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City Council

June 3, 2025 ·7:00 PM Final ·Watch the meeting with Teams: https://tinyurl.com/2ssfkff5

City Council Chambers 215 Pleasant Street Malden, MA 02148

Agenda — 65 items

  1. 1. CALL TO ORDER
  2. 2. PLEDGE OF ALLEGIANCE & MOMENT OF SILENCE IN HONOR OF SERVICE MEMBERS
  3. 3. ROLL CALL
  4. 4. PUBLIC COMMENT
  5. 5. CONSENT AGENDA
  6. 6 Minutes for the meeting of May 20, 2025 269-25 approved Pass
  7. 6 Approval of the Consent Agenda approved on the Consent Agenda Pass
  8. 7 Petition: Extended Hours: McDonald’s, 114 Broadway, Malden, Hours: 7 days, 24 hours (New) 270-25 referred Pass
  9. 8 Mayoral Appointment: Daniel L. Grover, III, 22A Wigglesworth Street, Malden, as the Tax Title Custodian for the City of Malden (Confirmation not required) 271-25 placed on file Pass
  10. 9 Communication: Per the requirements of MCC 2.04.030 the Board of Registrars of Voters respectfully submits their board approved 2024 Annual Report. 272-25 received and filed Pass
  11. 6. HEARINGS, PETITIONS, MEMORIALS, AND REMONSTRANCES
  12. 11 Council will hold a public hearing on National Grid petition to construct a line of underground conduits
  13. 12 Petition: Massachusetts Electric Company dba National Grid Plan No. 30926772 - National Grid to install 2-5” conduits through the intersection of Pearl and Medford Street starting at manhole 605 and continuing approximately 150 feet to pole 355, Malden, MA. (Hearing Required) 273-25 tabled Pass
  14. 13 Council will hold a public hearing for the purpose of receiving public comment regarding the proposed Fiscal Year 2026 Budget.
  15. 14 Order: The Mayor will submit the Fiscal Year 2026 Annual Appropriation Orders for the General Fund, Water Sewer Enterprise Fund, Community Preservation Fund, and Cable Access Fund. 236-25
  16. 7. MOTIONS, ORDERS, AND RESOLUTIONS
  17. 16 Order: The Council will vote on whether to sell or retain the property known as 26 Central Avenue, and by City Assessor’s parcel identification number 187 577 702, as in accordance with tax title litigation and foreclosure action with the Massachusetts Land Court, Case Number 22 TL 000346. 274-25
  18. 17 Be it ordained by the Malden City Council that the Code of the City of Malden (MCC) 1.04.070 PROCEDURE FOR SELLING TAX TITLE PROPERTY is hereby amended by striking it in its entirety and inserting the following: 275-25 referred Pass
  19. 17 Order: The Council will vote on whether to sell or retain the property known as 26 Central Avenue, and by City Assessor’s parcel identification number 187 577 702, as in accordance with tax title litigation and foreclosure action with the Massachusetts Land Court, Case Number 22 TL 000346. 274-25 adopted Pass
  20. 18 Be it ordained by the Malden City Council that the Code of the City of Malden (MCC) 9.16 RENTAL UNITS; INSPECTION REQUIRED is hereby amended as is outlined in the body of attached paper. 276-25 referred Pass
  21. 19 Be it ordained by the Malden City Council that the Code of the City of Malden (MCC) 9.24.010 REGULATION OF LEAD PIPES IN RESIDENTIAL HOUSING is hereby amended by: 277-25 referred Pass
  22. 20 Be it ordained by the Malden City Council that the Code of the City of Malden (MCC) 12.12 USE REGULATIONS is hereby amended to add 12.32.030.E CERTIFICATE OF REGISTRATION FOR SHORT TERM RENTALS 278-25 tabled Pass
  23. 21 Resolve: That it is the sense of the Malden City Council that the outstanding works being done by the Malden Public Library Staff, led by Director Dora St. Martin should be publicly recognized and appreciated. The creative ways the Library Staff and Board of Trustees have found to keep the library a relevant part of Malden’s daily culture and ongoing history in this technological age is to be applauded. Be it further resolved that the Malden City Council will support the Malden Public Library, its staff, and the Board of Trustees by committing to open, transparent, community-based dialogues in addressing any concerns the City Council as a whole, or any individual member, does currently or may have in the future. 279-25 passed Pass
  24. 22 Order: That the City Solicitor will withdraw the case filed in Superior Court on May 22, 2025 against the Trustees of the Malden Public Library, case number 2581CV01275, and be it further ordered Ryan O’Malley be prohibited from using his position as President and/or Ward Councillor to use City resources for personal claims. 280-25 amended Pass
  25. 23 Order: That the City Solicitor and the staff of the City Solicitor’s Office immediately cease and desist from representing Ryan O’Malley in the case filed in Superior Court on May 22, 2025 against the Trustees of the Malden Public Library, case number 2581CV01275. The City Solicitor and the staff of the City Solicitor’s Office are prohibited from filing any future litigation on behalf of the Malden City Council without first obtaining authorization to do so by an affirmative vote of the City Council. 281-25 placed on file Pass
  26. 24 Order: That no City resources are utilized for the purpose of supporting or reimbursing legal fees or court expenses incurred by Ryan O’Malley, whether in his official or personal capacity, in the case filed in Superior Court on May 22, 2025 against the Trustees of the Malden Public Library, case number 2581CV01275. 282-25 placed on file Pass
  27. 24 Order: That the City Solicitor will withdraw the case filed in Superior Court on May 22, 2025 against the Trustees of the Malden Public Library, case number 2581CV01275, and be it further ordered Ryan O’Malley be prohibited from using his position as President and/or Ward Councillor to use City resources for personal claims. 280-25 adopted as amended Pass
  28. 25 Order: That members of the Malden City Council be prohibited from initiating litigation in their official capacity, on behalf of the City Council, or as a representative of the City Council, without first obtaining authorization to do so by an affirmative vote of the City Council. 283-25 adopted Pass
  29. 8. ENROLLED ORDINANCES
  30. 27 Be it ordained by the Malden City Council that the Code of the City of Malden (MCC) 12.12.030 USE REGULATIONS is hereby amended as follows to update existing Table of Use Regulations to correspond with recent Site Plan Review regulations for Day Care Centers, Non-Profit Educational Facilities, and Religious Facilities as ordained in Paper 356 Series of 2024. 185-25 ordained Pass
  31. 28 Be it ordained by the Malden City Council that Title 12 of the Code of the City of Malden (MCC) is hereby amended to eliminate the development cap in the MBTA Communities Multifamily Overlay subdistrict MCMOD-MD 1 and eliminate the effective date of final approval by the state of our District Compliance Application per the determination issued by the Executive Office of Housing and Livable Communities. 171-25 ordained Pass
  32. 9. OLD BUSINESS
  33. 30 Communication: The Council will move to ratify the 9-0 unanimous roll call vote taken during the meeting of May 20, 2025 on Papers 255 and 256 Series of 2025 regarding tax title litigation and foreclosure action on properties 42 Crescent Avenue and 40-42 Wentworth Street, respectfully. 284-25 received and filed Pass
  34. 31 Order: The Council will vote on whether to sell or retain the property known as 42 Crescent Avenue, and by City Assessor’s parcel identification number 072 824 410, as in accordance with tax title litigation and foreclosure action with the Massachusetts Land Court, Case Number 24 TL 000383. 255-25 adopted Pass
  35. 32 Order: The Council will vote on whether to sell or retain the property known as 40 - 42 Wentworth Street, and by City Assessor’s parcel identification number 029 145 518, as in accordance with tax title litigation and foreclosure action with the Massachusetts Land Court, Case Number 22 TL 000343. 256-25 adopted Pass
  36. 10. COMMUNICATIONS
  37. 34 Communication from Planning Board re: CCP #186/2025 (Usable Open Space Requirements, General Off-street Parking Requirements) 285-25 received and filed Pass
  38. 35 Be it ordained by the Malden City Council that the Code of the City of Malden (MCC) Title 12 ZONING is hereby amended as follows to be considered in conjunction with Paper 153 Series of 2025 to clarify and update existing Usable Open Space Requirements and Regulations regarding paving of yard areas of residential properties. 186-25 enrolled Pass
  39. 36 Communication from Planning Board re: CCP #153/2025 (Offsite Off-street Parking Lots, General Off-street Parking Requirements) 286-25 received and filed Pass
  40. 37 Be it ordained by the Malden City Council that the Code of the City of Malden (MCC) Title 12, Chapter 12, Section 090, Subsection B. OFFSITE OFF-STREET PARKING LOTS and Title 12, Chapter 20, Section 020, Subsection I. GENERAL OFF-STREET PARKING REQUIREMENTS is hereby amended as follows: 153-25 enrolled Pass
  41. 38 Communication: The Board of Registrars of Voters respectfully submits to the City Council the Board’s recommendation for papers necessary to the upcoming 2025 Municipal Election cycle, numbered as 263, 264, 265, and 266 Series of 2025. 267-25 received and filed Pass
  42. 39 Order: That the Mayor and City Council hereby fix the dates and hours for the 2025 Municipal Election calendar. 263-25 adopted Pass
  43. 40 Order: That the City Council designate the following locations as polling places for the entirety of the 2025 election cycle. 264-25 adopted Pass
  44. 41 Order: That the City detail a minimum of one officer for each polling building, to be determined by the City Clerk and Police Chief. 265-25 adopted Pass
  45. 42 Order: That the City Council opt the City of Malden into in-person Early Voting for the 2025 Municipal Election cycle, and to designate the City Clerk’s Office, 215 Pleasant Street, Room 220 as the central early voting polling location during the dates and times to be determined as voted on by the Board of Registrars of Voters, which are as follows: 266-25 adopted Pass
  46. 11. COMMITTEE REPORTS
  47. 44 Committee Report: The Standing Committee on License to whom was referred Papers 241 through 247 Series of 2025, having considered the same make the following report: Committee recommends these petitions out favorably to the Full Council. 287-25 received and filed Pass
  48. 45 Petition: Class III: Malden Broadway Auto Body, Inc. 590 Broadway, Malden (Renewal) 241-25 granted Pass
  49. 46 Petition: Livery Company: Joey Pierre-Louis, 4 Stone Lane Apt. 5345, Malden, 1 vehicle (New) 242-25 granted Pass
  50. 47 Petition: Livery Driver: Joey Pierre-Louis, 4 Stone Lane Apt. 5345, Malden (New) 243-25 granted Pass
  51. 48 Petition: Livery Company: Pabla Transport LLC, 26 Blaine Street, Malden, 1 vehicle (Renewal) 244-25 granted Pass
  52. 49 Petition: Livery Driver: Jaspreet Singh, 26 Blaine Street, Malden, 1 vehicle (Renewal) 245-25 granted Pass
  53. 50 Petition: Pool Table: Biao Ge Pool Hall, 77 Exchange Street, Malden, 7 tables (Renewal) 246-25 granted Pass
  54. 51 Petition: Self-Service Gas Station: Snap Mart, Inc. 245 Main Street, Malden (Renewal) 247-25 granted Pass
  55. 12. EXECUTIVE SESSION
  56. 53 Order: That the City Council will vote to go into Executive Session with Alicia A. McNeil, City Solicitor regarding the matter of O’Malley, as President of the Malden City Council v. Trustees of the Malden Public Library, et al., Docket # 2581CV01275 for the purposes of Exemption Three Massachusetts General Laws Chapter 30A Section 21(a)(3) to discuss strategy with respect to litigation, where such discussion in open meeting may 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 Maria Luise, Special Assistant to the Mayor. (Roll Call Required) 288-25 adopted Fail
  57. 13. TABLED PAPERS
  58. 55 Resolve: That it is the sense of the City Council that the Body would like the Community Preservation Committee to reconsider the application for historic preservation of 15 Ferry Street, the M. Ida Converse Building, (known by City Assessor’s Parcel ID 075 272 211) in a modified form so as to preserve the building through an alternative location for the building. 99-24
  59. 56 Petition: Massachusetts Electric Company dba National Grid and Verizon New England, Inc. Plan No. 30932051 - National Grid to install 1 JO Pole on Eastern Ave. Pole 1944-50 on Eastern Ave in public way approximately 52’ east of pole 1944. (Hearing Required) 78-25
  60. 57 Be it ordained by the Malden City Council that the Code of the City of Malden (MCC) 12.08.040 FLOODPLAINS, 12.12.110 FLOODPLAIN DISTRICTS, 12.32.060 DEFINITIONS - ZONING are hereby amended to include new regulations, as required by FEMA, so that referenced areas will remain eligible for FEMA sponsored flood insurance programs. 172-25 taken from the table Pass
  61. 14. PERSONAL PRIVILEGE
  62. 15. ADJOURNMENT adjourned Pass
  63. 60 CAROL ANN DESIDERIO, CITY CLERK
  64. Be it ordained by the Malden City Council that the Code of the City of Malden (MCC) 12.08.040 FLOODPLAINS, 12.12.110 FLOODPLAIN DISTRICTS, 12.32.060 DEFINITIONS - ZONING are hereby amended to include new regulations, as required by FEMA, so that referenced areas will remain eligible for FEMA sponsored flood insurance programs. 172-25 enrolled Pass
  65. 61 If you would like to request a reasonable accommodation, please contact Maria Luise, ADA Compliance Coordinator at mluise@cityofmalden.org or 781-397-7000 Ext. 2005 For instructions on enabling live translated captions in Teams, please visit: www.cityofmalden.org/captions