.
• Pledge of Allegiance was recited.
• A moment of silence was observed for veterans and service members.
• Land Acknowledgement was read.
• Roll Call: All councillors were present. Councillor Simonelli participated remotely, necessitating roll call votes for all matters.

• Councillor O'Malley moved to suspend Rule 54.02, which limits remote attendance to three meetings per year, to allow Councillor Simonelli to participate.
• The Clerk clarified that state-level COVID-19 rule extensions supersede the Council's rule, making the suspension unnecessary.
• Council President Linehan noted that continued remote participation could fall under an HR accommodation, and the specifics of Councillor Simonelli's situation would not be discussed publicly.
• No vote was taken on the motion to suspend Rule 54.02.

• Maria Louise and Kathleen Manning-Hall appeared before the Council on behalf of the Zonta Club of Malden.
• Purpose: To promote Zonta's "16 Days of Activism to End Domestic Violence" (November 25 - December 10) and explain the "Silent Witness" display in the lobby.
• The "Silent Witness" display features silhouettes representing individuals whose lives ended due to domestic violence in Massachusetts.
• A ceremony will be held on December 10th at 6:30 PM in the lobby to honor these individuals.
• Councillor Winslow expressed appreciation for Zonta's work, noting the positive change in municipal response to domestic violence.
• Councillor Taylor, a Zontian, thanked the club and allies for their efforts.
• The Council took a five-minute recess to join Zonta members for a photo with their "Zonta Says No" banner.

• The Clerk read five emails submitted for public comment.
• Maria Moreshi (16 Springdale Street): Supported Resolution 455-25 for a hiring freeze and requested review of positions funded by one-time ARPA funds.
• Samantha LeBlanc (30 Daniel Street): Expressed confusion about Councillor Sica sponsoring the hiring freeze, referencing Councillor Sica's previous concern about Jeff Donahue's vocational school board appointment (a paid position).
• Janice Rice (Henry Street, Ward 7): Supported Resolution 455-25 (hiring freeze) as a proactive step to address the city's financial dilemma and urged against a special election for a tax override until further savings are explored.
• Marjorie Welch (Lowell Street): Supported Councillor Sica's motion 455-25, arguing that Malden residents are already financially strained by various factors and do not need a Proposition 2 1/2 override.
• James Sumner (759 Highland Avenue): Supported Resolution 455-25 as a good first step to address the predicted budget shortfall and potential Proposition 2 1/2 override.

• Items: Meeting minutes, one appointment to be placed on file, four petitions referred to the License Committee, and one communication to be placed on file.
• No items were removed for further discussion.
• Motion: Councillor Sica moved to approve the consent agenda, seconded by Councillor McDonald.
• Vote: 11-0 to approve.

• Subject: Reappointment of Nelson L. Miller (235 Beach Avenue, Melrose) as Director of Inspectional Services.
• Term: Commencing upon confirmation, expiring December 19, 2028.
• Councillor Crowe initially moved to refer to the Personnel Committee but then moved to approve on the floor.
• Motion: Councillor Crowe moved to approve the reappointment on the floor, seconded by Councillor Sica.
• Vote: 11-0 to confirm the reappointment.

• Subject: "Resolve that it is the sense of the Malden City Council that the City of Malden impose an immediate hiring freeze on all new vacant or soon to be vacant positions across all City of Malden departments, boards, and commissions. No position shall be posted or filled unless expressly approved by vote of the City Council. This hiring freeze shall remain in effect until further order of the City Council."
• Councillor Sica clarified that the paper was initially drafted as an "order" but was revised to a "resolve" (expressing the sense of the Council, not a binding order).
• Councillor Sica emphasized the need for the Council to show responsibility in controlling costs, especially with discussions of a Proposition 2 1/2 override.
• Councillor O'Malley questioned the Council's ability to "order" department heads not under its direct control.
• Maria Louise (representing the administration) clarified that there is currently a "pause" on hiring, where each vacant position is evaluated before being filled, but not a full "freeze." She expressed concern about including boards and commissions in a freeze due to quorum requirements.
• Amendment Discussion:
  • Councillor Winslow proposed an amendment to simplify the resolve: "Resolve that it is the sense of the Malden City Council that the City of Malden impose an immediate hiring freeze on all new vacant or soon to be vacant positions across all City of Malden departments." This would remove the requirement for Council approval and the inclusion of boards and commissions.
  • Councillor McDonald suggested adding "discretionary" to the amendment to reflect the administration's current "pause" policy.
  • Councillor Colón Hayes supported the idea of a "discretionary" freeze to allow for essential positions to be filled.
  • Councillor Simonelli supported the paper but agreed to remove boards and commissions.
  • Councillor O'Malley, a co-sponsor, noted that the HR Director confirmed a hiring pause is in effect, with only one public health role actively being sought.
• Motion to Amend: Councillor Winslow moved to amend the paper to read: "Resolve that it is the sense of the Malden City Council that the City of Malden impose an immediate discretionary hiring freeze on all new vacant or soon to be vacant positions across all City of Malden departments." This motion was seconded by Councillor O'Malley.
• Vote on Amendment: 11-0 to approve the amendment. Councillor O'Malley was added as a co-sponsor.
• Motion on Resolve (as amended): Councillor Sica moved to approve the resolve as amended, seconded by Councillor O'Malley.
• Vote: 11-0 to pass the resolve as amended.

• Paper 275-25: Procedure for Selling Tax Title Property
  • Subject: Amends Code 1.04.070 to update procedures for selling tax title property, including creating reserve funds for excess sale proceeds and clarifying the city's ability to purchase property.
  • Motion: Councillor Winslow moved to ordain, seconded by Councillor Crowe.
  • Vote: 11-0 to ordain.
• Paper 276-25: Rental Units Inspection Required
  • Subject: Amends Code 9.16 to outline requirements for rental unit inspections.
  • Motion: Councillor McDonald moved to ordain, seconded by Councillor Winslow.
  • Vote: 11-0 to ordain.
• Paper 277-25: Lead Testing in Water
  • Subject: Amends Code 9.24.010 to clarify lead testing in water as part of rental unit inspections, with an exemption for properties certified by the Department of Engineering as not having lead service lines.
  • Motion: Councillor Winslow moved to ordain, seconded by Councillor McDonald.
  • Vote: 11-0 to ordain.
• Paper 361-25: Department Head Salary Schedule
  • Subject: Amends Code 2.24.015 by adding an updated salary schedule chart effective July 1, 2025. This specifically approved the first year of a three-year schedule.
  • Councillor Simonelli questioned the timing of raises given potential Proposition 2 1/2 override discussions.
  • Councillor Winslow and McDonald clarified that the first year's increase was already budgeted and that not approving it would force renegotiations, potentially hindering departmental efficiency.
  • Councillor Colón Hayes and O'Malley voted against, citing concerns about rank-and-file contracts and the financial impact (over $115,000 for FY2026).
  • Motion: Councillor Winslow moved to ordain, seconded by Councillor Taylor.
  • Vote: 8-3 (Yes: Crowe, McDonald, Sica, Spadafora, Taylor, Winslow, Linehan, Condon; No: Colón Hayes, O'Malley; Abstain: Simonelli) to ordain.

• Paper 456-25: Committee Report on Paper 408-25.
• Motion: Councillor Crowe moved to accept the committee report, seconded by Councillor Colón Hayes.
• Vote: 10-0 to accept (Councillor Simonelli was not present for this vote).
• Paper 408-25: Mayoral Appointment - Olivia Hemmons
  • Subject: Appointment of Olivia Hemmons (769 Main Street, Apartment 1, Malden) as a member of the Conservation Commission.
  • Term: Commencing upon confirmation, expiring September 15, 2027.
  • Councillor Crowe highlighted Ms. Hemmons' background as an ecologist and environmental scientist, her experience with municipal stormwater management, and her enthusiasm to contribute.
  • Motion: Councillor O'Malley moved to approve the appointment, seconded by Councillor Crowe.
  • Vote: 11-0 to confirm the appointment.

• Paper 457-25: Committee Report on Papers 370 and 409-431 Series of 2025.
• Motion: Councillor Sica moved to accept the committee report, seconded by Councillor McDonald.
• Vote: 10-0 to accept (Councillor Simonelli was not present for this vote).
• Petitions for Renewal (Conditional Approvals):
  • Paper 370-25: Class II License, AGM Auto Sales Incorporated, 160 Eastern Avenue (21 Cars Renewal) - Recommended conditional approval for three months.
  • Paper 414-25: Class II License, Motors of Malden Incorporated, 600 Broadway (37 Cars Renewal) - Conditional recommendation.
  • Paper 415-25: Class II License, Prestigious Motors of Malden Incorporated, 590 Broadway (30 Cars Renewal) - Conditional recommendation.
  • Councillor Sica explained that the conditional approvals for Motors of Malden and Prestigious Motors were due to exceeding the allowed number of cars, with compliance checks to be conducted.
• Petitions for Renewal (Unanimously Recommended):
  • Amusement Machines: Loyal Order of the Moose Lodge (2 machines), Italian American War Veterans Post 1640 (4 machines), Pearl Street Station (2 machines).
  • Class II Licenses: Broadway Auto Sales (0 cars), GP Motorcycle Supplies (4 motorcycles), Reliance Motor Auto Group, LLC (38 cars), Richard Motor Cars Incorporated (77 cars), River Auto Sales Incorporated (21 cars), Scott M Fitzpatrick DBA Wentworth Auto Sales (15 spaces), Top Cars Motor Group Incorporated (30 cars).
  • Class III License: Malden Broadway Auto Body Incorporated.
  • Extended Hours: Williams Services, LLC, DBA, Laundry Plus (705 Eastern Avenue, 5 AM-11 PM public, 24 hours commercial); Eat the Opening Restaurant (1B Highland Avenue, Tue/Wed 11 AM-1 AM, Thu-Sun 7 AM-1 AM); Main Street Laundromat (780 Main Street, 5 AM-11 PM); GNV Convenience, Incorporated, DBA, Supreme Food Mart (1018 Eastern Avenue, 24 hours); The Brewster Company, DBA McDonald's (114 Broadway, 24 hours, conditional on dining room closing at 9 PM); Speedway, LLC, Store 44222 (2 on 4 Broadway, 24 hours); UD Foods, Incorporated, DBA, 711 (169 Salem Street, 24 hours).
  • Fortune Teller: Chris Bergen, Full Heart Tarot, Readings and More (73 Linden Avenue, Apartment Number 1).
• Recusal: Councillor Colón Hayes recused herself from the vote on Chris Bergen's fortune teller license due to a past campaign manager relationship.
• Tabled Petitions: Papers 430 and 431 were tabled in committee and not presented to the Council.
• Motion to Grant (414-25 & 415-25): Councillor Sica moved to grant petitions 414-25 and 415-25, seconded by Councillor Taylor.
  • Councillor O'Malley requested a separate vote on these two petitions.
  • Vote: 9-1 (Yes: Colón Hayes, Condon, Crowe, McDonald, Sica, Simonelli, Spadafora, Taylor, Winslow; No: O'Malley; Recused: None) to grant.
• Motion to Grant (Remaining Petitions): Councillor Sica moved to grant all remaining petitions, seconded by Councillor Taylor.
  • Vote: 10-0 (Councillor Colón Hayes recused herself from the Chris Bergen vote, but the overall vote was 10-0 for the block of remaining petitions) to grant.

• Subject: Order for the City Council to vote whether to go into executive session with legal counsel in accordance with exemption 1 (Massachusetts General Laws Chapter 30A, Section 21A1) and exemption 7 (Massachusetts General Laws, Chapter 38, Section 21A7) to act on a pending Open Meeting Law complaint filed by Jadine Sica against the City Council related to alleged serial deliberation regarding Paper 432-25 (appointment of Jeffrey Donahue to the Northeast Metropolitan Regional Vocational Technical School Committee).
• Clerk's Explanation: A "yes" vote would mean going into executive session; a "no" vote would mean discussing the matter on the floor.
• Vote to Enter Executive Session: 0-11 (all councillors voted "no") to not enter executive session. The discussion proceeded on the floor.
• Open Meeting Law Complaint Details (read by Clerk): The complaint, filed by Councillor Jadine Sica on November 19, 2025, alleged that Councillor Colón Hayes engaged in serial deliberation by communicating privately (text, email, phone calls) with at least five other Council members (a quorum) to influence deliberations on Paper 432-25. The complaint requested Councillor Colón Hayes' recusal, corrective actions by the Council, and forwarding the complaint to the Attorney General's Division of Open Government.
• Councillor Sica's Remarks:
  • Stated that rules should apply to everyone and that she filed the complaint due to Councillor Colón Hayes making phone calls regarding an agenda item.
  • Cited specific instances of Councillor Colón Hayes contacting Councillors Crowe, Taylor, Simonelli, Linehan, and O'Malley, totaling six members (a quorum).
  • Argued that these communications constituted serial deliberation, undermining transparency and violating public trust.
  • Requested Councillor Colón Hayes recuse herself from the matter.
• Councillor Colón Hayes' Response:
  • Requested the matter be referred to the City Solicitor's office for investigation.
  • Stated she did not believe she went over a quorum and looked forward to the investigation.
• Motion to Refer to Legal Department: Councillor McDonald moved to refer the matter to the legal department for investigation and review, seconded by Councillor Colón Hayes.
• Discussion on Referral:
  • Councillor Winslow supported the referral, citing past successful investigations by the legal office.
  • Councillor Taylor questioned whether the complaint should go directly to the Attorney General or the city's legal office.
  • Councillor Sica expressed a desire for more deliberation on the floor, stating she had "hardcore black and white proof" and did not want to "waste the city solicitor's time." She also noted the delay in appointing a representative to the school committee.
  • The City Solicitor's representative recommended referring to their office for investigation, stating they would come back to the Council with findings.
  • Councillor O'Malley clarified that the complaint likely already went to the state and that the Council's legal department would prepare a response for the Attorney General.
  • Councillor Simonelli urged caution, emphasizing the seriousness of the accusations and the need for due process through the City Solicitor's investigation before further debate.
  • Councillor Crowe agreed with referring to legal, noting that public deliberation on the specifics of the communications could involve individuals not part of the Council.
  • Council President Linehan echoed concerns about discussing the specifics of an appointment and the need for clarity on Open Meeting Law boundaries.
• Vote on Motion to Refer: 9-2 (Yes: Colón Hayes, Condon, Crowe, McDonald, O'Malley, Spadafora, Taylor, Winslow, Linehan; No: Sica, Simonelli) to refer the matter to the legal department for investigation.

• Councillor Simonelli: Announced holiday lights at Lincoln Commons and invited everyone for hot chocolate next week, with a potential visit from Santa.
• Councillor O'Malley: Thanked Old Town Trolley of Malden for sponsoring the Malden Arts public art trolley tour, which visited every ward.
• Councillor Crowe: Wished everyone a Happy Thanksgiving and promoted the Bread of Life's "Don't Be Alone for Thanksgiving" event at Malden High School (12 PM). Noted that Councillor Spadafora and Maria Louise are organizing deliveries of over 1,300 meals and encouraged volunteers.
• Councillor Winslow: Reminded residents of the Medford vs. Malden football game on Thursday at 10 AM in Medford. Announced a tree lighting ceremony with caroling, hot chocolate, and candy canes on Friday, December 5th, at 5 PM in Maplewood Square, thanking DPW, Maplewood Association, Fina Rinaldi, and Big C Welding.
• Councillor Colón Hayes: Gave a shout-out to the Malden Warming Center, praising their volunteer training and encouraging donations and website visits (maldenwarmingcenter.org).
• Councillor Condon: Wished all Ward 2 residents and the city of Malden a Happy Thanksgiving.
• Council President Linehan: Reminded folks of the tree lighting at Fellsere Pond on Saturday after Thanksgiving, around 4 PM, with hot chocolate, music, treats, and Santa.

• Motion: Councillor McDonald moved to adjourn, seconded by Councillor Condon.
• Vote: All in favor.
• The meeting was adjourned.