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massdee
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5299 Posts

Posted - 12/11/2008 :  08:34:33 AM  Show Profile Send massdee a Private Message  Reply with Quote
Pensions to strain city, town finances
New infusions needed as funds lose value
By Todd Wallack
Globe Staff / December 11, 2008


Massachusetts cities and towns will probably face bigger payments into pension plans that cover their workers and retirees because of this year's stock market plunge, potentially forcing communities to cut spending on police, schools, and other services.


Local pension funds, which are heavily invested in financial markets, lost about 29 percent of their value through the end of November, mirroring declines in other public pension funds nationwide, according to an estimate by Robert Dennis of the Public Employee Retirement Administration Commission. The organization oversees the state's 106 public pension funds, which cover hundreds of thousands of people.

Barring a market recovery or increased aid from the state, officials warn, cities and towns will almost certainly have to make larger payments in the next few years to compensate for the decline in pension assets, using money earmarked for other spending.

"It's very serious, not just for pension funds, but for everyone," said Geoff Beckwith, director of the Massachusetts Municipal Association, which represents local towns. "It will force a cash crunch on cities and towns and create real havoc."

Unlike state and federal governments, the local communities have few ways to raise additional money without voter approval, partially because of Proposition 2 1/2, the state law limiting property tax increases. In addition, state lawmakers have already suggested they might reduce local aid to balance the budget.

Even before the market crashed, most commu nities didn't have enough money set aside for pensions. Of 106 public pension funds, only three were fully funded by Jan. 1 - meaning they had sufficient assets to meet obligations to current and future retirees - according to the latest figures available. Eighty-two systems were funded below 80 percent, the level pension specialists generally consider acceptable, and seven had less than 50 percent of the money needed.

While there is no indication that government pensions are in jeopardy, growing deficits mean municipalities will gradually have to shovel more money into their plans. Under state law, communities are required to make regular payments to fully fund pension plans by 2028.

"I don't know a retirement system in the Commonwealth that hasn't expressed concern," said Joseph Connarton, executive director of the state public retirement commission.

Indeed, some cities and towns were already attempting to cope with deficits nearly the size of their entire annual budgets.

For instance, the City of Everett, with a $125 million budget, reported a pension deficit of more than $100 million. As of Jan. 1, its pension plan was only 37 percent funded. Springfield's pension shortfall is $403 million, three-quarters of its annual budget, and the plan was less than 43 percent funded as of the beginning of the year.

Other systems with less than half the assets needed in their pension systems include Lynn, Chelsea, Lawrence, Webster, and New Bedford. Boston's pension fund was 64 percent funded as of January 2006.Continued...

"Looking forward to 2009, cities and towns should try to rein in spending and be prepared for another tough year," said state Treasurer Tim Cahill.

But communities won't immediately have to make higher pension payments. Typically, they recalibrate pension contributions every three years, using complex actuarial assumptions to figure out how much they will owe to current and future retirees. While some are scheduled to update figures next year, others won't run new calculations until 2011. And even communities that adjust their figures next year won't start making revised payments until 2010. In addition, pension systems commonly use accounting techniques to spread out losses and gains on their investments over several years, reducing the impact from one aberrant year.

"Public pension funds take a long-term view," said Keith Brainard, research director for the National Association of State Retirement Administrators. "They tend to measure investment returns over decades, not quarters or years."

To allow cities and towns more breathing room, the Massachusetts Municipal Association plans to push for legislation to extend by several years the 2028 funding deadline.

"It would give pension funds more time to have the assets recover some of their lost value due to the wild swings on Wall Street," said Beckwith, the municipal group's director. "Holding fast to the 2028 date could cause massive cash flow problems for cities and towns and cause unacceptable cuts in essential services."

The Legislature set the deadline in 1987, when many Massachusetts pension funds were underfunded. Under the law, local pension systems are required to periodically measure how well they are funded and devise a schedule of regular payments to close any deficits.

Governor Deval Patrick's administration has not decided whether to extend the deadline for local funds, though it already done so for the state employees and teachers systems by two years, from 2023 to 2025.

Some local and state officials say an extension could potentially increase the amount of money municipalities will ultimately have to pay. Private companies are dealing with similar pension funding problems. Some have reduced benefits or dropped plans altogether.

"The longer we delay the funding, the worse it becomes," said Springfield auditor Mark Ianello, who chairs that city's retirement board. "You have to bite the bullet at some point and stick to the funding schedule. Each day that we delay funding, it costs more down the road."

Like many municipalities, Springfield already is grappling with a huge bill to make up for past underfunding of its pension plan. Next year, the city is supposed to make a contribution of more than $34 million to its plan. If it had been fully funding the plan all along, the city would owe only $3.9 million.

Everett has been forced to make up for its pension plan deficit by using money that could have gone toward a new fire station, sidewalks, or other services. It is scheduled to make a $10.5 million payment into its plan in 2009.

"There are so many other things I could do with" the money, said Everett Mayor Carlo DeMaria Jr., who took office this year. "Predecessors of mine just put in the minimum amount, not realizing the impact" of a shortfall over the long term, he said.

Now officials in Springfield, Everett, and other communities worry that pension bills could climb even higher after they close the books on 2008 in a few weeks.

Connarton, who runs the state's public retirement commission, said unless the markets turn around, most communities will undoubtedly need to contribute more to their pension plans in coming years. And it's one expense communities can't skip.

"There's no way around it," Connarton said. "You have to pay pension costs."

Todd Wallack can be reached at twallack@globe.com.
© Copyright 2008 Globe Newspaper Company.



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massdee
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5299 Posts

Posted - 12/11/2008 :  08:40:04 AM  Show Profile Send massdee a Private Message  Reply with Quote
Eight area communities may get foreclosure aid
By John Laidler
Globe Correspondent / December 11, 2008


Eight area communities have the chance to land some federal help in dealing with the effects of rising foreclosures.


Chelsea, Everett, Haverhill, Lynn, Peabody, Revere, Salem, and Saugus are among 39 cities and towns that would be eligible to share in $43.5 million awarded to the Commonwealth, under a state plan for disbursing the money.

The $43.5 million is part of $3.92 billion the US Department of Housing and Urban Development is awarding nationally to help cities and towns stabilize neighborhoods hard-hit by foreclosures. The funding, authorized in legislation adopted by Congress this past July, can be used to purchase, renovate, and redevelop foreclosed homes.

Under its plan, which requires HUD approval, the state identified communities most affected by foreclosures and in need of financial assistance, following criteria set by the agency.

Officials in local eligible communities say they would welcome receiving a share of the federal money, which can also be used to demolish blighted buildings; to create "land banks" for managing and disposing of vacant land; and to help low- to moderate-income homebuyers with downpayments and closing costs.

"We certainly intend to apply . . . and put an effective program together that helps our neighborhoods," said Haverhill's economic development and planning director, William E. Pillsbury Jr.

Lynn development director James Marsh said the city is seeing a high rate of foreclosures "and we are anxiously awaiting this money so we can start addressing it."

From January through the end of October, 1,151 foreclosure deeds were recorded in the eight area communities eligible for the program, an 86.5 percent increase over the 617 recorded during the same months in 2007, according to The Warren Group, a Boston-based publisher of real estate data. Among the foreclosure deeds recorded this year, 399 were in Lynn, 175 in Haverhill, 166 in Revere, 117 in Everett, 113 in Chelsea, 64 in Peabody, 63 in Salem, and 54 in Saugus.

"This is a very important new federal program that will directly address the foreclosure crisis throughout Massachusetts, especially in the hard-hit cities," said Aaron Gornstein, executive director of the nonprofit Citizens' Housing and Planning Association. "We are hopeful that the fund will be used to acquire and renovate foreclosed properties so they can be put back into productive use."

Gornstein noted that the rise in foreclosures "is one of the main reasons why there has been a drop in property values. And once property becomes foreclosed and vacant, it often will sit and could get vandalized, and tends to get more deteriorated. So you need to acquire the properties quickly and stabilize them to make them available for first-time homebuyers or for nonprofit organizations to manage. . .. That's what hopefully this funding can do."Continued...

In all, Massachusetts has been awarded $54.8 million. Of that, $11.4 million will go in direct grants to the four cities identified as the state's highest-need communities - Boston, Brockton, Springfield, and Worcester.

Under the state plan, those four cities could also apply for a combined $9.1 million. Another 10 communities, including Haverhill and Lynn, would be eligible to apply for a combined $6.8 million. The remaining funds - minus $3.4 million set aside for administration and technical help - would go to projects in some or all of those 14 communities and 25 others, including Chelsea, Everett, Peabody, Revere, Salem, and Saugus.

"This use of funds is a blend between direct aid to communities hardest hit by foreclosures and programming resources available to high priority regions in need of assistance as determined by HUD data," said Kofi Jones, spokeswoman for Daniel O'Connell, the state's housing and economic development secretary.

In this area, Chelsea, Everett, and Revere are considering filing a joint funding application to support a regional effort to address foreclosures. Though sharing resources and general goals, each city would tailor the program to meet its specific needs, according to Chelsea City Manager Jay Ash.

Ash said his city could make good use of a grant award because it already has a housing director and a larger task force dealing with foreclosures. It also works closely with nonprofits that deal directly with the issue, including one that acquires and rehabilitates vacant properties and another that counsels people at risk of foreclosure.

Revere Mayor Thomas G. Ambrosino, who recently organized a regional foreclosure avoidance workshop that drew more than 200 people, said any HUD money would be "very helpful."

"We are hoping to use it for rehabilitating properties in receivership or for acquiring foreclosed properties," he said. "So there are a lot of potential uses of this money."

Peabody's community development and planning director, Jean Delios, said the city is still evaluating how it might use any grant money. But one idea is to assist nonprofits in purchasing foreclosed properties and converting them to affordable housing.

"Even if there is just one vacant house on a street, it can potentially create a blight in a neighborhood," she said.
© Copyright 2008 Globe Newspaper Company.


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massdee
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5299 Posts

Posted - 12/14/2008 :  07:39:28 AM  Show Profile Send massdee a Private Message  Reply with Quote
John C. DiBiaso
DiBIASO, John C. Of Everett, on Dec. 11. Beloved husband of the late Louise (Sansone). Father of John C. Jr. & his wife Maureen, Robert C. & his wife Allison, all of Everett, & Marc C. & his wife Karen of Sweden. Stepfather of Michelle Kelliher Hopgood, of Brockton, Also survived by 5 grandchildren, Michael, Kristina, Jonathan, Olivia, & Erik. Funeral from the Salvatore Rocco & Sons Funeral Home, 331 Main St., EVERETT, Tuesday, Dec. 16, at 9. Funeral Mass St. Anthony Church, Everett at 10. Relatives & friends invited. Visitjng hours Monday 4-8. In lieu of flowers donations in John's memory may be made to the Crimson Tide Football Club, PO Box 490922, Everett, MA 02149. Interment Glenwood Cemetery, Everett. Former President of the Mass Athletic Directors Assoc., Longtime Athletic Dir. of Everett HS, Former Coach Parlin Jr. HS, Chelsea HS, Immaculate Conception HS, Revere & Everett HS. Rocco-Carr-Henderson Funeral Service 1-877-71-ROCCO You must be logged in to see this link.
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Tails
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2682 Posts

Posted - 12/14/2008 :  12:03:46 PM  Show Profile Send Tails a Private Message  Reply with Quote
This is sad, and prayers to the DiBiaso family. I never knew his Dad was into football like him. It's really nice when family members enjoy the same things together. I'm sure the name DiBiaso will be remembered for many, many years to come.
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tetris
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2040 Posts

Posted - 12/19/2008 :  8:27:10 PM  Show Profile Send tetris a Private Message  Reply with Quote
DETAILS

Despite governor's call for limits, some police continue to make thousands on assignments

By Connie Paige
Globe Correspondent / December 18, 2008

Local police officers have pulled in tens of thousands of dollars a year standing watch on private details at utility and road construction projects, and they show no sign of backing off despite a call by Governor Deval Patrick to curb the practice.

In Lynn, a police officer netted $65,689 in 2007, swelling his take-home pay to $150,729, according to a Globe survey.

In the same year, in Beverly, a captain collected nearly $38,000 in detail pay, giving him a total yearly take of more than $156,000, while a Saugus patrolman made more in details, at $53,086, than in his base pay of $49,584.

Patrick has pushed through new rules tightening use of police officers on details for state projects, and switching to civilian flaggers for some state jobs. But at the local level, police chiefs north of Boston defend the use of police officers on details and vow to continue it in their communities.

"If we can put uniformed police officers on the street on details without a direct impact on taxpayers, I think it's a good thing," said Lynn Police Chief John W. Suslak.

The main case against police details has been their price tag. The Patrick administration estimated that of the $20 million to $25 million spent annually on police details by the state, the new policy would mean a savings of between $5.7 million and $7.2 million per year.

In 2004, the Beacon Hill Institute, a private think tank, estimated that local police officers in Massachusetts earned $141.4 million working details the previous year, with $93 million of that spent on traffic control.

While the bills for details are paid by the company doing the hiring - not the city or town - critics like the Beacon Hill Institute say the top dollar paid for sworn police officers gets added onto utility rates and other costs ultimately borne by consumers.

At Verizon, spokesman Philip G. Santoro said the company spends about $12 million annually for police details in Massachusetts. Santoro pointed out that "we've successfully used both details and flaggers across the country at our work sites."

The cost for a police officer on a detail is generally about $40 per hour, controlled by a union contract, according to Frederick Ryan, the Arlington police chief who is a spokesman for the Massachusetts Major City Chiefs, a professional organization. The contracts usually require a company to hire an officer for a minimum of four hours, and if the time runs over that, to pay for eight hours, Ryan said.

The details add millions to police pay. In Beverly, for example, police topped off their combined 2007 salaries of $6.5 million with $1.2 million on details. The top detail earner that year was Captain John DiVincenzo, with $37,768 from details as part of his total pay of $156,423. DiVincenzo did not return a reporter's calls seeking comment.

That same year, the top detail earner in Lynn was Officer John Dean, with $65,689 in details included in his annual take of $150,729. "I think we do a good job out there," Dean said. "We do a lot of things besides protecting people we work for, [including] traffic and pedestrian [control]."

In Saugus, Officer Timothy Fawcett earned $53,086 in detail work, which with overtime and other pay, brought his total pay last year to $125,856.

Fawcett did not return calls for comment on his detail pay.

Around the region, there is little appetite to change the system on the local level.

"I believe that police details have solved lots of crimes and saved lives," said Malden police Chief Kenneth A. Coye. "I think they're a real bargain. This is a public safety issue where people get a tremendous bang for the buck."

Lynn Mayor Edward Clancy said the city has so many pressing problems that the use of police details "is not a hot-button issue." Similarly, Saugus Town Manager Andrew Bisignani said officials there "had not come to the point yet" of considering a change.

Chelsea City Manager Jay Ash said he was "very excited" when Patrick raised the issue. Ash said he "had long wondered whether we were getting value for our dollars."

However, after studying the issue, Ash said he discovered that switching to civilian flaggers would save the city only 15 cents per hour. Moreover, he said, police on details this year had made 28 arrests as of September.

Ash said that he, the City Council, and the city's two police unions plan to hash out a new policy by the end of the year that likely would curb the police details somewhat by barring them where they are not needed, such as on dead-end streets.

Several area police chiefs maintained that police on details add extra eyes and ears attuned to crime in city and town centers and neighborhoods. They said they deemed the use of details crucial in a time of fiscal austerity, when many communities are cutting back public safety budgets.

"In my opinion, they're good for the police and they're good for the city," said Saugus police Chief Dominic DiMella.

DiMella said his department is so shorthanded that he usually has only three police cars on the street at a time, making the police on detail an informal supplementary force. "With the financial resources we have, it's an added bonus: They give us visibility, and they have the power of arrest and the power to serve citations," he said.

Police pointed to many instances in which officers on detail helped with a medical emergency, stopped a crime, or joined in catching a suspected thief.

In Lynn, for example, police Sergeant Henry Wojewodzic was working a private detail in July when he was approached by witnesses who told him about a nearby assault with a handgun during a road-rage incident, according to Suslak.

Wojewodzic immediately alerted other police officers, who tracked down the three men allegedly involved. The suspects were charged with assault, unlawful possession of a firearm, unlawful possession of ammunition, and other crimes. Two of the suspects turned out to be members of a local gang, Suslak said.

Wojewodzic cleared $112,246 in salary last year, with $8,195 from details.

Many police argue that officers do not make high enough base salaries and benefits to afford to live in the pricey Northeast without serving on private details.

"I think police are woefully underpaid," said Newburyport police Lieutenant Mark Murray, the department's detail officer. "There are people out there making a half million per year, and they [complain] because we make $100,000. For some reason, the details bother them because we're making a couple extra bucks. Nobody likes to work 80 hours a week, but you have to do it sometimes to make a living."

The chiefs stressed that eliminating private details would not automatically free up police officers to walk the beat. The chiefs said details represent a second job, adding to the hours officers work and the dangerous situations they face. Nor does detail pay figure into calculation for pensions, the chiefs noted.

The details do not boost taxes, but many communities make money on them.

Most charge an administrative fee of 10 percent to the companies hiring the detail officers. Some also require companies to pay a fee for use of cruisers on details.

Murray said Newburyport charges $50 per day for a cruiser, but they are not used much. Saugus charges $3 per shift, and DiMella said he is considering raising it to $6.

The departments surveyed all have rules prohibiting officers from working more than two eight-hour shifts in succession in a 24-hour-period, with some exceptions approved by the chief.
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tetris
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2040 Posts

Posted - 12/19/2008 :  8:33:35 PM  Show Profile Send tetris a Private Message  Reply with Quote
Officials seek teeth for pole law
Local officials push for power to prod utilities

By Brenda J. Buote
Globe Correspondent / December 18, 2008

With the approach of a new legislative session, municipal leaders and activists are calling on lawmakers to pass legislation that would allow cities and towns to fine utility companies that fail to remove double poles in a timely manner.

"Repeated promises remain unfulfilled," said Patrick Mehr, a Lexington resident who for years has pushed for legislation to put muscle behind a 1997 state law that mandates utility companies remove double poles within 90 days of their installation, but that has no penalties for noncompliance.

"The situation will not change until the state Legislature revisits this issue," said Mehr. "They have blatantly disregarded the law, and will continue to do so until there are real financial incentives for them to make substantive changes."

The situation is created when a utility company installs a pole to replace an old one, and both are left while the utility waits for other companies to move their equipment, including transmission lines, transformers, and fire alarm cables, to the new pole. And although the utilities maintain a shared management database designed to smooth the process, it can take months.

Communities have expressed concerns that double poles pose a hazard. Some obstruct the vision of motorists. Others are left dangling above ground, carrying high-voltage wires.

In the absence of a legislative remedy, some communities have adopted a novel approach to compel compliance: When a utility comes before local officials seeking permits for other projects, it is asked to take action on the double poles.

"We hold up some projects a little bit, and they seem to respond to that," said Malden City Councilor Paul DiPietro, noting that Verizon, National Grid, Comcast, and the Fire Department are now working to remove some 300 double poles.

However, similar tactics have failed in other communities, often because the utility seeking permits is unable to compel others using the old pole to transfer equipment. In each community, a single utility - Verizon, NStar, or National Grid, the successor to Massachusetts Electric - is responsible for directing the removal, but has no authority over others with wires on the pole.

"In many cases, it's an issue of motivation," said Steven Magoon, Watertown director of community development and planning and a former mayoral aide in Gloucester, who noted officials in both communities have had little success. "Often, a double pole will get addressed by one utility because they have a service issue in that area, but it's not as high a priority for the other companies, so the process drags on."

Verizon spokesman Phil Santoro said the telecommunications company is committed to removing double poles efficiently. "We work cooperatively with the other entities that have wires on the poles," he said. "In most cases, the current process works pretty effectively. Occasionally, there are delays that typically would result from coordinating the schedules of all four entities; however, that is the exception rather than the rule."

Between April and October, Verizon reduced the double poles in Lexington from 345 to 221, according to surveys conducted by the town Electric Utility Ad Hoc Committee. However, 196 of the remaining poles had been in place longer than 90 days.

Mehr, a member of the committee, said Lexington's frustration over the lingering double poles was clear at Town Meeting in April, when voters passed a resolution requiring selectmen to solicit state support for legislation that would fine utilities for noncompliance with the law.

The board's chairman cited the utilities' Pole Lifetime Management database in lobbying for tougher enforcement measures.

"We now have well over four years of experience with PLM, and even for the showcase community of Lexington, PLM has not yielded the results promised by the utilities," Selectman Norman P. Cohen wrote in an Aug. 11 letter to the chairman of the state Department of Public Utilities and the commissioner of the state Department of Telecommunications and Cable.

Cohen noted that the sluggish progress is particularly troubling because Verizon and NStar in 2003 identified Lexington as a pilot community to demonstrate the database's effectiveness.

The state DPU's executive director, Tim Shevlin, said the problem is complicated.

The issue of shared jurisdiction over the poles obscures matters, he said. Under the Romney administration, only the state Department of Telecommunications and Energy was responsible for overseeing removal of double poles. But the agency no longer exists, its responsibilities now shared by DPU, which oversees gas and electric companies, and DTC, which oversees cable and telephone companies.

Frustrated, the town of Bedford in 2005 passed a bylaw that established a $100 daily fine for each set of lingering double poles. The Supreme Judicial Court overturned the bylaw, finding that the state is responsible for regulating double poles.

"The issue has not been resolved, and it should be," said Bedford Town Manager Rick Reed, suggesting that tweaking the PLM could ensure companies are notified automatically when another company has finished transferring its equipment.

The PLM system now relies on each company monitoring the database to know when to send out crews. The process of switching wires involves a sequence, so if one utility doesn't update the database, others get held up.

Reed wants the PLM system upgraded and fines imposed for noncompliance, an approach supported by municipal leaders and activists across the state.

State Senator Susan C. Tucker, an Andover Democrat who is vice chairwoman of the Joint Committee on Telecommunications, Utilities and Energy, in January filed a bill to establish fees for noncompliance with the law; the bill died in committee. Tucker said she will refile it next month.

Brenda J. Buote may be reached at bbuote@comcast.net.

© Copyright 2008 Globe Newspaper Company
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tetris
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2040 Posts

Posted - 12/21/2008 :  09:24:13 AM  Show Profile Send tetris a Private Message  Reply with Quote
STREET WORK COMPLETED - The city recently completed resurfacing work on five streets in north Everett. The improvements were done on Henry Street; Eliot and Kenwood roads; and Edith and Marie avenues. D&R General Contracting of Stoneham did the work. Everett officials said the project was completed ahead of schedule, which saved the city money. The $619,000 cost was funded through a city allotment of federal Community Development Block Grant funds. Next spring, the city plans to do any final touch-up work and plant some trees along the streets, according to Erin Deveney, chief of staff to Mayor Carlo DeMaria Jr. - John Laidler

FREE HOLIDAY PARKING - In an effort to provide a boost to the city's merchants, the city has suspended parking meter charges during the holiday season. Through Jan. 5, parking is free at all metered spaces in the city. "It's a nice way to say, 'Come to Everett and don't worry about parking,' " said Matt Laidlaw, director of communications for Mayor Carlo DeMaria Jr. The city is also advising residents that 2009 residential parking stickers will be issued beginning on Jan. 2. The stickers can be obtained in the parking clerk's office in City Hall. Proof of residency is required. The stickers are free during the months of January and February. Starting in March, there is a $10 charge. - John Laidler
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Fran
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250 Posts

Posted - 12/23/2008 :  2:40:50 PM  Show Profile Send Fran a Private Message  Reply with Quote
Exxon Mobil subsidiary agrees to pay $6.1 million for Mystic River fuel spill
December 23, 2008 12:32 PM Email| Comments (10)| Text size – + By Jonathan Saltzman, Globe Staff

A wholly-owned subsidiary of Exxon Mobil Corp. has agreed to plead guilty to a criminal charge and pay $6.1 million for a 15,000-gallon diesel fuel spill at an oil terminal in Everett, a disaster that federal prosecutors say could easily have been prevented.

Prosecutors announced today that they had filed a criminal information against ExxonMobil Pipeline Co. charging it with a criminal violation of the federal Clean Water Act in connection with the January 2006 spill that covered the Mystic River with a blue-green sheen.

Under a plea agreement filed with the criminal charge, the company has agreed to pay $6.1 million in fines and cleanup costs and pay for a court-appointed monitor to oversee the Everett terminal for three years. The plea agreement must be approved by a federal court, according to federal prosecutors and other officials.

The spill occurred over a 13 1/2-hour period that began on the afternoon of Jan. 9, 2006, after the oil tanker M/V Nara docked at the Everett terminal to unload petroleum products, authorities said. A badly worn 10-inch seal valve on one of the berths did not close completely and leaked low-sulfur diesel fuel into another pipeline. That caused pressure to build up in the second pipeline until it burst a 3/4-inch metal coupling 610 feet away.

US Attorney Michael J. Sullivan said a contractor had warned ExxonMobil in September 2005 that the 10-inch seal valve was leaking but that the company ignored it. Sullivan also said the metal coupling was more than 30 years old, unpainted and badly corroded, and would have cost about two dollars to replace.

"This was an accident waiting to happen," he said at news conference where he showed reporters two pieces of the broken coupling.

The spill was discovered by the Coast Guard, which received numerous calls about an oily sheen on the Mystic River.

Special Agent John K. Gauthier, an investigator with the US Environmental Protection Agency, said the spill at the confluence of the Mystic and Island End Rivers likely had a "devastating" environmental impact on the waterway, which flows into Boston Harbor, but he had no details. The harbor was for decades an environmental nightmare, polluted with industrial waste, but in recent years has been cleaned up.

ExxonMobil said in a statement that it "takes its environmental responsibility very seriously" and will try to prevent a similar spill from occuring.

"We very much regret that in Jaunary of 2006, we had a release of a petroleum product into the Island End River in the Boston area which resulted in a misdemeanor violation of the Clean Water Act," the company said.

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Tails
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2682 Posts

Posted - 12/23/2008 :  9:08:36 PM  Show Profile Send Tails a Private Message  Reply with Quote
I realize they are paying 6.1 million in fines, but to only be charged with a "misdemeanor violation" of the Clean Water Act, is unacceptable. There has to be more accountability, so things like this never happen again.
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charm
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264 Posts

Posted - 12/24/2008 :  07:15:22 AM  Show Profile Send charm a Private Message  Reply with Quote
ExxonMobil slammed for Everett spill
US decries negligence, sets $6.1m in penalties
By Jonathan Saltzman, Globe Staff | December 24, 2008

A wholly owned subsidiary of Exxon Mobil Corp. will pay $6.1 million in fines and plead guilty to a criminal charge in response to a 15,000-gallon diesel fuel spill at an Everett oil terminal - a mess that federal authorities said was caused, in part, by the company's failure to replace a $2 metal coupling.

Prosecutors said yesterday that they had charged ExxonMobil Pipeline Co. with a criminal violation of the federal Clean Water Act in the January 2006 spill, which coated the Island End River and Mystic River with a blue-green sheen.

Under a plea agreement filed with the criminal charge in US District Court in Boston, the company will not only pay the fine, but will also fund a court-appointed monitor to oversee the Everett terminal for three years, and follow a rigorous environmental compliance plan. The agreement awaits court approval.

The spill occurred over a period of about 12 hours beginning Jan. 9, 2006, after the oil tanker M/V Nara docked at ExxonMobil's ter minal to unload petroleum products, authorities said. A badly worn 10-inch seal valve on one of the berths failed to close completely and leaked low-sulfur diesel fuel into another pipeline containing low-sulfur kerosene. That caused pressure to build up in the second pipeline until it burst a 3/4-inch metal coupling 610 feet way.

US Attorney Michael J. Sullivan said a contractor testing the valve for ExxonMobil in September 2005 had warned the company that the 10-inch seal was leaking - but the company ignored the warning. Sullivan also said the metal coupling was more than 30 years old, unpainted, and badly corroded, and would have cost about $2 to replace.

"This was an accident waiting to happen," he said at news conference, where he showed reporters two pieces of the broken coupling.

The spill was discovered by the Coast Guard, which received numerous calls about an oily sheen on the rivers and traced it to the source.

ExxonMobil said in a statement yesterday that it "takes its environmental responsibility very seriously" and will try to prevent a similar spill from occuring.

"We very much regret that in January of 2006, we had a release of a petroleum product into the Island End River in the Boston area which resulted in a misdemeanor violation of the Clean Water Act," the company said.

Ed Coletta, a spokesman for the Massachusetts Department of Environmental Protection, said the fuel got onto boats and docks at the Admiral's Hill Marina in Chelsea and took three to four weeks to clean up. But he said there was no obvious damage to wildlife in the largely industrial area.

As part of the plea agreement, ExxonMobil is to pay $538,652 in fines and cleanup costs and make a community service payment of more than $5.6 million to the North American Wetlands Conservation Act Fund, which will pay to restore wetlands in Massachusetts.

Erin Deveney, chief of staff to Everett Mayor Carlo DeMaria Jr., said in a statement that he was pleased the agreement "recognized the seriousness and the significance of the incident" and was confident that ExxonMobil "will be attentive to environmental and safety precautions in the future."

The spill occurred at the confluence of the Island End and Mystic rivers, which flow into Boston Harbor. For decades, the harbor had a notorious reputation because of pollution from industrial waste, but in recent years it has gotten cleaner.

Prosecutors and other federal officials said at the news conference that ExxonMobil was criminally negligent in the spill, which dumped 12,700 gallons of low-sulfur diesel and 2,500 gallons of kerosene into the water.

The authorities released a photograph that showed an outdoor metal walkway near one of the berths where the coupling burst. The walkway lay beneath several inches of greenish fuel during the spill, yet no one from ExxonMobil alerted authorities as the fuel filled a containment pan and poured into the river.

"The pan overflowed into the river for hours and hours and didn't stop until the [M/V Nara] stopped pumping," said Assistant US Attorney Jonathan F. Mitchell, a prosecutor in the case. ExxonMobil employees "should have been doing their regular rounds and didn't, because if they had done their regular rounds, they couldn't have missed it because they would have had to splash through the stuff."

Exxon Mobil Corp. and its corporate predecessors have owned the marine distribution terminal since 1929. Oil tankers deliver petroleum products to the terminal, and the fuel is then distributed throughout New England, authorities said. The terminal features 29 oil storage tanks.

Stacey H. Mitchell, chief of the environmental crimes section of the US Justice Department in Washington, which worked on the case with Sullivan's office, said ExxonMobil ignored basic maintenance by failing to replace the leaky valve seal and the old coupling.

Jonathan Saltzman can be reached at jsaltzman@globe.com
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tetris
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2040 Posts

Posted - 12/25/2008 :  10:13:15 AM  Show Profile Send tetris a Private Message  Reply with Quote
Devotion to duty

Bundled against the cold, a group of parishioners at St. Therese Church in Everett keeps the faith in vigil since its shutdown four years ago

By Kathy McCabe
Globe Staff / December 25, 2008

EVERETT - Wrapped in a thermal blanket, Alaskan coat, and a leopard fur headband, Lee Pratto lay down on her cot for another night's sleep in St. Therese Church.

"I'm all prepared," said Pratto, who also wore thick socks, velour pants, a sweater, and turtleneck. "If you get into the right position, it's really kind of cozy."

The Everett church, officially closed by the Archdiocese of Boston in 2004, has no heat or running water. Both were shut off in October after the archdiocese said it would not spend $50,000 or more to fix a broken boiler.

"It's both a question of fairness and doing what is right," said Terrence C. Donilon, the archdiocese spokesman. "We're not going to replace boilers for a building that no longer has a future use. . . . It doesn't make sense."

But a group of parishioners - who today will spend their fifth Christmas occupying the church - say they won't budge.

"We're not walking away," said Harry Whelan, 71, wearing a blue parka in the parish hall. "We don't care how cold it gets."

The loss of heat and water at St. Therese raises new concerns about safety. The vigil - which started after the closing Mass on Oct. 26, 2004 - has gone on without major problems. There have been no medical emergencies, fires, or property damage. After the heat and water were shut off, participants in the vigil had a portable bathroom installed in the garage. They also bring in bottled water to wash or make coffee in the parish hall. The electricity has not been shut off.

"I call it determination," said Mary Tumasz, 84, who stopped by for coffee after attending Sunday Mass at another parish.

Both Everett officials and the archdiocese are concerned about safety. Vigil participants have been told not to light candles, or use electric blankets or space heaters to keep warm.

"Safety is our top concern," said Donilon. "We told them back in August, when we told them about the boiler and water, we don't think it's wise that they're there."

Everett police check on the church at least once a day. The Fire Department visits frequently. Mayor Carlo DiMaria Jr. also has met with the archdiocese.

"The mayor shares their concern about safety," said Matt Laidlaw, the mayor's spokesman. "The archdiocese was pretty straightforward. This is not an active parish. . . . But the mayor is on the side of the parishioners."

Donilon would not say when or if the archdiocese will take further action at St. Therese.

"The church is not going to reopen," he said. "We're moving forward, with the things we need to do to secure the building, until we determine at a future time what will happen to it."

St. Therese - one of 65 parishes closed by Cardinal Sean P. O'Malley since 2004 - is one of five churches holding vigils to protest its closing. The others are in East Boston, Framingham, Scituate, and Wellesley. O'Malley has not moved to end the protests, among the longest running in the country's church history. The archdiocese estimates it has spent $2 million on insurance, utilities, and other costs at the occupied parishes, including $300,000 at St. Therese.

"It is important that people know the cardinal does care about them," Donilon said. "He does pray for them. He does think about them. He would like them to help us rebuild and heal this archdiocese. It's about our people, not our buildings."

In the Globe North region, 10 parishes closed as part of a sweeping reconfiguration. Small churches in West Newbury and Merrimac were merged to create one new parish. Churches in Groveland and Peabody merged with large neighboring parishes. Except for two churches that have appealed their closings to the Vatican - Our Lady of Lourdes in Revere and St. Michael the Archangel in Lynn - the vast majority of Catholics have moved on to new parishes.

When churches are closed, the archdiocese designates a nearby "welcoming church" for parishioners to move to. But some at St. Therese could not let go of the little brick church on Broadway. The vigil started when four people refused to leave its worn wooden pews after the last Mass. Pratto, a parishioner for 50 years before the closing, was prepared only with water, crackers, and cheese.

"This was a house of the Lord," she said. "I didn't think it should close. . . . I didn't know we'd be here this long."

Carol Tumasz, another original participant, says she has since slept at the church almost every night.

"I have a lot more blankets now," said Tumasz, 51, counting an afghan and three wool blankets on her cot. "I just keep piling them on."

At least two people, sometimes three or four, sleep overnight. Ray Bourque of Malden joined two years ago after the death of his wife.

"I found peace here," said Bourque, 68, who said he now attends Sacred Hearts Church in Malden. "It helped me through the mourning period."

Organizers say about 30 to 40 people rotate through the church each week. It's unclear if the church or parish hall is occupied a full 24 hours.

"Usually someone is in one of the buildings," said Joan Shepard, 75, one of those who has been with the vigil since the start.

Christmas is a bare-bones affair this year at St. Therese. A communion service could not be held because the church is too cold. There is no tree or Nativity scene on the altar, only a garland with holly berries and two poinsettias.

"We're all in the hands of God," Shepard said, buttoning up in an overcoat. "He's the boss."

Kathy McCabe can be reached at kmccabe@globe.com.

© Copyright 2008 Globe Newspaper Company.
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tetris
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Posted - 12/25/2008 :  10:16:07 AM  Show Profile Send tetris a Private Message  Reply with Quote
Contractors recently began repairing the front steps of the Parlin Memorial Library. During the renovation, which is expected to take four to six weeks, the library will remain open and all scheduled activities will take place, according to library director Deborah Abraham. A temporary entrance is on the south side of the building opposite the fire station. The door is normally used only for emergencies. Some of the granite steps recently caved in because the cement supporting them has deteriorated. The City Council approved Mayor Carlo DeMaria Jr.'s request for $90,000 to fund the project. Located at 410 Broadway, the Parlin is the city's main library. The 1895 building underwent an award-winning renovation and addition project in 1992. - John Laidler
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tetris
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Posted - 12/28/2008 :  08:24:34 AM  Show Profile Send tetris a Private Message  Reply with Quote
TAX RATE UP, BILLS DOWN - The city has set a residential tax rate of $11.18 per $1,000 valuation and a commercial tax rate of $28.98 per $1,000 for fiscal 2009. The rates were recently approved by the state Department of Revenue. The rates were set after the City Council decided to maintain the existing policy of having separate tax rates for residents and businesses. By law, municipalities must decide annually whether to have a split tax rate and if so, how much of the tax burden to shift on to businesses. With the support of Mayor Carlo DeMaria Jr., the council opted for the maximum shift allowable. Under that shift, which remains unchanged from fiscal 2008, businesses would pay 75 percent more than if there were a single rate. The council also maintained the city's residential exemption, which provides a partial tax break to owner-occupied homes. With the exemption factored in, the owner of an average single-family home valued at $294,800 would pay $2,557 in fiscal 2009, $174 less than the $2,731 the owner of an average home valued at $340,400 paid in fiscal 2008. Without the exemption, the average tax bill in fiscal 2009 would be $3,296, a $227 decrease from the $3,523 in fiscal 2008. - John Laidler

MORE FIREFIGHTER HONORS - At a recent ceremony in City Hall, Mayor Carlo DeMaria Jr. presented city citations to the 22 firefighters honored this month by the state, and to the city's three fire stations for their collaborative efforts in responding to the Dec. 5, 2007, gasoline tanker truck fire. The Everett Fire Department was presented with a special Excellence in Leadership Award for their response to the fire at Sweetser Circle during the state's annual Firefighter of the Year awards ceremony at Faneuil Hall. The Everett accident occurred when a "fully loaded gasoline tanker overturned, struck a guardrail, and spilled 9,000 gallons of gasoline down a steep embankment," according to an account the state provided with the award. It said the resulting explosion caused a "river of fire to flow into three very heavily congested residential areas" and that the first responding firefighters found "three fully involved, occupied multifamily dwellings and 50 cars and the tanker on fire." Everett firefighters, the state account said, "responded to this dangerous and chaotic scene and effected a well coordinated, aggressive attack on the exposure fires and were able to safely evacuate all involved." - John Laidler
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scamore
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105 Posts

Posted - 12/30/2008 :  2:21:44 PM  Show Profile Send scamore a Private Message  Reply with Quote
Joint move to target public pot smoking

By Dave Wedge and Edward Mason | Tuesday, December 30, 2008 | You must be logged in to see this link. | Local Politics

Photo by AP
Pot smokers flying high over a new law providing simple tickets for possessing small amounts of weed could still find themselves in cuffs as city leaders weigh a state recommendation to get tough on public toking.

“I’d sign it in a second,” Lynn Mayor Edward “Chip” Clancy said. “I wasn’t in favor of the ballot question. I don’t think the expansion of marijuana use, or any other drug for that matter, is a good idea.”

The soft-on-pot law just approved by Bay State voters takes effect Friday, making possession of less than an ounce of marijuana punishable by a $100 fine, rather than arrest.

But in guidelines issued by the Executive Office of Public Safety and Security yesterday, state officials urged cities and towns to pass local laws to pile on additional fines and make it a crime to smoke pot in public.

“I think communities would have to take a hard look at doing something like that,” said Woburn Mayor Thomas McLaughlin, calling the state’s recommendation “interesting.”

Public toking laws were not previously needed on the books because simple possession was a criminal offense, albeit a misdemeanor.

Attorney General Martha Coakley, who opposed the pot power play overwhelmingly approved by voters in November, suggested towns tack on an additional $300 civil penalty as well as criminal penalties.

Decriminalization backers fear the proposed local crackdown amounts to an “end-run” around the spirit of the new law.

“We’re not opposed in principle to some kind of sensible regulation, however, if it starts to look like this is being done to undo the wishes of voters, then yes, we would be opposed to that,” said Dan Bernath, spokesman for the Washington, D.C.-based Marijuana Policy Project, which backed the Bay State ballot initiative.

Boston City Councilor Stephen Murphy, chairman of the council’s public safety committee, said he planned to discuss the issue with the board and Mayor Thomas M. Menino.

“I think we should look at what all of our options are,” Murphy said.

Menino spokeswoman Dot Joyce said the mayor had not been briefed on the guidelines and wanted to reserve comment. Menino shared the concerns of district attorneys that Question 2 would be a gateway to weaker pot laws.

But, Joyce said, “the people have voted, and we’ll follow the letter of the law.”

Cops and prosecutors have also argued that the new law could nullify drug testing of cops, bus drivers and MBTA employees. Public Safety Secretary Kevin Burke, though, said sanctions for flunking drug tests are unchanged.

“You can still provide effective employee discipline,” Burke said.

The new law, similar to others across the country, is designed to prevent people caught with small amounts of marijuana from having lifetime criminal records. Rather than arrest and prosecution, the law requires police to issue a $100 civil fine for a first offense. For minors, there is a parental notification and education requirement.

Burke said the law still allows cops to search suspects, seize pot and arrest drug dealers.

Article URL: You must be logged in to see this link.

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whynot
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47 Posts

Posted - 12/31/2008 :  06:35:54 AM  Show Profile Send whynot a Private Message  Reply with Quote
I was readign this on this site and I think the board of alderman and the wonderful police chief need to make new laws regarding this, I understand that people wanted this and it was a huge turn out back in November, but, why are the cities and towns waiting till it takes effect to put laws in place, and doesn't the state law cancell out the city and towns law?
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