THE MALDEN ADVOCATE–Friday, February 6, 2026 Page 5 PAY | FROM PAGE 1 the possibility of the plaintiff requesting additional attorneys’ fees. Without the finalization of the settlement agreement, there was also the possibility of a new civil trial and the potential liability of the City of Malden of still more attorneys’ fees. Rumley explained that the settlement was tentative, not final, as had been inferred by two City Councillors, and that there was a February 10 deadline to finalize it, with payment. “If we cut it too close, the other side [plaintiff’s attorneys] are ready to proceed [to retrial] and can ask for more attorneys’ fees,” Special Counsel Rumley said. After a lengthy discussion, which touched on the actual tenets of the case and then challenges by two Councillors on where the funds to pay the settlement were coming from, two votes were taken by the City Council. The first vote, on a motion by Ward 6 Councillor Stephen Winslow, approved suspension of Council docket rules, so that the appropriation could get a vote for possible action at that night’s Council meeting, without being referred to the Finance Committee for further review. The motion to suspend docket rules passed on a 8-2 vote, with Councillors Peg Crowe (Ward 1), Paul Condon (Ward 2), Ari Taylor (Ward 5), Winslow (Ward 6), Chris Simonelli (Ward 7). Michelle Luong (at-Large), Carey McDonald (at-Large) and Council President Amanda Linehan (Ward 3) voting in favor. Voting in opposition were Councillors Ryan O’Malley (Ward 4) and Karen Colón Hayes (at-Large). Councillor McDonald was present virtually at the meeting. Councillor Jadeane Sica (Ward 8) was not present at this meeting. A second motion, with docket rules officially suspended, offered by Ward 7 Councillor Simonelli, approved the appropriation of the $300,000 from the Water and Sewer Enterprise Fund to pay for the settlement. That vote was 8-2 in favor of the appropriation and went as follows: Councillors Peg Crowe (Ward 1), Paul Condon (Ward 2), Ari Taylor (Ward 5), Winslow (Ward 6), Chris Simonelli (Ward 7), Michelle Luong (at-Large), Carey McDonald (at-Large) and Council President Amanda Linehan (Ward 3) voted in favor. Voting in opposition were Councillors Ryan O’Malley (Ward 4) and Karen Colón Hayes (at-Large). Councillor McDonald was present virtually. Councillor Jadeane Sica (Ward 8) was not present. Before the vote, Councillor Colón Hayes questioned the appropriateness of the fund from where the payment would be drawn, as did Councillor O’Malley, who requested the Council to pursue a ruling from a state agency before a vote was takALL DEPOSITS ARE INSURED IN FULL. Grab this rate before it’s gone! LOCK-IN TODAY: 4.00% APY*24-Month CD *Annual Percentage Yield (APY) is accurate as of the date posted and is subject to change without notice. APY assumes the interest remains on deposit until maturity. A penalty may be imposed for early withdrawal. Offer may be withdrawn at any time. A minimum of $500 is required to open a Certificate of Deposit and earn the advertised APY. 419 BROADWAY EVERETT, MA 02149 771 SALEM ST. LYNNFIELD, MA 01940 617-387-1110 781-776-4444 331 MONTVALE AVE. WOBURN, MA 01801 781-281-9092 EVERETTBANK.COM MEMBER FDIC | MEMBER DIF en, to ensure the legality of such an expenditure. City Controller Chuck Ranaghan appeared at the meeting and explained that the $300,000 would come from an overall fund of approximately $960,000 “of unappropriated [revenue]” from water and sewer payments from residents. “I have a hard time voting for this. Why did we not use free cash? What if down the road we have [a need]? Will we have less funding for lead pipe replacement?” Councillor Colón Hayes asked. According to an online source, municipal “Free Cash” is a certified, unrestricted and nonrecurring revenue source in Massachusetts, representing a municipality’s remaining funds from the previous fiscal year. Ranaghan said, “No way would this appropriation take away from any planned [or unexpected] work [with water and sewer] projects.” On questioning from Councillor O’Malley at the meeting, Malden City Solicitor Alicia McNeil said she “had done my own research” on the appropriateness of using water sewer funding for the settlement, including consulting Ranaghan. Ranaghan reappeared at the Council audience podium and elaborated, restating that since the initial lawsuit was regarding alleged nonpayment for Tufts Construction work on City of Malden lead pipe replacement jobs, then it was wholly appropriate for the settlement funds to be drawn from the water sewer account. “It would be maintaining the identity of the purpose,” City Controller Ranaghan said. Councillor O’Malley took issue with Solicitor McNeil’s remarks. “So, [McNeil] asked a non-attorney [Ranaghan] about a legal matter. It is totally inappropriate when the City Council is seeking legal advice. That is not a real legal opinion,” Councillor O’Malley said. “That opinion is not based on law,” Councillor O’Malley added, regarding the use of the water PAY | SEE PAGE 9 8 Norwood St. Everett (617) 387-9810 Open Tues. - Sat. at 4:00 PM Closed Sun. & Mon. Announcing our Classic Specials Dine In Only: * FREE Salad with purchase of Entree, Tuesdays & Wednesdays * Cheese Pizza - Only $10 Catch ALL The Live Sports Action On Our Large Screen TV’s Scan & Follow Us on Facebook! www.810bargrille.com
6 Publizr Home