Meeting Minutes: Malden City Council
Meeting Date: October 28, 2023 Governing Body: Malden City Council Type of Meeting: Regular Meeting Attendees: Council Colón Hayes, Council Condon, Council Crowe, Council McDonald, Council O'Malley, Council Sica, Council Simonelli, Council Spadafora, Council Taylor, Council Winslow, Council President Linehan. Absent: None
Executive Summary
The Malden City Council convened to address several key issues, including the annual determination of the residential tax factor and exemption, the preservation of a historically significant building, and amendments to city ordinances. A significant portion of the meeting was dedicated to a presentation and subsequent vote on setting the residential factor at 0.9054 and adopting a 35% residential exemption, a measure aimed at shifting the tax burden and providing relief to owner-occupied properties. The Council also discussed the preservation of the M. Ida Converse Building at 15 Ferry Street and approved amendments to the city's code regarding the sale of goods by weight, measure, or volume, and the procedure for selling tax title property. A mayoral appointment to the Board of Registrars of Voters was unanimously confirmed. The Council also deliberated on a proposed amendment to the Department Head Salary Schedule, ultimately approving a change for Fiscal Year 2026 only, reflecting ongoing financial considerations.
Agenda Items
I. Call to Order & Land Acknowledgment
- The meeting was called to order.
- A land acknowledgment was read, honoring the Massachusetts, Pawtucket, and Pennacook peoples.
II. Roll Call
- Roll call was conducted by the Clerk.
- UMA Urban Media Arts was noted to be recording the meeting.
III. Public Comment
- No individuals signed up for public comment.
- No email comments were received.
IV. Consent Agenda
- Items:
- Meeting minutes to be approved.
- One appointment to be referred to personnel.
- Three appointments to be placed on file.
- Eleven petitions to be referred to the License Committee.
- Discussion: No items were removed from the consent agenda for further discussion.
- Motion: Councilor Sica moved to approve the consent agenda, seconded by Councilor Simonelli.
- Vote: All in favor.
- Outcome: Approved.
V. Presentation: Residential Factor and Exemption
- Presenter: Nate, City Assessor.
- Key Discussion Points:
- Presentation on the Minimum Residential Factor (MRF) options and the impact of a 30% residential exemption.
- The residential exemption increases the residential tax rate.
- With an MRF of one, a single tax rate would be 12%.
- Discussion on the benefits of residential exemption for owner-occupied properties, noting that the benefit diminishes for higher-value properties due to increased tax rates.
- Comparison with other communities, particularly Chelsea, regarding commercial and industrial property tax bases and their impact on residential tax rates.
- Councilor Spadafora highlighted the need to shift the tax burden to commercial spaces and expressed support for a 35% exemption.
- Councilor Spadafora also noted the challenge of reclassifying large apartment buildings as commercial, as it could significantly reduce the average residential property value and push more people above the median.
- The idea of a surtax on top of the existing tax, similar to the CPA tax, was suggested as an alternative to reclassification.
VI. Public Hearing: Residential Exemption and/or Residential Factor
- In Favor: No speakers came forward.
- In Opposition: No speakers came forward.
- Outcome: Hearing declared closed.
VII. Vote: Residential Factor and Exemption
- Motion: Councilor O'Malley moved to set the residential factor at 0.9054 and adopt a residential exemption of 35%, seconded by Councilor Sica.
- Discussion:
- Councilor McDonald clarified that this is a tax shift, not a tax cut, and is budget-neutral.
- Councilor McDonald emphasized that the residential exemption helps lower-value, owner-occupied homes.
- Discussion on the impact on renters, with Councilor McDonald stating that rental rates are primarily market-driven and a direct one-for-one pass-on of tax differences is unlikely.
- Councilor McDonald stressed that this vote is independent of any potential override vote, though it may soften the impact of a future override for some residents.
- Councilor Spadafora reiterated support for the shift to benefit owner-occupied properties, acknowledging that it would raise everyone's tax bill but provide relief to a certain segment.
- Councilor Winslow supported the measure, particularly for lower-end homeowners.
- Councilor Taylor, speaking as a renter and former homeowner/landlord, supported the measure as a pathway to more homeownership and a means to hold absentee landlords accountable. She also noted that owner-occupant landlords are eligible for the exemption.
- Roll Call Vote:
- Council Colón Hayes: Yes
- Council Condon: Yes
- Council Crowe: Yes
- Council McDonald: Yes
- Council O'Malley: Yes
- Council Sica: Yes
- Council Simonelli: Yes
- Council Spadafora: Yes
- Council Taylor: Yes
- Council Winslow: Yes
- Council President Linehan: Yes
- Outcome: Passes unanimously (11-0).
VIII. Paper 399-25: Communication, Malden Historical Commission, regarding 15 Ferry Street, the M. Ida Converse Building
- Motion: Councilor Crowe moved to receive the communication, seconded by Councilor Taylor.
- Vote: All in favor.
- Outcome: Approved.
- Clerk Read Letter: The Clerk read a letter from the Malden Historical Commission regarding the unresolved status of the preservation of 15 Ferry Street, the M. Ida Converse Building, Malden Industrial Aid Association Building.
- The building is one of three remaining Converse buildings and holds significant historical importance.
- The commission determined in June 2019 that the building is "preferably preserved."
- An imminent demolition threat requires immediate attention.
- The property owner's attorney, Roberto DeMarco, indicated that the owner is under time constraints but remains open to a resolution to save the building.
- The commission recommends relocation to Malden High School, preservation at its current location, or incorporation into a new design.
- The commission will submit a formal recommendation to the City Council when a special permit application for new development is filed.
IX. Paper 294-25: Amendment to Code of the City of Malden 6.12.0602 Sale of Goods by Weight, Measure, or Volume
- Discussion: Councilor Winslow explained that Building Inspector Miller reviewed weights and measure fees and made recommendations. The paper was enrolled last week and now requires ordination. Councilor O'Malley thanked Building Commissioner Miller and Ordinance Chair Winslow for their work, noting that the new fees support the increase.
- Motion: Councilor Winslow moved to ordain the paper, seconded by Councilor Crowe.
- Vote: All in favor.
- Outcome: Carries.
X. Paper 400-25: Committee Report, Rules and Ordinance
- Motion: Councilor Winslow moved to accept the committee report, seconded by Councilor Crowe.
- Vote: All in favor.
- Outcome: Approved.
XI. Paper 275-25: Amendment to Code of the City of Malden 1.04.070 Procedure for Selling Tax Title Property
- Discussion: Councilor Winslow explained that this paper addresses a Supreme Court ruling affecting how communities process tax title properties. The new procedure ensures that any excess funds above the owed taxes are returned to former owners, with a process for claiming unclaimed funds. Treasurer Grover developed the ordinance, and legal counsel reviewed it. Councilor O'Malley supported the process, emphasizing the importance of due diligence when taking and selling property.
- Motion: Councilor Winslow moved to enroll the paper, seconded by Councilor Colón Hayes.
- Vote: All in favor.
- Outcome: Carries.
XII. Paper 361-25: Amendment to Code of the City of Malden 2.24.015 Department Head Salary Schedule
- Discussion:
- Councilor Winslow explained that the committee amended the paper to change the salary schedule for Fiscal Year 2026 only, due to uncertainty about future fiscal years and the city's financial situation. The current year's increase is already encumbered.
- Councilor O'Malley expressed discomfort with increasing department head salaries without more clarity on the financial outlook, particularly with potential job losses. She stated she could not support the measure.
- Councilor Colón Hayes echoed concerns about salary increases amidst potential job cuts and suggested waiting for more finance meetings.
- Councilor McDonald supported the amendment, clarifying that it addresses a cost of living adjustment for the current fiscal year, which was delayed due to negotiations. She emphasized that this is a reasonable step and sets a precedent for future negotiations, where one-year contracts are being pursued.
- Councilor Simonelli questioned the Council's ability to intervene in ratified contracts but understood the focus on the current fiscal year's budgeted funds.
- Maria Louise, Special Assistant to the Mayor, clarified that future negotiations with unions (DPW and Patrol) are already being conducted with a one-year contract approach.
- Motion to Amend: Councilor Winslow moved to amend the paper to limit the salary schedule change to Fiscal Year 2026, seconded by Councilor McDonald.
- Roll Call Vote on Amendment:
- Council Colón Hayes: No
- Council Condon: No
- Council Crowe: Yes
- Council McDonald: Yes
- Council O'Malley: No
- Council Sica: Yes
- Council Simonelli: No
- Council Spadafora: Yes
- Council Taylor: Yes
- Council Winslow: Yes
- Council President Linehan: Yes
- Outcome: The amendment passes (7-4).
- Motion to Enroll as Amended: Councilor Winslow moved to enroll the paper as amended, seconded by Councilor Sica.
- Roll Call Vote on Enrollment:
- Council Colón Hayes: No
- Council Condon: No
- Council Crowe: Yes
- Council McDonald: Yes
- Council O'Malley: No
- Council Sica: Yes
- Council Simonelli: No
- Council Spadafora: Yes
- Council Taylor: Yes
- Council Winslow: Yes
- Council President Linehan: Yes
- Outcome: The paper as amended passes (7-4).
XIII. Paper 401-25: Committee Report, License Committee
- Motion: Councilor Sica moved to receive the committee report, seconded by Councilor Simonelli.
- Vote: All in favor.
- Outcome: Approved.
- Petitions Read by Clerk:
- Paper 349-25: Petition, Extended Hours, Burger King, 922-61 Broadway, Malden, seven days a week, 24 hours a day (new).
- Paper 357-25: Petition, Class Two, Sega Auto Sales and Service, 455 Ferry Street, seven cars (new).
- Paper 358-25: Petition, Lodging House, Metro North Housing Corp., 22 Charles Street, 11 Rooms (renewal).
- Paper 359-25: Petition, Lodging House, Cedar House, LLC, 116-118 Cedar Street, 14 Rooms (renewal).
- Paper 360-25: Petition, Lodging House, Metro North Housing Corp., 115 Washington Street, 14 Rooms (renewal).
- Paper 371-25: Petition, Class Two, Andy Service Center, Incorporated, 356 Lebanon Street, 3 cars (renewal).
- Paper 372-25: Petition, Class Two, Auto Tech 2, Incorporated, 1236 Eastern Avenue, 5 Cars (renewal).
- Paper 373-25: Petition, Class Two, Sega Auto Sales and Service, Incorporated, 451 Ferry Street, 10 Cars (renewal).
- Recusal: Councilor Colón Hayes recused herself from voting on petitions related to Metro North Housing Corp. due to her board membership.
- Discussion: Councilor Sica reported that the License Committee met and recommended all petitions favorably. The only new petition was for Burger King's extended hours (24/7), similar to a previous approval for McDonald's.
- Motion: Councilor Sica moved to grant all petitions, seconded by Councilor Simonelli.
- Vote: All in favor.
- Outcome: Carries.
XIV. Paper 402-25: Committee Report, Personnel and Appointments
- Motion: Councilor Crowe moved to receive the committee report, seconded by Councilor Taylor.
- Vote: All in favor.
- Outcome: Approved.
XV. Paper 369-25: Mayoral Appointment, David Camel to Board of Registrars of Voters
- Appointment: David Camel, 35 William Street, Malden, as a member of the Board of Registrars of Voters, filling the unexpired term of Jess Sherman, expiring March 31, 2028.
- Discussion: Councilor Crowe reported a positive conversation with Mr. Camel, who reiterated his commitment to fair and equitable elections, including advancements in multilingual poll workers.
- Motion: Councilor Crowe moved to approve the appointment, seconded by Councilor Winslow.
- Roll Call Vote:
- Council Colón Hayes: Yes
- Council Condon: Yes
- Council Crowe: Yes
- Council McDonald: Yes
- Council O'Malley: Yes
- Council Sica: Yes
- Council Simonelli: Yes
- Council Spadafora: Yes
- Council Taylor: Yes
- Council Winslow: Yes
- Council President Linehan: Yes
- Outcome: Unanimously confirmed (11-0).
XVI. Paper 403-25: Order to Enter Executive Session
- Purpose: To discuss strategy as to possible future litigation related to grants, under Massachusetts General Law Chapter 30A, Section 21A3, where discussion in open meeting may have a detrimental effect on the litigation position of the city.
- Attendees for Executive Session: Maria Louise, Special Assistant to the Mayor, and Alex Pratt, Director of the Office of Strategic Planning and Community Development.
- Motion: Councilor Sica moved to enter executive session, seconded by Councilor McDonald.
- Roll Call Vote:
- Council Colón Hayes: Yes
- Council Condon: Yes
- Council Crowe: Yes
- Council McDonald: Yes
- Council O'Malley: No
- Council Sica: Yes
- Council Simonelli: Yes
- Council Spadafora: Yes
- Council Taylor: Yes
- Council Winslow: Yes
- Council President Linehan: Yes
- Outcome: Passes (10-1).
XVII. Personal Privilege
- Councilor Winslow:
- Thanked the Maplewood Association, volunteers, and Malden High students for the successful Maplewood Halloween event at Salemwood School.
- Reminded residents about election day on November 4th and the deadline for mail-in ballots (8 p.m. on election night at City Hall).
- Extended regards to veterans and inquired about Veterans Day activities.
- Councilor O'Malley:
- Informed the community about the upcoming pause in SNAP benefits due to the government shutdown.
- Provided resources for food assistance: 211, Project Bread, Greater Boston Food Bank, Meals on Wheels (for seniors), and the Department of Transitional Assistance website.
- Thanked the community for their support during the election season.
- Councilor Sica:
- Announced the second annual Pumpkin Smash with Councilor Spadafora on Saturday, 12-2 p.m., at Linden Steam Academy parking lot.
- Councilor McDonald:
- Highlighted local organizations (Housing Families, Bread of Life) conducting food drives and fundraising in response to SNAP benefit expiration.
- Sent prayers to those affected by Hurricane Melissa in the Caribbean.
- Announced that the Climate Action and Sustainability Commission's one-year update letter will be forwarded to the Council.
- Announced a community forum on the Proposition 2 1/2 override proposal, scheduled for the evening of Wednesday, November 19th, likely at the Senior Center.
- Councilor Colón Hayes:
- Gave a shout-out to Salemwood Trunk or Treat.
- Thanked John Sayah and the Disabled American Veterans Association for a successful health fair.
- Mentioned resources like ABCD Boston for fuel assistance and committed to sharing resources on her Facebook page.
- Councilor Crowe:
- Thanked participants and organizations for the successful Trunk or Treat on the bike path.
- Announced the Veterans Day celebration at 11 a.m. at Bell Rock Memorial Park, including the dedication of a bench to Malcolm Bennett.
- Councilor Spadafora:
- Thanked Councilor Crowe and Councilor Sica for the Trunk or Treat event.
- Announced plans with Maria Louise to raise turkeys for the Bread of Life Thanksgiving dinner on November 27th (12-2 p.m. at Malden High School), seeking drivers and donations.
- Wished his son, Mariano, a happy 18th birthday.
Adjournment
- The Council entered executive session and planned to adjourn directly from executive session without reconvening for further business.