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Tails
Administrator



2682 Posts

Posted - 11/10/2010 :  4:29:43 PM  Show Profile Send Tails a Private Message  Reply with Quote
Absolutely. IMHO, It's up to the bankruptcy judge with no guarantees. I also believe if someone buys the property, the city should do it's due diligence to have them pay their fair share. That is something that can be negotiated. I’m not blaming anyone, but I'd like to know just how many tax increment financing (TIF) are on the books, and for what companies.

Chapter 11 Bankruptcy Reorganization Under the Bankruptcy Code

Chapter 11 bankruptcy is primarily used by larger businesses to protect them from creditors while attempting to pay off their debts. Chapter 11 also has the "automatic stay" feature that stops all IRS collection efforts. The petitioner has up to 6 years to pay back the IRS in full, but interest continues to accrue.

I have not been able to find a determination on real estate/property tax, which leads me to believe that a judge would have the final decision, based on the circumstance.

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massdee
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5299 Posts

Posted - 11/10/2010 :  5:09:53 PM  Show Profile Send massdee a Private Message  Reply with Quote
I wonder if any of our elected officials know where this stands? If you are right we (the city) could end up in some really deep crap.
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tetris
Moderator



2040 Posts

Posted - 11/10/2010 :  10:23:18 PM  Show Profile Send tetris a Private Message  Reply with Quote
Bankruptcy can not excuse any taxes from having to be paid. If they are behind on paying any property taxes, the city can place a lien on the property and that would have to be resolved before the property could be transfered to anyone else. Since it appears that there is at least one buyer waiting in the wings, I wouldn't be overly concerned about their property taxes getting paid. I think that the focus needs to remain on how the $2.9 million will be made up. Unfortunately, I think that we all know what the likely resolution of that will be.
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massdee
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5299 Posts

Posted - 11/11/2010 :  07:41:34 AM  Show Profile Send massdee a Private Message  Reply with Quote
If $2.9 Million is shifted to the rest of us, I wonder what the increase would be. Will it be less than the prop. 2.5 amount? The city will have to make up the increase in it's budget plus the $2.9. I hope they get inventive.
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tetris
Moderator



2040 Posts

Posted - 11/11/2010 :  11:46:22 AM  Show Profile Send tetris a Private Message  Reply with Quote
Prop 2 1/2 applies to how much the tax levy limit can go up, not to how much your tax bill can go up. The $2.9 million is within the levy limit; it just a question of who pays for it if the city budget isn't cut or new "revenue" isn't found. The Administration's answer, if you read the papers this week, seems to be new growth. Unfortunately, that's not a short term fix. And they may get it past the Common Council but I think that the BOA would shoot down raiding the Stabilization Fund to fix what is a structural imbalance in the budget.
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just wondering
Senior Member



387 Posts

Posted - 11/11/2010 :  11:52:19 AM  Show Profile Send just wondering a Private Message  Reply with Quote
Tetris, can you elaborate on the 'structural imbalance in the budget'?
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tetris
Moderator



2040 Posts

Posted - 11/11/2010 :  12:16:15 PM  Show Profile Send tetris a Private Message  Reply with Quote
The city is spending more money than it can afford to. It's that simple.
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just wondering
Senior Member



387 Posts

Posted - 11/11/2010 :  12:25:29 PM  Show Profile Send just wondering a Private Message  Reply with Quote
Whats the best way to fix that?
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tetris
Moderator



2040 Posts

Posted - 11/11/2010 :  12:48:49 PM  Show Profile Send tetris a Private Message  Reply with Quote
I wish I knew. Spending has to be cut; but then, services will suffer. And job cuts mean unemployment expenses. Infrastructure needs to be improved to attract new growth but how much do you invest now to get to an uncertain future? It becomes a vicious circle. Unfortunately, there's really doesn't seem to be good answer at this point in time.
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just wondering
Senior Member



387 Posts

Posted - 11/11/2010 :  1:02:06 PM  Show Profile Send just wondering a Private Message  Reply with Quote
I agree tetris, it's definitely not as simple as 'cut the budget'.
To your point about infrastructure....attracting new growth isn't the only reason to make the investment.
Infrastructure improvements are necessary to support the needs of existing business/residential taxpayers.
Infrastructure improvements are also necessary to continue keeping children safe as they walk to and from school.



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tetris
Moderator



2040 Posts

Posted - 11/11/2010 :  2:36:14 PM  Show Profile Send tetris a Private Message  Reply with Quote
I don't disagree that most infrastructure improvements are necessary even without new growth and have long been neglected in this city for whatever reasons. I was just using (poorly, I may add) investment in certain infrastructure to support new growth as an example of
a tough choice in these economic times. For example, fortunately the city now has a grant to do over Air Force Road. But before happened, quite a while ago, the city was commited to borrow the money for that project. And what I got from the piece that was on the Common Council calendar two weeks ago, there is possibly a question of who actually owns Air Force Road. If that's true, where will the money come from to clear that issue up? And with Berkeley, it's not necessarily a case of if you build, they will come. They've been sitting on a redevelopment project at the Worcester Commons (with plenty of pre-existing infrastructure) for quite a while now. It seem as if they'll move when they are sure the time is right for them. Again, Catch-22. If you don't do it, they won't build for sure. If you do do it, you have no aassurance of when they'll build.
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Tails
Administrator



2682 Posts

Posted - 11/11/2010 :  6:24:08 PM  Show Profile Send Tails a Private Message  Reply with Quote
quote:
Originally posted by massdee

I wonder if any of our elected officials know where this stands? If you are right we (the city) could end up in some really deep crap.



There have been times in the past when taxes have been discharged in chapter 11 cases in bankruptcy court… through reorganization... and both parties (city/town and new company) have come up with an agreement. It’s the fast and easy way out which means less money for cities and towns and probably more shifted to the taxpayer. There is a potential of it being more that 2.9 million. They need to curb the spending and I’m not seeing it. Just like….the Rec Center getting closed for three weeks for renovations. Where is that money coming from and was that necessary right now? I personally do not think so.
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tetris
Moderator



2040 Posts

Posted - 11/19/2010 :  09:50:49 AM  Show Profile Send tetris a Private Message  Reply with Quote
Joint Convention at 6:30 p.m. regarding favorable Planning Board recommendation on New Building Dept. Fees)

REGULAR MEETING OF THE BOARD OF ALDERMEN, MONDAY, NOVEMBER 22, 2010, 7:00 PM, PETER J. MCCARREN MEMORIAL CHAMBERS, EVERETT, MA 02149

PUBLIC HEARINGS

1. A0255-10
To all persons interested in the petition for an Auto Repair-Mechanical and Body License from Suhail Elalami D/B/A US Auto Repair at 3-9 Charlton Street.


COMMUNICATIONS FROM HIS HONOR THE MAYOR

2. A0251-10 Order/s/Alderman Robert J. Van Campen, as President
To accept the provisions of Chapter 44, 53F 1/2 of the Massachusetts General Laws establishing Water/Sewer as an Enterprise Fund effective the start of Fiscal Year 2012, 07/01/2011. Water/Sewer receivables and deferred revenue prior to Fiscal Year 2012 will remain in the General Fund.

3. A0262-10 Order/s/Alderman Robert J. Van Campen, as President
To accept donation of $100.00 from Roseann DiCato to the Veteran Services Department, in memory of Joseph DiCato.

4. A0263-10 Order/s/Alderman Robert J. Van Campen, as President
To accept donation of $300.00 from the Carmen A. Schiavo Club to the City of Everett's Department of Veteran Services.

5. A0264-10 Order/s/Alderman Robert J. Van Campen, as President
Subject to confirmation by the Honorable Board of Aldermen, I hereby appoint Michelle Garrity of Everett to the Everett Cultural Council to a three (3) year term ending November 30, 2013.

6. A0265-10 Order/s/Alderman Robert J. Van Campen, as President
Subject to confirmation by the Honorable Board of Aldermen, I hereby appoint Lauren Laidlaw, of Everett, to the Everett Cultural Council for a three (3) year term ending November 30, 2013.

7. A0266-10 Order/s/Alderman Robert J. Van Campen, as President
Subject to confirmation by the Honorable Board of Aldermen, I hereby appoint Robert Constantine of Everett, to the Everett Cultural Council for a three (3) year term ending November 30, 2013.

8. A0267-10 Order/s/Alderman Robert J. Van Campen, as President
Subject to confirmation by the Honorable Board of Aldermen, I hereby appoint Silvana Pisapia to the Everett Cultural Council.

9. A0268-10 Order/s/Alderman Robert J. Van Campen, as President
Subject to confirmation by the Honorable Board of Aldermen, I hereby appoint Carol Lee, of Everett, to the Cultural Council for a term of three (3) years ending November 30, 2013.

10. A0269-10 Order/s/Alderman Robert J. Van Campen, as President
Subject to confirmation by the Honorable Board of Aldermen, I hereby appoint Cheryl Paskos of Everett, to the Everett Cultural Council to a three(3) year term ending November 30, 2013.

11. A0270-10 Ordinance/s/Alderman Robert J. Van Campen, as President
To amend Everett Zoning Ordinances by adding Section 28, "Stretch Energy Code" for the purpose of regulating the design and construction of buildings for the effective use of energy, pursuant to Appendix 120 AA of the Massachusetts Building Code, 780 CMR, the "Stretch Energy Code", including amendments or modifications thereto, a copy of which is on file with the City Clerk, or take any other action relative thereto. It is based on a model code adopted by many state and municipal governments in the United States for the establishment of minimum design and construction requirements for energy efficiency.


PAPERS FROM THE COMMON COUNCIL

12. C0163-10 Order/s/Councilor Rosa DiFlorio, as President
To accept the donation totaling $110.00 to the City of Everett's Department of Veteran Services Gift Account, in memory of Thomas Ronan, as follows: $10.00 from Marie A. Martin and $100.00 from Charles C. Leonard, Jr. (Passed sent up for concurrence)

13. C0164-10 Order/s/Councilor Rosa DiFlorio, as President
To accept a donation of $20.00 to the Department of Veteran Services Gift Account from George and Anna Toth, in memory of Thomas Ronan. (Passed sent up for concurrence)

PETITIONS AND LICENSES

14. A0256-10 Order/s/Alderman Robert J. Van Campen, as President
Petition for Mechanical Repair License from PWA Gas D/B/A JAG Petroleum at 356 Broadway.

15. A0257-10 Order/s/Alderman Robert J. Van Campen, as President
Petition for 2nd Class Motor Dealer License from Rocco Vigorito D/B/A New England Body Works, Inc. at 36 Mystic Street.

16. A0258-10 Order
Petition for Lodging House License from Andrew Philbin D/B/A The Glendale at 322-324 Ferry Street.

17. A0259-10 Order/s/Alderman Robert J. Van Campen, as President
Petition for Lodging House License from Andrew Philbin D/B/A 450 Ferry Realty Trust at 450 Ferry Street.

18. A0260-10 Order/s/Alderman Robert J. Van Campen, as President
Petition for Lodging House License from Andrew Philbin D/B/A The Marlboro at 51 Chelsea Street.

19. A0261-10 Order/s/Alderman Robert J. Van Campen, as President
Petition for Lodging House License from Andrew Philbin D/B/A The Newport Lodging House at 59 Chelsea Street.


COMMITTEE REPORTS

20. C0074-10 Joint Convention Report and Ordinance
To amend the Zoning Ordinance Section 23 by removing the current Building Department Fee Schedule and replacing it with new Building Department Fee Schedule.

21. A0235-10 Committee on Public Safety Report on
Ordinance/s/Alderman Joseph W. McGonagle-In accordance with the provisions of the Massachusetts General Laws, Chapter 90, Section 18, We, the Everett City Council, hereby petition the Great and General Court for special speed regulations by changing the speed limit on all side streets in the City of Everett from 30 mph to 20 mph, in the interest of public safety; with a favorable recommendation by amending to include language in the Petition that would allow the Traffic Commission a local option to reduce the speed limit on side streets from 30 to 20 mph using the same criteria to change speed limits without going through the State for approval.


UNFINISHED BUSINESS

22. A0220-10 Resolution/s/Alderman Robert Van Campen
Relative to continued delays in trash pick-up throughout the City of Everett; with a recommendation that a copy of the contract be provided to the City Council Office and that the matter be referred to the Mayor and Procurement Officer to review the contract for the purpose of reconvening early morning trash pickups in the City of Everett, with a request for a response 11/22 meeting.

23. A0239-10 Order/s/Alderman Robert J. Van Campen, as President
Petition for Permanent Awning for Lucini's Pizzeria at 882 Broadway, Everett.

24. A0242-10 Resolution/s/Aldermen Robert J. Van Campen and Michael K. Marchese
That the City of Everett consider the feasibility of establishing an enterprise fund as set forth in General Laws, Chapter 44, Section 53F 1/2 for the operation of the Everett Veterans Memorial Stadium.

25. A0099-10 Order/s/Alderman Robert J. Van Campen, Councilor Daniel J. Napolitano and Councilor William L. Cardello
In the interest of efficiency and accountability, that the City of Everett establish a Water and Sewer Enterprise Fund in accordance with G.L. c. 44.53F 1/2; with a recommendation to for favorable action.

NEW BUSINESS
26. A0252-10 Resolution/s/Alderman Michael K. Marchese
That the Board of Assessors re-evaluate and tax all Caritas Properties, as they are no longer non-profit.

27. A0253-10 Resolution/s/Alderman Michael K. Marchese
That the City revisit the agreements with Sithe Mystic Development/Cabot Power Corporation/Island End Cogeneration Project down at Lower Broadway and check TIF Agreements regarding additional taxes on the new construction done in the past ten years.

Adjournment

Respectfully submitted:

Caroline McCorry
Adm. Assist. / Office Mgr.
Everett City Council Office
council@ci.everett.ma.us

Reminders:
11/22 6:30PM JOINT CONVENTION
12/6 7:00 PM REGULAR COMMON COUNCIL MEETING
12/13 7:00 PM NEXT REGULAR BOARD OF ALDERMEN MEETING

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massdee
Moderator



5299 Posts

Posted - 11/22/2010 :  8:48:49 PM  Show Profile Send massdee a Private Message  Reply with Quote
Excellent piece. Hope they do the right thing with this.


21. A0235-10 Committee on Public Safety Report on
Ordinance/s/Alderman Joseph W. McGonagle-In accordance with the provisions of the Massachusetts General Laws, Chapter 90, Section 18, We, the Everett City Council, hereby petition the Great and General Court for special speed regulations by changing the speed limit on all side streets in the City of Everett from 30 mph to 20 mph, in the interest of public safety; with a favorable recommendation by amending to include language in the Petition that would allow the Traffic Commission a local option to reduce the speed limit on side streets from 30 to 20 mph using the same criteria to change speed limits without going through the State for approval.

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Tails
Administrator



2682 Posts

Posted - 11/23/2010 :  12:58:16 PM  Show Profile Send Tails a Private Message  Reply with Quote
I absolutely agree. I saw parts of the committee meeting and was not too thrilled about the nonchalant attitude towards changing the speed limits. They are too fast, and how quickly people forget about the little boy in the village that was hit by a speeding car and almost lost his life. Since both the State Representative and Senator are on board, it's a no brainer. There should not be any obstacles to overcome and the entire city council should be attached to this in support. It also gives the police more power to pull speeders over, and when they are hit with the big tickets, they wont speed anymore and can potentially save a life. It's more revenue too. They want more revenue....go after lawbreakers.
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