Malden City Council 06-16-2026

The Council will come to order. All 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, 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 Massachusetts, Pennacook, and Pawtucket peoples whose ancestral lands we now call home 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 recognized and respected in the life of our city. Clerk, will you please call the roll?

Council of Colón Hayes. Here. Council of Condon. Here. Council Crowe. Luong, McDonald, O'Malley, Sica, Simonelli, Taylor, Winslow, President Linehan.

Under the provisions of the Open Meeting Law, for those of you in attendance, 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 this meeting. Is there anyone else present tonight who is recording in addition to Uma? Can you please identify yourself if so? Okay, seeing none, we'll move on to our first order of business. First order of business is public comment. Public comment is allowed under council rules. Each speaker is limited to the subject matter relevant to our evening's agenda, and everyone must keep their comments to two minutes or less. Clerk, do we have anyone signed up for public comment?

We do. Neil Anderson?

please you may come to the podium, you have the floor. Name and address or just you can list just your street for the record.

Yes, for the record, my name is Neil Anderson. I live at 56 Mill Street, and I'm here to speak. about the paper that's before you this evening on the funding through the Community Preservation Act for Emmanuel Baptist Church. First off, I want to say thank you, Madam President and members of the Malden City Council Give me this opportunity to speak and to speak here before this very important paper that's before us. We had an opportunity earlier this evening at the Finance Committee to review the Community Preservation Act's proposal, and I'm hoping that the full council will vote out favorably the paper that has been voted out favorably through the Community Preservation Committee. to fund the restoration of a portion of a building that is a historic building here in our city.

I was pleased to be a member of the city council When this Preservation Act was put into place, and as I mentioned in the Finance Committee meeting, I had the opportunity to see this thing come full circle, now funding the project that is so important to this city. Emmanuel Baptist is a church. However, it's a very important civic institution in this community with a food pantry that serves the entire city, with activities that take place that reaches out Far beyond its religious activities. And I think all of you on the council have been to to Emmanuel at one time or another and have seen those activities taking place. So without a whole lot of ado, I just want to say I look forward to your positive vote on this

and look forward to Emmanuel Baptist being able to continue doing the kind of work for the city of Malden to bring this community, continue to bring this community together as an important community in the city of Malden where everyone is feeling welcome and collectively joining together and doing things for the good of all of us in the city of Malden. Thank you.

Thank you. Are there any other, nobody else has signed up? Do we have any emails to read?

We do not.

Okay, so seeing no others, we'll move on to the consent agenda. This evening's consent agenda consists of meeting minutes to be approved, four appointments to be placed on file, five petitions to be referred to the License Committee, one communication to be placed on file, and four papers to be referred to Rules and Ordinance. Does any counselor have a desire to remove any items? I see Councilor Winslow has their light on. Councilor Winslow.

Yeah, I just want to talk about the meeting minutes of June 9th, 2026. Thanks, great. Just June 9th? June 9th, that's all.

Okay. All right, so we will remove the meeting minutes of June 9th for discussion. Okay, did you want to explain your edits to the minutes? Oh, I'm sorry, did your light go off?

Yeah, go ahead. No, I just, I note, I don't know if it's really editing the minutes. The minutes were good. Okay. It was just really being consistent with public records law. Alana Martinez did provide the Council copies of the draft language access plan. and those really need to become part of the public record because it was submitted to the whole council. So I'm happy to pass my version on to the Clerk so that can be scanned and put in the record or I can do that.

So I think I did respond by email earlier today that the Clerk and I were already preparing to do that. I think we are awaiting...

I had asked her to give those to me, and she hasn't done that, which is why they're not attached. If and when I get them, I will... will be more than happy to attend.

Okay. All right. So let me know. I mean, I will hang on to these and just let me know. I have them right here if you need them. Okay.

I do also have a copy, so it sounds like we have a backup plan if we don't. get the file from her.

Otherwise, they were very good.

Okay, absolutely. Yeah, it sounds like we're in agreement on doing that.

So otherwise, I withdraw that request.

We can do the consent. Motion to approve the consent agenda.

Okay, all in favor of approving the, oh, I'm so sorry, Councilor O'Malley, I didn't see your light.

Yes, sorry, on the June 9th ones, I just feel like it's going to be hard for us to keep track of having to go back to it, so I would just move that we table the June 9th ones until we have a chance to actually attach them. It's just going to be, I think, hard for everyone to remember. that we need to go back to June 9th and attach a document.

I just- A tabling motion on the June 9th minutes.

Yeah, until we have the digital version or until they're scanned in, you know, I just think,

If you want them, somebody needs to send them to me. I mean, I can have them attached as quickly as this evening. I don't have the documentation. It needs to be sent to me.

Yes, one moment, please. Councilor Simonelli.

Thank you, Madam President. So, as you can see, it's being handed here today. With any more delay, I have all trust in the City Clerk that this will be... There you go. Okay.

Thank you. Thank you.

Councilor O'Malley, are you comfortable moving forward?

Yeah, pursuant to them being attached, then yes. Thank you.

Okay. So we have a motion. Oh, hang on, Councilor McDonald. That's okay.

I just want to clarify. So I thought that what we had proposed last week was also that these be attached to the paper.

Well, this was my question. I actually don't see how it holds up the minutes because it should be attached to the legislative history of the paper. So that it is findable. I am fine with us well it sounds like we've resolved it so we don't need to table these minutes anyways but I think it should be in both locations I agree with you got it so when we attach it to the legislative history of the paper

it populates on the meeting minutes as a live link. And I think that that's how it's in two places at once.

Thank you, Clerk. Thank you for clarifying. Thank you. So we have a motion by Councilor Sica regarding the entire consent agenda. Who seconded that? Crowe. Seconded by, oh, Councilor Crowe. Okay, that's fine, as long as somebody seconds. All in favor? Aye. Okay, wow, those are like three pages long. Okay, the consent agenda is approved. Next order of business. I have to get there. I know, it took me a few flips.

Council will hold public hearings on national good petitions to install new poles and underground conduits. Paper 321-26 Petition Massachusetts Electric Company DBA National Grid and Verizon New England Incorporated Plan Number 31120327. This is one. petition with three separate parts. National grid to install one sole owned pole on Pearl Street, beginning at the point approximately 145 feet south of the center line of the intersection of Medford Street and Pearl Street, in front of 392 Pearl Street. National Grid to install new sole-owned pole 354-50-1 for future riser poles. 2. National grid to install one joint-owned pole on Pearl Street, beginning at a point approximately 145 feet south of the center line of the intersection of Medford Street and Pearl Street, in front of 363 Pearl Street.

National Grid to install new joint-owned pole 354-504, mid-span tap. Number three, National Grid to install underground facilities on Pearl Street beginning at a point approximately 20 feet north of the center line of the intersection. of Medford Street and Pearl Street in front of 315 Medford Street and continuing approximately 205 feet in a south direction ending in front of 392 Pearl Street National Grid is petitioning to install two 5-inch ducts from existing MH605 south, approximately 205 feet, to a new riser hole on the east side of Pearl Street.

Welcome back. Do you want to briefly introduce this for us before we open the public hearing? Then we can introduce the hearing and then take questions from the council.

So this job is solely being done because we're having issues with clearances from MWRA and cable. That's why we have already existing conduit in the area, as you can see on the sketch, where it goes from The manhole to pull 355, but we have to go on the other side because of the issues with MWRA and cable.

Okay, do folks have any questions before we start the hearing?

Councilor Condon?

Can you clarify?

Other side of the street.

Other side of the street? Yes. Across from what, 363?

363. Yes, across from 363.

363, Pearl. From the other guy's driveway.

So we're placing the poll... You're on the business side, right? Sorry? You're on the business side. So we're placing one new poll on the side of 366 and one across the street.

Are you all set? Okay. Any other questions or clarifications? Okay. At this time, I'll declare the public hearing open. Anyone wishing to speak in favor of this petition, please come forward, state your name and address for the record. Anyone wishing to speak in favor? Okay, hearing none and seeing none, I'll declare that portion of the hearing closed. 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. Hearing none, seeing none, I'll declare that portion of the hearing closed. O'Malley.

If the Ward 2 Councillor doesn't mind, can I ask some questions? I'm sorry, can you reiterate what's happening? Sorry, what was that? Can you explain what's happening again? I apologize. Hold on, I'm trying to...

So we currently have conduit going from manhole 605 right to pole 55, or pole 355, sorry. That's the riser pole where it goes underground to the main hall. But we're having issues, clearance issues with MWRA and cable. where we can't be that close to where they're doing their work. So we have to redo all the conduit and go to the new pole

So when you say MWRA, you're talking about the water? So you're talking about underground utilities are in the way?

Yes.

And the new pole is serving what purpose?

Pole 354? So that's the pole that we're going to be going underground from, instead of going underground from Pole 355.

Simonelli.

Thank you. It sounds like you're coming from across the street because the MWRA and Cable Company. You don't have enough clearance. So you're moving it across the street, coming up from that pole, right? Under the ground? Coming up from the underground to that pole?

No, that pole has overhead. So pole 354 will be going underground to the men's. That's what I'm saying. Yeah.

Okay.

So just to clarify, on the plan, 354 is a new poll, correct? Yes.

No, 354-50-1. That's a new poll? That's a new poll, yes.

What is that poll being installed for?

That is the one that we'll be going underground from.

You told me it's a new pole.

Well, it's a new pole. We're giving it overhead wire from the other side of the street, and we're going underground from that pole all the way to the manhole.

Wait, I'm just not understanding. What's the point of the poll, though? Why do you need a poll?

Because we have to cross the street.

You have to cross Pearl Street.

Pearl Street.

And where are you going? to the manhole. But why?

So we have MWRA issues on that side of the street where we can't do any underground work on this side of the street. If we were going overhead to the other side of the street, do underground work.

No, I understand, but everyone already has electricity. Who are you going?

This is a main line feeder. This feeds a lot of people, not one customer. It feeds thousands of customers. That's the main line that feeds. the east side of Bedford Street.

Does everyone else understand or is it just me? I'm just trying to understand, like, what is the, if the existing electrical system is working now, what is... We are having issues where I'm not sure what work they're trying to do.

We have to remove our stuff because it's in the way.

Hmm. So you have to remove poles.

The condo and electric hills underground can't be where it is right now.

The existing, okay.

The existing, yes.

So you don't have a conflict. MWRA has a conflict with you. Yep. Okay, well I think that's a different situation, right? I think we need to bring in MWRA and ask them

If there's a way that they... Councilor doesn't have a problem with it though. Why do you?

Well, one, I have a history of wanting to make sure that we're holding our utility companies accountable. and I'm not saying that the ward councillor's not. I'm just saying it sounds like the existing system's working and I think we need a better understand.

The move and the pull from 363. Can you move your mic closer a little bit? Thanks. So in the businesses, and they're going to go underground conduit so the other people will get their electricity.

Well, what I just found out is it sounds like everyone already has electricity. It's that the MWRA wants them to remove some of their existing underground equipment.

Well, we can't be in clearance. We can't be in... Conflict Clearance with either water or cable. We have to have a certain distance, and if we are not in that distance, we have to move our stuff. It's not just up to MWRA, it's up to our standards.

Well, can I make a suggestion? Yes. Can you be free tomorrow morning?

Tomorrow morning? Yeah. To take a call? Yes.

You want to meet me out there?

I will not be in Malden tomorrow, no.

You won't be in in the morning?

I can meet you Thursday, if that works.

Thursday?

Yeah.

At about 11?

Yeah, that works, yeah.

Okay, I'll meet you down at 363. Okay.

Are you looking to table or approve pending?

I'm looking to table. Okay. I'll second Councillor Condon's motion to table. So that he can explain to... exactly what you're doing and why you're doing it.

Yes, I'm going to take you quickly and then I do have Councilor Winslow also waiting.

Can we... If he's okay with what happens on Thursday, why make this poor kid come back next week? Can we just vote to approve pending the meeting?

This was my question to Councilor Condon. Do we want a table or approve pending?

I'd like to have you approved pending as long as he goes through what you're going to have to do in that area. As long as you can Go through and explain to me what you have to do.

I mean, I can explain it here. Unless you want visuals, then that's fine.

When you say 363 to some of these people, they don't know what you're talking about as far as where it is. That's on the southerly side of Medford Street, right?

Yes. Yep.

See, they don't...

But it is on the drawings. I'm not sure if you guys have the drawings in front of you.

I can meet them out there now.

I think it doesn't, we can either table or approve pending conditions. I think either way we probably don't have to bring you back if you're comfortable with it after the meeting. I'm fine either way. I do want to go to Councilor Winslow who's been waiting patiently to speak before we do take up that motion.

So I'm just trying to understand a little bit and that this might help with your meeting. Right now, I'm just looking at Pearl Street on the plan. It's running north-south and then Medford Street. To the right is the orange line. To the left is Highland Avenue. so it looks like the west side of Pearl Street right now there's a pole line and it's showing pole 354 and then running up to pole 350 and pole 350 is on the north side of north east, northwest side of Medford Street. So is that what's existing? Is that what is in conflict? or is there a conduit underground which is conflict? Are you having to change poles because of the conflict with MWA or are you changing the conduit?

You're talking about pole 350?

I'm looking at, I'm just trying to understand what's a little bit out there, but I'm just trying to understand. I see there's poll, does this poll 3-54-50 exist now? Is that?

354.50 does not exist.

And then there's 354.50-1. Yep, that's also another new poll. So you have to put one on the other side. Yep, so it's separate. And then... Then there's a conduit that runs from the new pole 354-51 up Pearl Street and then crossing Medford Street. Is that new conduit? To the manhole, yes. And so that is what, so you're having to... jump the line over to the other side of the street and then do the conduit to reduce that conflict. Okay, so I understand. and is there a conduit right now on the other side of Pearl Street from the new?

If you look at the reference conduit, which is the dashed double line, that's the conduit that goes from manhole 605 right to pole 355. That's what's existing right now, yes.

And so that's what you have to get rid of. Okay. I understand what's going on. I'd be fine either way, whatever Councilor Condon prefers.

Okay. I'm going to go to Councillor McDonald, who has not spoken yet, and then back to Councillor O'Malley.

All right. I think I do understand now what is being proposed. Can you give us any insight into where the infrastructure is that the MWRA and Cable has said is causing a conflict.

Exactly where? I can't give you that information. I don't know exactly where. This is not really my project. My co-workers projects, I just took it over because it's in Malden. So I don't have all the details on it, unfortunately.

Okay, and then do you know So I see the conduit on the map. Where is the conduit being run up a pole right now? The existing conduit? Yes, where's the existing conduit being accessed? It's at pole 355 right now. It's at 355. It goes underground from that pole all the way to manhole 605. So the conduit basically from the existing 605 down to 354.50 would be? Deactivated. Is that correct? That's what would happen? Not 354.50, 355. 354.50 is a new poll. I understand. But in the future that you are proposing to us, that existing conduit that runs from the God, what is this called? The reference manhole on the north side of Medford Street. The existing one that runs down the west side of Pearl Street would become deactivated? Is that what would happen? Yes.

Okay, so there's something along that corridor pathway. Yep, that's having issues with MWRA and cable. And presumably that is, do you know if that's new? Did they just install it? Do we know why this is coming out now?

No, it's definitely not new. It's definitely not newly installed. I'm not sure what exactly the issues are, but...

Okay, so they just called you up and said, we have to... Well, I didn't do the project, so they didn't call me up. They called up your colleague and said, you have to move this conduit, or... Fair warning, our infrastructure is too close.

I'm not sure if they're doing what they're doing exactly. They're doing a project on Lynn Street where they're redoing or improving their water pipes. I'm not sure if that's something that's similar to that because I know they're redoing all of Flint Street and we have to relocate a few of our poles.

So it may not have been installed yet? Sorry? The infrastructure you're talking about, that is a conflict, does it exist? Or are they waiting for you to move the conduit? They're most likely waiting for us to move the conduit. Okay. To do their work. So it is a proposed project somewhere with the NWRA and cable. Correct. that they can't proceed with until this conduit is moved. Okay, thank you.

Okay, Councilor O'Malley.

Yeah, that is the important thing. I think it would be helpful to get something from the MWRI explaining what their proposal is and where it would be on this map. Right now, This is not the first time we've been asked to change things around without really knowing why. It was small cell antennas the last time. It's been other things. I just think that haphazardly doing things like this, we really need to understand why. I'm not sure if I can make it on Thursday.

I can try to make it on Thursday, but I think that... You bring what you need to bring to show me what you're attempting to do. Thursday. So, and have someone there that can explain thoroughly. Okay? Thank you. I know you're not that familiar with it. You're not that familiar with the project, but somebody's familiar. Correct. So if they want the permit to go forward, have them there to explain exactly what they're doing, what they're going to do. where they're going to put the conduit, okay?

Okay, thank you.

So I move to table it.

Okay, we have a motion to table. Seconded by Councilor Simonelli. All in favor? Aye. The motion is tabled. Thank you. Next order of business.

No, he doesn't. Okay, so we won't have to do all this all over again.

You good?

Okay. Wow.

Good morning. Paper 296-26 order. Be it hereby ordained by the Malden City Council that the code of the City of Malden 4.16 sign control is hereby amends as follows. This was enrolled last week and now we need to vote to ordain.

Councillor Winslow.

I'll make a motion to ordain.

Second. Okay, on a motion by Councilor Winslow, seconded by Councilor Taylor to ordain. All in favor? Aye. Any opposed? Okay, the order is ordained.

Paper 322-26, Communication from Planning Board regarding Council Paper 276-26, also numbered as CCP 276-26. 2026, amendments of 12.12.030 and 12.32, Title 12, Code of the City of Malden Use Regulations, Definition and Moratorium on Permitting of Data Sentence.

Okay, on a motion by Councilor Winslow, seconded by Councilor Taylor to receive the report. All in favor? Aye. Any opposed? The communication is received.

Paper 276-26 be it ordained by the Malden City Council that Sections 12 and 32 of Title 12 of the Code of the City of Malden are hereby amended as outlined in the body of this paper regarding data centers. This was sponsored by Councilor Taylor.

Okay, Councilor Winslow.

Yeah, so the Rules and Orders Committee and the Planning Board did have the hearing to discuss this paper, and the Planning Board did favorably recommend that. So I guess I don't necessarily see a need to send this to committee since this is just a moratorium. So my recommendation would be to enroll tonight.

Okay, Councilor Taylor, did you want to speak to this? You know, this just kind of wraps everything up and gets us moving forward with being able to plan out what data centers will look like in Malden, or if they look like anything in Malden. So I'm just excited to move this forward and I'm thankful that Rules Anonymous and Planning Board McDonald.

I just wanted to add my appreciation for the swift action on this paper. because this is such a broad concern across so many parts of the community. And I think that consensus shows in how easily this paper is moving. But data centers are a huge concern. they can threaten our power supply and our water usage and can create all kinds of nuisances for the neighborhood. We've had great conversation and already passed a moratorium, but this buttoning it up, I was glad to see that that the planning board fully supported this recommendation. And so I would certainly want to support a swift passage of this change to make sure that there's no wiggle room in this and that we are making sure that we take the time to create thoughtful regulations that minimize the impact of these data centers. We know they're only growing and they're a huge concern for the community so I'm glad that our community is helping to lead the way in that.

McDonald, because that's what I'm hearing from everybody else that I talk to is just wanting to put a pause on these data centers until we can figure out how to make them not terrible for our communities. So thank you.

Thank you, Councilor McDonald. Councilor O'Malley.

I wanted to thank the sponsor for helping bring this conversation forward. But I also really want to thank our city planner, Michelle Romero, for helping get this through the process. As we learned, there are specific things that we have to do to implement zoning moratoriums and during the discussion of this coming up when we previously did this it was like what was the process and the fact that we have great institutional knowledge in the city planners department, I think is a great asset to our community. And just wanted to say thank you for helping it get through and checking all the boxes. Thank you.

Thank you. So seeing no other lights, we do need a roll call to...

will you please call the roll? Taylor, Councilor Winslow, Councilor President Linehan. Yes. So that paper has been enrolled unanimously. Fantastic. Next order of business.

Oh, I'm so sorry, Councilor Crowe.

Motion to suspend rules for the purposes of ordaining.

Okay. On a motion by Councilor Crowe, seconded by Councilor O'Malley to suspend the rules for the purposes of ordaining.

President Linehan. So the rules have been suspended.

Do I have a motion to ordain? Okay, on a motion by Councilor McDonald, seconded by Councilor Simonelli to ordain, we will call the roll.

Colón Hayes, Condon, Crowe, Linehan, McDonald, O'Malley, Sica, Simonelli, Taylor, Winslow, Council President Linehan. Yes. Okay, so that paper is one and done unanimously.

All right, thank you everyone.

Okay.

Now we'll move on to next order of business.

Paper 323-26, Committee Report. The Standing Committee on Finance, to whom was referred, Papers 275, 289, and 290, Series of 2026. Having considered the same, make the following report.

On a motion by Councilor McDonald, seconded by Councilor Luong, to receive the committee report. All in favor? I, the committee report is received.

Paper 275-26, order the mayor will submit the fiscal year 2027 annual appropriation orders for the Water Sewer Enterprise Fund, Community Preservation Fund, and Cable Access Fund. McDonald.

So just very briefly, these are the three additional budgets that the council has to approve alongside the general fund budget, which is the big That's the big shebang that we did last week. These are still important and significant budgets. We had a good discussion in the Finance Committee and note that for the Water Sewer Enterprise Fund, which is the most significant, the Water Board approved a rate, which is the DPW Commission, a rate increase in May. And so that's incorporated into this. and we discussed the billing from the MWRA that does direct most of the costs here and reviewed that budget. We also talked about the cable access fund, which is determined based on the fees we get from cable, which is declining because so many of us are using streaming services.

And so that was a little bit better than last year, but that's pretty much based on this outside funding source and the city is trying to limit its own use and many more. Thank you. We noted in the committee report to expect that in the fall there may be a supplemental appropriation request once we get final numbers from the state, which hopefully will be to the better. And then also because the CPC The Community Preservation Commission may want to spend some of its unappropriated reserves on specific projects, so something to look forward to in the fall. It was a unanimous vote to recommend these budgets back favorably to the full council.

Okay, motion by Councillor Simonelli. Seconded by Councillor Luong. We do need, it looks like, a roll call to adopt the order.

Sica, Simonelli, Taylor, Winslow President Linehan, and Councilor O'Malley, we are voting thank you on paper 275. And he said yes, thank you. That paper has been adopted. Okay, next order of business. Paper 289-26, order that the appropriation enumerated below being in the amount of $50,000 be appropriated from the Community Preservation Act Fund for the following project. Drafton Park Project from Fund Balance to the Office of Strategic Planning and Community Development and Department of Public Works of the City of Malden.

Okay, Councilor McDonald.

So this is a smaller grant and it is to close out some of the project commitments that the CPC has already funded in the past. It's up to $50,000 to install lighting in the park. just due to some planning changes and cost overruns, this is going to require a supplemental grant. So we were happy to unanimously recommend approval of this grant.

Okay, looks like we need another roll call. I think Councilor Winslow has a... Oh, sorry, Councilor Winslow. Thank you so much.

Yeah, no, this is some supplemental funding that's been requested by the strategic planning and I'm supportive of. We always had planned in our master plan to have additional lighting at Drafton Park. The strategy was to do some solar lighting. It took a while to figure out how that worked best. the quote that came back ended up exceeding what CPC had initially funded, the $50,000 plus any contingency that was left. So we really needed to come back and get that. So the thought is this amount of money is enough to fund what we think is the price we got in September, plus a little bit more. just in case prices have gone up. So it'll be great that the solar lights are more flexible and will look more attractive for the park. So thank you. That's great. It's fully supportable.

Okay, we need a motion. Okay, I heard Councilor Winslow and Councilor Colón Hayes, so we do need a roll call.

Councilor Colón Hayes, Councilor Condon, Councilor Crowe. Yes. Councilor Wong. Yes. Councilor McDonald. Yes. Councilor O'Malley. Yes. Councilor Sica. Yes. Councilor Simonelli. Yes. Councilor Taylor. Yes. Councilor Winslow. Yes. Councilor President Linehan. Yes. Okay, that order has been adopted.

Okay, next order of business.

Paper 290-26, order that the appropriation enumerated below being in the amount of $100,000 be appropriated from the Community Preservation Act Fund for the following project, Emanuel Baptist Church Restoration Project from Historic Preservation Reserve to the Emmanuel Baptist Church. I'm right back to Councilor McDonald.

This is our final CPC grant of the year, and this is the third grant that the council has received that would provide for preserving historic and significant church buildings in the city. and so this one is specifically focused on the roof and the building envelope to maintain what is a well-used community space and architecturally significant building in the neighborhood. So we had a lot of great discussion and a lot of Deep support for this project and had some voices here to show those support as well as we heard in public comments. So we were very happy to make a unanimous recommendation to approve the grant.

Okay, I do have one light from Councilor Winslow.

Yeah, no, I definitely have favor of this. And I know one of the things, it's great that through this process we did, with support from our legal office, ensure that religious institutions can come in and help preserve their historic civic buildings. That's really exterior work. So it's great that three of our, you know, and local churches did step up and do a lot of assessment themselves and with the support of the CPC, really assess what was very critical for the buildings and the funding is focused on that. And if there are other religious institutions out there or people that own historic churches, they can step forward too. So step forward just like Emmanuel Baptist did and just like St. Paul's and First Parish did if that is a concern of your church and civic buildings that are historic. Thank you.

Thank you, Councilor Winslow. Okay, motion by Councilor Simonelli, seconded by Councilor McDonald, and we'll do a roll call.

Councilor Colón Hayes. Yes. Councilor Condon. Yes. Councilor Crowe. Linehan. That order has been adopted unanimously. That has been adopted.

Congratulations.

Next order of business. Paper 324-26. Committee report. The standing committees on economic development and rules and ordinance serving in a joint session. to whom was referred paper 256 series of 2026. Having considered the same, make the following report. Under the authority of paper 256-26 to draft amendments to Title 12 of the Code of the City of Malden, the committee presents the newly written papers 325, 326, and 327 series of 2026 the products of said task to amend 12.28. 010E, non-confirming uses, lots, buildings, and structures to amend 12.32.060 definition zoning and to amend 12.12.030 use regulations. Committee recommends these papers out favorably. to the full council.

Okay. On a motion by Councilor Taylor, seconded by Councilor Winslow to receive the committee report. All in favor? Aye. Any opposed? The report is received.

The first paper is 325-26. Be it ordained by the Malden City Council that the Code of the City of Malden 12.28.010E, Nonconforming Uses, Lots, Buildings, and Structures is hereby amended as followed in the body of the paper.

Okay, Councilor Winslow.

So I just want to clarify, this was a report out to favorably refer this to planning, this is not necessarily an endorsement. of the committees of the papers themselves, but it's saying that they're ready to go to a joint planning rules and ordinance committee. So even if we wanted to do that, we couldn't. That's right, correct. We haven't had the hearing, Michelle, on these rights, so.

Well, I don't think the committee report said to approve them. You're referring them favorably, and then the next action would be to refer them.

Yeah, I just, I think the intent here is to, you know, I don't know. The intent was to put papers forth to hearing, and then that was the recommendation. We did not necessarily say that favorably, so I just want to make that clear. My understanding and what we had talked about in the committee was that this is, just for people's information, the mayor and the community development office submitted a series of proposals to the Joint Economic Development and Rules and Ordinance Committee to consider. And we had a series of meetings where we we sorted through those and some we decided to push, we sort of created a schedule and these ones related to uses and some definitions seemed the ones that were furthest along and that we could and so on.

There are parts of it like whether we need more community input and even input from our fellow councillors in terms of the final use table. There was the question about You know, actually, yeah, so all these, there were some questions about, you know, whether... to modify how non-conforming uses work when we've already banned that use. So the suggestion in committee was to you know adopt you know recommend language to go to the planning board for hearing and then I expect that when that comes back without whatever recommendations that would then go to the Rules and Ordinance Committee for further review. So I'm just trying to clarify that I didn't necessarily in my vote there to advance this to say that I favored the exact language of this. But what we want to do is make sure that we

have put together something that's broad that can be narrowed. So that's the process, is that this was not a determination of those committees to favor those one way or the other. They're just ready to go to hearing. So I just want to make that clear that the intent here is that we would refer those from the Council to the Planning Board and Rules and Orders Committee to have the hearing. And we're looking at late July. and then the papers will be, we will get the planning board recommendations and then that will probably come back in the first meeting in September. and we'll have time to then refer that to Rules and Ordinance and then finalize in any language based on those discussions. So I just want to make clear what the process is.

No, and I think that this is just the language is to be consistent. in a Roberts rules of order sense that where it's recommended favorably to move forward to a joint hearing, not necessarily to imply an endorsement of any final language. I think if it came out of committee, and so forth. If that makes sense. So, but I appreciate you explaining that.

I don't think any endorsements implied. We just had the data center paper. I was, that seemed to be, you know, no problem was supported the committee, but I I think there was more subtlety here. Given the fact that we want to move forward and we have to have a hearing before we can act on these, We want to move forward on these, but still, there's still some work to do on these. I just want to be clear about that. Okay, understood. Just creating expectations when these come back.

So they'll be going to the July... Planning Board, and then they'll come back to us in September.

Right, right. And that'll be like the Planning Board will have any recommendations. And we did, I do have to say that in committee and community development and planning, there were some revisions and updates to the use tables. And that's why we came back with a variety of papers Thank you. Thank you. The process will be from here. And I just, you know, when it comes back to the council in September, there's, you know, I expect it'll, you know, we'll...

Okay, I do want to go to some other councillors who have questions on this. Just want to clarify, so that's... Councillor O'Malley.

I just wanted to say thank you to whoever put the proposed ordinance where it shows the striking out and the additions. It makes it very easy to understand what we're talking about. So thank you. One of the questions I did have is just clarification. So this is not gonna affect residents A, B, and C. It's only residential office and all business. Business and Industrial Zones, correct? Based on my reading, that would be my first question. And then just functionally, is the change basically that if the same use is allowed or a use in the district so long as you get a special permit? And the only reason why I ask that is because the last sentence says, provided, however, that a structural change

our alteration that does not increase the size of the building shall not require a special permit. So if you could just clarify what the intent was and then what is the actual impact of what this change would be. I'm definitely in favor of moving it on to the Planning Board. I just would like to have better understanding.

These four papers are all sort of an outflow from the Mayor's and the Office of the Strategic and Planning and Community Development proposal to get focused on economic development so it's not residential focused. These are really just focusing on converting some things in industrial districts into going from some instances where things were by special permit to by right and expanding some uses and defining like medical center and doing that. So these are just really just doing some tweaks where the, Mayor's Office of Strategic Planning and Community Development think that these will help advance some more commercial development, which we all want. And then there was some question about

you know, we did vote as a council to an instance of storage units to prohibit that as a use, but there's a question then if you have an existing storage unit and you want to do some improvements, you know, can you do that or not? So we're trying to work, that's some of the language I think we might need to refine a little bit, but that's the intent. And the thought was we could wrestle with this in this committee for, three or four more meetings, it's better to go ahead with the hearing, get any further input, and then do the wrestling after the hearing type of thing. So, you know, that is the type of thing that it isn't really final until, you know, and the Rules and Ordinance Committee comes out. So that's really it.

Thank you for clarifying. Is this the storage unit paper? Or is that a different paper?

No, I mean the number four, I guess it's number three. Okay, yeah.

The use regulations of pre-existing non-conforming uses.

Yeah, so that is the one on the pre-existing. So that is the one that... Simonelli.

You clarified it. I'm all set. Okay. Thank you.

Thank you.

Great. So we need a motion to refer to joint hearing of planning and ordinance. Okay. Thank you, Councilor Colón Hayes. Seconded by Councilor Winslow. All in favor? Aye. Aye. Any opposed? Okay, that is referred. Next item.

Paper 326-26 be it ordained by the Malden City Council that the Code of the City of Malden 12.32.060 Definition Zoning is hereby amended by striking the definitions for medical center and licensed massage therapy salon in their entirety and inserting in the following.

Okay. Councilor Winslow.

Let's see here. Which papers were we looking at now?

This is the one with medical centers.

Yeah, so again, this is all part of that same package. So I would recommend this be referred to the Joint Planning and Rules and Ordinance Committee.

I think the planning board, if I may, the last one, was a good example of maybe why this is something we want to consider. We spent, I think, longer. with all due respect, Michelle, talking about one new massage business and we did the data center proposal. Yeah, so yeah. So this is in the same vein of trying to maybe streamline some of these.

Right.

So we'd be looking for a motion to refer to a joint public hearing of planning and ordinance. So moved. So moved by Councilor McDonald, second by Councilor Simonelli. All in favor? Aye. Aye. Any opposed? Okay.

Paper 327-26 be it ordained by the Malden City Council that the Code of the City of Malden 12.12.030 use regulations is hereby amends as followed.

Yeah, and so, again, this is actually the changes to the use table, so... Say we broke these up a little bit. So this would be in the zoning, the table that says you can either do this by a right or by special permit or site plan review. This is updating that, recommending updates and I say the recommendation was to refer these out to the planning board in the joint rules and ordinance meeting, so great.

Okay, any questions, Councilor O'Malley?

I would like to be added as a co-sponsor.

Okay. Okay. We have a motion to refer by Councilor Simonelli. Seconded by Councilor Winslow. All in favor? Aye. Any opposed? Okay, that is referred. Next order of business.

Paper 328-26. Order that the City Council vote whether to go into executive session with legal counsel for the city. For the purpose of Exemption 3, Massachusetts General Law, Chapter 30A, Section 21A3, for the purpose of discussing Borowski v. Malden Police Department et al., to discuss strategy with respect to litigation as discussion and open meeting would have a detrimental effect on the litigation position of the city. If so, declared by the chair. and if so allowed by the body to admit special assistant to the mayor, Maria Louise and the attorneys for the police officers, Joseph Podolsky and Kenneth Anderson.

Okay. Citing Exemption 3 of Mass General Law, Chapter 30A, Section 21A, wherein discussing paper 328-26 in open meeting would have a detrimental effect on the city's litigating position, do I have a motion to enter into executive session? So moved by Councillor Simonelli. Seconded by Councillor Luong. The Clerk will now call the roll.

Councillor Colón Hayes. Yes. Councillor Condon. Crowe, Lawong, McDonald, O'Malley, Sica, Simonelli, Taylor, Winslow, Council President Linehan.

Yes.

That order has been adopted unanimously.

Okay, so the council will now enter into executive session. The body will not reconvene for any further business this evening and we will adjourn directly from executive session.

Winslow.