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Tails
Administrator
2682 Posts |
 Posted - 04/07/2009 : 12:46:32 PM
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I heard that, and that's another HUGE mistake. The mayor is letting him go but he's POSTING a position?
Simonelli was upset about that and I think when he gets upset, that clouds his judgment.
I bet Carlo curses the day he came up with........."Gone are the days," he said, "when the city employees are hired because of their acquaintances instead of their qualifications."
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just wondering
Senior Member
387 Posts |
 Posted - 04/07/2009 : 2:21:10 PM
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quote:
Originally posted by massdee
I personally feel the sidewalk sweepers were one expense that could have waited until the city was better set financially. Does anyone remember what they cost? Could that have been a salary to save a job?
During last nights meeting I heard that money coming from the sale of city property could only be used for capital expenditures.
The money for the sweeper came from the sale of the old city yards.
The 80k could not be used for salary.
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massdee
Moderator
5299 Posts |
Posted - 04/07/2009 : 3:16:23 PM
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Does capital expenditures mean only equipment or would infrastructure repairs also come under that?
"Deb" |
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tetris
Moderator
2040 Posts |
Posted - 04/07/2009 : 4:13:03 PM
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Hopefully, the following sections of MGL can clear this up once and for all:
Chapter 44: Section 63. Sale or other disposal of realty; disposition of proceeds
Section 63. Whenever the proceeds of the sale or other disposal of real estate, including the taking by eminent domain by another governmental unit, but other than that acquired through tax title foreclosure, by a city, town, or district, exceed five hundred dollars, the same shall be applied to the payment of indebtedness incurred in acquiring such real estate or shall be added to the sinking fund, if any, from which said indebtedness is payable, or if no such indebtedness is outstanding may be used for any purpose or purposes for which the city, town or district is authorized to incur debt for a period of five years or more or be applied to the payment of indebtedness incurred under clause (3) of section seven, except that the proceeds of a sale in excess of five hundred dollars of any park land by a city, town, or district shall be used only by said city, town, or district for acquisition of land for park purposes or for capital improvements to park land.
I believe that the key clause of this section of MGL in this case is "if no such indebtedness is outstanding may be used for any purpose or purposes for which the city, town or district is authorized to incur debt for a period of five years or more". There's a link below to the section of MGL that lists what the city can borrow money for (it's kind of long or I would have included it here); day to day expenses is not among them.
You must be logged in to see this link. |
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Tails
Administrator
2682 Posts |
Posted - 04/07/2009 : 9:15:20 PM
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| Does anyone know how the union negotiations went today? |
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massdee
Moderator
5299 Posts |
Posted - 04/07/2009 : 9:39:20 PM
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Tetris,
Can you explain that so we can all understand it? Thanks.
"Deb" |
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Tails
Administrator
2682 Posts |
Posted - 04/07/2009 : 9:51:28 PM
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I would appreciate it too. I thought monies received from the sale of real estate can be used for any purpose, from which you can borrow for five years or more, and the BOA and CC have to give their approval, and monies had to be appropriated prior to spending.
I can be wrong, it's just the way I read it.
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Edited by - Tails on 04/07/2009 9:52:12 PM |
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tetris
Moderator
2040 Posts |
Posted - 04/07/2009 : 9:54:43 PM
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Generally, the way that I read it is that the city can only spend the money from the sale of real estate on the same things that it borrow money for. The link takes you a list of those things. They include, among other things, infrastructure and capital expenditures for equipment. It does not include normal operating expenses. Just my interpretation though.
Update: I left out the five year thing because I thought that it might confuse things; that why the "generally" was included in the explanation. But since Tails brought it up, each item in the list in Section 7 has a number of years that the city can borrow the money for that purpose. If the number of years is less than five, the money from the sale of real estate couldn't be used for that particular purpose. |
Edited by - tetris on 04/07/2009 10:04:28 PM |
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massdee
Moderator
5299 Posts |
Posted - 04/07/2009 : 10:11:47 PM
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Here's the language in the link Tetris provided. I must be dense. I am still not getting it.
PART I. ADMINISTRATION OF THE GOVERNMENT
TITLE VII. CITIES, TOWNS AND DISTRICTS
CHAPTER 44. MUNICIPAL FINANCE
MUNICIPAL INDEBTEDNESS
Chapter 44: Section 7. Cities and towns; purposes for borrowing money within debt limit
Section 7. Cities and towns may incur debt, within the limit of indebtedness prescribed in section ten, for the purposes hereinafter set forth, and payable within the periods hereinafter specified:
(1) For the construction or reconstruction of surface drains, sewers, sewerage systems and sewage treatment and disposal facilities, thirty years.
(1A) For the lining by cement or metal of sewers constructed for sanitary and surface drainage purposes and for sewage disposal, ten years.
(2) For acquiring land for public parks or playgrounds or public domain under chapter forty-five, thirty years; but no indebtedness incurred for public domain shall exceed one half of one per cent of the equalized valuation of the city or town.
(2A) For the construction of an artificial ice-skating rink for which refrigeration equipment is required on land owned by the city or town, fifteen years.
(2B) For the construction of an outdoor swimming pool on land owned by the city or town, fifteen years.
(3) For acquiring land, or interests in land, for any purpose for which a city or town is or may hereafter be authorized to acquire land or interests therein, not otherwise specifically provided for; for the construction of buildings which cities or towns are or may hereafter be authorized to construct, or for additions to such buildings where such additions increase the floor space of said buildings, including the cost of original equipment and furnishings of said buildings or additions, twenty years.
(3A) For remodeling, reconstructing or making extraordinary repairs to public buildings owned by the city or town, including original equipment and landscaping, paving and other site improvements incidental or directly related to such remodeling, reconstruction or repair, for a term not exceeding 20 years.
[ Clause (3B) effective until July 2, 2008. For text effective July 2, 2008, see below.]
(3B) For energy conservation and alternative energy improvements to public buildings or facilities owned by the city or town, ten years.
[ Clause (3B) as amended by 2008, 169, Sec. 50 effective July 2, 2008. For text effective July 2, 2008, see above.]
(3B) For energy conservation, alternative energy or renewable energy improvements to public buildings or facilities owned or leased by the city or town, or on property owned or leased by the city or town, 20 years.
(4) For the construction or reconstruction of bridges of stone or concrete or of iron superstructure, twenty years.
(5) For the original construction of public ways or the extension or widening thereof, including land damages and the cost of pavement and sidewalks laid at the time of said construction, or for the construction of stone, block, brick, cement concrete, bituminous concrete, bituminous macadam or other permanent pavement of similar lasting character, or for the original construction and surfacing or the resurfacing with such pavement of municipally owned and operated off-street parking areas, under specifications approved by the department of highways, ten years.
(6) For macadam pavement or other road material, or for the resurfacing with such pavement or other road material of municipally owned or operated off-street parking areas, under specifications approved by the department of highways, or for the construction of sidewalks of brick, bituminous concrete, stone or concrete, five years.
(7) For the construction of walls or dikes for the protection of highways or property, ten years.
(8) For the purchase of land for cemetery purposes, ten years.
(9) For the cost of equipment, 5 years or for such maximum term, not exceeding 15 years, based upon the maximum useful life of the equipment as determined by the board of selectmen or the mayor or city manager of the city or town.
(9A) For the remodeling, reconstruction or rehabilitation of existing firefighting apparatus and heavy equipment including, but not limited to, front-end loaders, road graders, sidewalk plows and motorized sweepers; five years.
(10) For connecting dwellings or other buildings with common sewers, when the cost is to be assessed in whole or in part on the abutting property owners, five years.
(11) For the payment of final judgments, one year.
[ There is no clause (12).]
(13) In Boston, for acquiring fire or police boats, fifteen years.
(14) For traffic signal, or public lighting installations, fire alarm or police communication installations and for the purpose of extending and improving such installations, ten years.
(15) In Boston, for the original construction, or the extension or widening, with permanent pavement of lasting character conforming to specifications approved by the state department of highways and under the direction of the board of park commissioners of the city of Boston, of ways, other than public ways, within or bounding on or connecting with any public park in said city, including land damages and the cost of pavement and sidewalks laid at the time of said construction, or for the construction of such ways with stone, block, brick, cement concrete, bituminous concrete, bituminous macadam or other permanent pavement of similar lasting character under specifications approved by said department of highways, ten years.
(16) For the payment of premiums for fire insurance contracts or policies covering a period of five years, four years.
(17) For improvements made under section twenty-nine of chapter ninety-one and for the construction or reconstruction of public wharves, ten years.
(18) For the payment of charges incurred under contracts authorized by section four of chapter forty for the expert appraisal of taxable property or for the preparation of assessors maps, including charges for aerial mapping in connection with the preparation of such maps, ten years.
(19) For the payment of charges incurred under contracts authorized by section four D of chapter forty, but only for such contracts as are for purposes comparable to the purposes for which loans may be authorized under the provisions of this section. Each authorized issue shall constitute a separate loan, and such loans shall be subject to the conditions of the applicable clauses of this section.
(20) For developing land for burial purposes and for constructing paths and avenues and embellishing the grounds in said developed areas in a cemetery owned by the city or town, five years. The proceeds from the sale of the exclusive rights of burials in any of the lots in such cemetery shall be kept separate from other funds and be appropriated for the payment of any indebtedness incurred for such developments, notwithstanding the provisions of section fifteen of chapter one hundred and fourteen.
(21) For the cost of architectural services for plans and specifications for any proposed building for which a city, town or district is authorized to borrow, or for the cost of architectural services for plans and specifications for additions to buildings owned by a city, town, or district where such additions increase the floor space of said buildings, five years if issued before any other debt relating to said buildings or additions is authorized, otherwise the period fixed by law for such other debt relating to said building or additions; provided, however, that at the time the loan is issued the city, town or district owns the land on which the proposed building or additions would be constructed.
(22) For the cost of engineering or architectural services for plans and specifications for any project not defined in clause (21) for which a city, town or district is authorized to borrow, five years if issued before any other debt relating to said project is authorized, otherwise the period fixed by law for such other debt relating to said project.
(23) For the construction of municipal tennis courts, including platform tennis courts and the acquisition of land and the construction of buildings therefor, including the original equipment and furnishing of said buildings, fifteen years.
[ There is no clause (24).]
(25) For the construction of municipal outdoor recreational and athletic facilities, including the acquisition and development of land and the construction and reconstruction of facilities; fifteen years.
(26) For energy audits as defined in section three of chapter twenty-five A, if authorized separately from debt for energy conservation or alternative energy projects; five years.
(27) For the undertaking of projects for the preservation and restoration of publicly-owned freshwater lakes and great ponds in accordance with the provisions of section thirty-seven A of chapter twenty-one.
(28) For the development, design, purchase and installation of computer hardware, other data processing equipment and computer assisted integrated financial management and accounting systems; ten years.
(29) For the development, design, purchase of computer software incident to the purchase, installation and operation of computer hardware and other data processing equipment and computer assisted integrated financial management and accounting systems; five years.
(30) For installation, repair or replacement of exposed structural or miscellaneous steel, which has been treated with the hot-dip galvanizing process; three years.
(31) For the purpose of removing asbestos from municipally owned buildings; ten years.
Debts may be authorized under this section only by a two-thirds vote.
"Deb" |
Edited by - massdee on 04/07/2009 10:12:30 PM |
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tetris
Moderator
2040 Posts |
Posted - 04/07/2009 : 11:20:28 PM
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Let me try this one more time, in detail.
When the city sells any type of real estate for $500 or more, except a foreclosed property, the first thing that has to happen is any debt on the property needs to be paid off. Once that debt (if any) is paid off, the remainder of the proceeds of the sale can be spent on the same type of items that a city is allowed to borrow money for a period of five years or more.
Number 3A on that list allows the city to borrow money for a period of up to 20 years for the remodeling of buildings; so, the city can use the proceeds of the sale for remodeling.
Number 9 on that list allows the city to borrow money for equipment for five years or more; so, the city can buy equipment with the proceeds of the sale.
Number 25 on that list allows the city to borrow money to construct/reconstruct athletic fields for up to fifteen years; so, the city can use the proceeds of the sale to re-do the stadium.
Nowhere on that list is the city allowed to borrow for money to pay for normal operating expenses, i.e, payroll, office supplies, health insurance, etc. Therefore, the money from the sale of real estate can't be used for those purposes either.
If that doesn't do it, I'm not sure how else to explain it. |
Edited by - tetris on 04/07/2009 11:24:31 PM |
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massdee
Moderator
5299 Posts |
Posted - 04/07/2009 : 11:47:37 PM
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Thanks, I now get it.
"Deb" |
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Tails
Administrator
2682 Posts |
Posted - 04/08/2009 : 08:49:57 AM
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I get it now too (I think).....thanks. I would rather hold on to what's in the coffers other than spending. It does not give a good feeling to people when layoffs are inevitable, and we are spending and spending on city services. We didnt have sidewalk cleaners before so who's taking on the extra work?
We also may need to use some for Air Force Road, that we have been hearing about, but I haven't heard any updates on it, in a while. |
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massdee
Moderator
5299 Posts |
Posted - 04/08/2009 : 10:03:07 AM
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Speaking of the stadium, does it allow the mayor to use these funds to match the grant money for the stadium? Or does anyone know if they are looking elsewhere to raise those funds?
"Deb" |
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tetris
Moderator
2040 Posts |
Posted - 04/08/2009 : 10:53:46 AM
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I was watching ECTV-15 last weekend and saw the part of the football banquet when the Mayor was speaking. As a part of his remarks, he stated that he would be going to the city council looking for a transfer or going out to bond to get the matching funding to secure the stadium grant. He did not elaborate beyond that. I thought I recalled that they were going to look at various funding options for this project but I haven't heard anything else about it since.
He also said that a RFP was going for design services for the stadium and I recall seeing the legal notice for that in last week's Independent. I guess he must be fairly confident that the council will approve whatever he puts before them for this if he's going out to bid before getting the funding locked up. Also, I thought that the design work had to be completed by June 30, 2009 as a part of the terms of the grant. I have no clue how long that might take but it just seems like they're may be pushing it. |
Edited by - tetris on 04/08/2009 10:55:47 AM |
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massdee
Moderator
5299 Posts |
Posted - 04/08/2009 : 11:14:21 AM
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Back to the sale of city owned property, am I correct, in order to use that money they need to have a two-thirds vote from each board? (CC and BOA)
"Deb" |
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Cuts
