Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2005-02-15 Board of Selectmen Packet
PROCLAMATION TO DECLARE MARCH AS RED CROSS MONTH WHEREAS: In 2005, the American Red Cross celebrates 100 years of service in the Commonwealth of Massachusetts, recognizing a century of innovation and participation, embracing a vision that drives its mission forward; and WHEREAS: As one of the nation's oldest, most recognized humanitarian organizations, the American Red Cross is woven tightly into the fabric of Reading, Massachusetts enrolling neighbors as volunteers and chartered by Congress to provide com- passionate care when disasters and other crises threaten to overwhelm and destroy_ families; and WHEREAS: The Red Cross also responds to international emergencies by rushing immediate financial aid and supplies to other countries affected by natural disasters, and working with the International Red Cross, providing messaging and tracing services to those in war -torn countries; and WHEREAS: Residents of Reading, Massachusetts get information they need to maintain safe and healthy lives through Red Cross courses in lifesaving skills - first aid, CPR, water safety and much more. Our community also benefits from other Red Cross programs that provide trained health care workers to the infirmed, transportation to medical appoint- ments, holiday stockings for children in need and other community based programs; and WHEREAS: Red Cross services include recruiting thousands of people annually to donate blood, ensuring its safety and providing hospitals with half the nation's supply of blood and blood products for lifesaving medical treatments and routine medical procedures; and WHEREAS: Through its work, the Red Cross, an enduring American institution, restores hope at home and throughout the world every day, and its vital services would not be possible without generous contributions from the American people of their time, blood and money. NOW, TBEREFORE, WE, the Board of Selectmen of the Town of Reading, Massachusetts do hereby proclaim March 2005 as Red Cross Month, and request that each member of our community support the noble humanitarian mission of the American Red Cross of Massachusetts Bay North Area with a gift of time, blood or money. Together, we can save lives and make our world a safer, better place. THE BOARD OF SELECTMEN Richard W. Schubert, Chairman Camille W. Anthony, Vice Chairman Gail F. Wood, Secretary Joseph G. Duffy George V. Hines . at4q I. . +American Red Cross ` of Massachusetts Bay W FED _8 February 3, 2005 Mr. Peter Hechenbleikner Reading Town Hall 16 Lowell Street Reading, MA 01867 Dear Mr. Hechenbleikner: North Area Office ,f 85 Lowell street �_.•' *. _ Peabody, Massachusetts 01960 -5491 M www.bostonredcross.org (978) 531 -2280 phone (978) 532 -7503 fax (781) 665 71351 Melrose QJfIce The strength of the Red Cross begins with the local community. As one of the twenty -two communities served by the North Area of the American Red Cross of Massachusetts- Bay, we invite you to join us once again in celebrating March as American Red Cross Month. The national tradition of proclaiming March as Red Cross Month. began with President Roosevelt in 1943 and continues to this day throughout states, cities and towns across the country. For the American Red Cross of Massachusetts Bay, 2005 is special in that it marks the centennial for the American Red Cross in Massachusetts. For one hundred years the American Red Cross has provided residents of the Commonwealth with a wide array of programs and services, including: • disaster relief, education and preparedness; • international disaster relief'and support for international humanitarian law; • emergency communication and assistance to members of the U.S. Armed Forces and their families; • health and safety, including CPR, First Aid, lifeguard training, aquatics, and sports safety training and Certified Nursing Assistant courses; • blood and tissue services; • and, in certain locations, food pantries, transportation programs and a variety of youth activities. In observance of Red Cross Month and our centennial year, we respectfully request that you return the enclosed proclamation, or one of your choice, so that we may display, it with our other communities' proclamations at our North Area Office in Peabody. We ask that you insert your name and the name of your community in the appropriately bolded areas. Boaford Danvers Everett Lynn Lynnfield Malden Marblehead Medford Melrose Middleton Nahant United *Way North Reading Peabody Reading Salem Saugus Stoneham Swampscott Topsfield Wakefield Winchester Woburn Together, we can save a life 4026t Within the next flew weeks, one of our volunteers Leers will be following up this letter with a telephone call, in the hope thatwe may arrange a time to visit with you to accept your signed proclamation. We would also very much like to make this a photo'oppor6usuty, with a press release submitted to the appropriate local newspaper. Plow do not-hesitate to contact me at 978- 531 -2280 with any questions. Thank you so much for your participation and support during this memorable month Sincerely; Janice Wilson North-Area Director aaa� I 0 0 LEGAL NOTICE TOWN CiF READING . . To.the InAabltAntt of the Town of Reading: You are .hereby, notified that t an. application for a transfer of a package. store liquor license had been applied for by Jai Vaishnode -A & Ct Irag, Inc. dth /a North- Side Liquors. the appli- eation 'is for the; premises $t• 134g' Main Street, Readingi. .Mass6chusetts. Under the pro= visions of Chapter 138, Section 15: of the .Massachusetts General..Laws,'a• public hearing will' be hold, concerning such . .application by the Board of 6electmen:on. Fijkr.uary 15; -2005 .fit.* 8:00' p.m. in the • $0Iectrq' bn's : Meeting Room, 16 Lowell.•-,. .Strea.t, Reading, MaAsa . husettsi .,Ail interested partibs' are inAted`to attorid or'submit their comments i.n writing, or by emeil.to.:TOvrm Manager at town managerOci.reading.ma.us. ' By order of Peter ',l: Hechenbleikner Town Manager 1121. t 1n92m TOWN OF READING ABUTTERS LIST MAP MWIL''OTA5; Est a3' iLl"i t OWNER . ' 'u "r. "° n 't i OWNER2 ±Tw - i? ?? *3rd ;'' .` !P T#+n - "s )E_ si�i .. .'ie .. `. Ni "4sBT ADAMS KATHLEEN R STONEHAM PLANNING BOARD TOWN HALL STONEHAM • MA 02180 WAKEFIELD PLANNING BOARD 1 LAFAYETTE STREET WAKEFIELD MA 01880 LYNNFIELD PLANNING BOARD 55 SUMMER STREET LYNNFIELD NIA 01940 MASS DEPT OF HOUSING 8 COM. DEV. ONE CONGRESS ST 10TH FLOOR BOSTON MA 02114 WILMINGTON PLANNING BOARD 121 GLEN ROAD WILMINGTON MA 01867 NORTH READING PLANNING BOARD 235 -NORTH STREET NORTH READING MA 01884 WOBURN PLANNING BOARD 10 COMMON STREET WOBURN MA 01601 METRO AREA PLANNING COUNCIL MAPC W TEMPLE STREET BOSTON MA 02111 PROP ID 246225A000001480 246225A000001470 240226A000001360 246225A000001350 246226A000001240 246225A000001120 246225A000001110 2 2462250000000090 2 2462250000000080 2462110000000060 2482250000000480 2462250000000100 2 2462110000000050 2462250000000470 2462110000000100 2462110000000040 2462250000000460 2462110000000110 2 2462250000000390 2482250000000120 2462110000000030 2462250000000400 2462100000000100 246210000000001A 2462240000000050 Ott 2462240000000018 2462100000000030 OWNERI DESTEFANO EDWARD J JR . HENNESSY MICHAEL TRUSTEE HOUSTON CAMERON ABOUSHALA AYMAN BONASERA HENRY J KINCAID STEPHANIE A BEN YIXIN CATINO NICHOLAS A DIPIERRO FRANCESCO CUNTON ROBERT L JR HARRELL PAUL A FINNEGAN RICHARD W COLOMBA FRANK J COLOMBA FRANK J JACOBSON KATHLEEN TRUSTEE MARSHALL ROBERT OWNER2 1375 MAIN STREET NOMINEE TRU DANIELLE HOUSTON EILEEN BONASERA XIAOMEI FENG ELAINE V CATINO PAULA C DIPIERRO DIANNE CUNTON NANCY B HARRELL ELLEN L FINNEGAN FRANCESCO FICO ETAL FRANCESCO FICO ETAL . THE GRAHAM FAMILY IRREVEOCA ROSEMARY E MARSHALL COLOMBA SILVANA M FRANK J COLOMBA THOMAS CHRISTINE B NEWELL ERICA L ADAMS KATHLEEN R 124 FRANKLIN ST SIMBLARIS CHARLES ETAL (LE.) LEAH SIMBLARIS LAMPE ETAL BANCROFT ARTHUR W JR ETAL TR: BANCROFT FAMILY TRUST BOSCHETTI CARLO A PAULA BOSCHETTI CUNNINGHAM STEVEN E KATHLEEN CUNNINGHAM GIOVANNIELLO MARK JULIANN GIOVANNIELLO LOSINGER CHARLES M LOSINGER KATHRYN L GHIKA THOMAS M SHERRI A GHIKA VENUTI CHARLES M ETAL TRS THE VENUTI REALTY TRUST FAULKNER JENNIFER SCOTT BUSNACH MILLER ROBERT J KATHLEEN REINOLD YAU KAM SHIU SCHNEIDER ROBERT W SCHNEIDER DIANE T MCLAUGHUN ROBERT MCLAUGHLIN PORNPEN M OWN -IDDR 8 SUMNER CHENEY PL 11 SUMMER ST 6 SUMNER CHENEY PL 5 SUMNER CHENEY PL 4 SUMNER CHENEY PL 3 SUMNER CHENEY PL 2 SUMNER CHENEY PL 1 SUMNER CHENEY PL 641 PEARL ST 636 PEARL STREET 651 PEARL ST 659 PEARL STREET 97 FRANKLIN ST 97 FRANKLIN ST 640 PEARL ST 108 FRANKLIN ST 648 PEARL. ST 5 GAVIN CIR 115 FRANKLIN ST 658 PEARL ST 664 PEARL STREET 116 FRANKLIN ST 670 PEARL ST 680 PEARL ST 17 GAVIN CIRCLE 22 NELSON AVE 120 FRANKLIN ST 29 GAVIN CIR 41 GAVIN CIRCLE 14 NELSON AVE 49 GAVIN•CIR 14 GAVIN CIRCLE DELANEY JOSEPH E JENNIFER B DELANEY 125 FRANKLIN ST NEWELL ERICA L CAMERON O DEANE 124 FRANKLIN ST REGAN RICHARD A KATHRYN A REGAN 24 GAVIN CIRCLE LESTER MARION A 1310 MAIN ST MOBIL OIL CORP C/O MOBIL ADMINISTRATIVE SERVI PO BOX 4973 CONTINENTAL HEALTHCARE 11 UMITED PARTNERSHIP 63 KENDRICK ST YING LAW SIU C/O NETWORK GROUP 18 SHEPARD ST ULLJ_Y THOMAS J 162 FRANKLIN STREET OWN CITY READING CHELMSFORD READING READING READING READING READING READING READING READING READING READING READING READING READING. READING READING READING READING READING READING READING READING READING READING READING READING READING READING READING READING READING READING READING READING READING HOUSTON NEEDHAM BRIGHTON READING OWN STATE OWN ZIP MA 01867 MA MA MA MA MA MA MA MA MA MA MA MA MA MA MA MA MA MA MA MA MA MA MA MA MA MA MA MA MA MA MA MA MA MA MA TX MA MA MA 01867 01867 01867 01867 01867 01867 01887 01867 01867 01867 01867 01867 01867 01867 01887 01867 01857 01867 01867 01867 01887 01867 01867 01867 01867 01867 01867 01867 01867 01867 01867 01867 01857 01867 77210 02494 02135 01867 v19r2=6 TOM OF READING ABUTTERS UST 2482240000000040 YING LAW SIU C/O THE NETWORK GROUP 18 SHEPARD ST BRIGHTON MA 02135 2462240000000080 GROVE OPERATING LP C/O R.E. TAX DEPT. (19040) PO BOX 87407 CHICAGO IL 80880 2462250000000420 AUSTEIN CATHERINE M S ROBERT AUSTEIN 40 GAVIN CIRCLE READING MA 01857 210 L•USK DAVIDA ANNE M LUSK 30 GAVIN CIRCLE READING MA 01867 24621100000000220 BOTTICEW ROBERTA G RICK G NAZZARO . 127 FRANKLIN ST READING MA 01867 2130 BOTTICEW ROBERTA G RICKY G NAZZARO 127 FRANKLIN ST READING MA 01887 2462110000000120 WOODS SUSAN J TR 1321 MAIN ST READING MA 01867 SPINAZOLA STEPHEN J LITTLE SANDRA J 48 GAVIN CIRCLE READING MA 01867 2462250000000150 SANTOREW SALVATORE TR SANTOR• REALTY TRUST 3 GUMWOOD LANE WAKEFIELD MA 01880 2462110000000010 QUEENIE LLC 1331 MAIN ST READING MA 01867 2462250000000140 NCG LLC 1337 MAIN ST READING MA 01867 2482250000000160 EVANS LAWRENCE 1361 MAIN ST READING MA 01867 2462100000000050 TOWN OF READING 16 LOWELL ST READING MA 01867 2462250000000170 CARPENTER ERICK A MELISSA J CARPENTER 1369 MAIN ST READING MA 01867 2462250000000190 ANGELO ROBERT M ETAL (LE) MICHELE ANGELO.ETAL TRS 1381 MAIN ST READING MA 01867 2200 BUNTEN DAVID F MARIA G BUNTEN 1387 MAIN ST READING MA 01887 P W huh o T 10 T fA 52 iii Carter.& Coleman, P.C. ECjVED. 248 Main S t.r e e t T.QWN C4�AASS. aS Reading, MA 018.67 -36.04 READING• Telephone: 781- 944 -9222 1005 JAN 1$'P Iz 20 Fas:781- 944 -3117 Richard K Carter . r Christopher E. Coleman January 12, 2005 Reading Town Clerk Reading Town Hall 16 Lowell Street Reading, MA. 01867 RE: Application for Transfer of Liquor License Northside Liquors, Inc. to Jai Vaishnodevi di Chira L Inc. 1349. Main Street, Reading, MA. Dear Sir or Madam, I represent Jai Vaishnodevi & Chirag, Inc. in connection with the application for transfer of the liquor license currently held by Northside Liquors, Inc. Enclosed please find the following documentation requested in order to approve the transfer 1. ABCC Form 43 2. ABCC' Form 483 3. ABCC 5 -page Application 4. Articles of Organization with Certificate of Good Standing 5. Corporate Vote 6. ABCC Form A 7. Purchase and Sale Agreement 8. Lease 9. Floor Plan 10. BAT Certificates 11. Certificate of Naturalization 12. Sources of Financing (3 month's back statements) Also enclosed please find a check for $200 payable to the ABCC representing the fee for processing the application. q 461 THE COMMONWEALTH OF MASSACHUSETTS ALCOHOLIC BEVERAGES CONTROL COMMISSION FORM 43 Reading, Massachusetts License Number City/Town ZTe of Transaction (Please check &relevant tramartim) () New License () New Officer/Director (g) Transfer of License (') Change of Location () Change of Manager () Alter Premises O Transfer of Stock o icensee Date ( ) Pledge of License ( ) Pledge of Stock (') Other SA7 VATRHNnnRVT & CH,TRA INC.., Name of licensee lanRTH STnR T.T(ij]ORS ARVIND B. PATEL ' D/B /A Manager •1149 MAYN STRRRT 01867 Address: •Number. Street Zip Code ANNUAL ALL ALCOHOL PACKAGE STORE Annual or Seasonal Category: All Alcohol, Wine & Matt' Type: Restaurant, Club, Package Store, Inn, General oil Prerdw, Bt,. Description of Licensed Premises: — Retail sales space, 2 storage spaces, office, anel walk -in comle_r_ o the f i ,- =t f l nnr r, wi i h : ,sPSt room i n back. One entrance/ exit' in fro .-and another entrance /exit, in back. OAdditional storage .space in — basement. Application was.filed: January-18i.: 2005. ' 1; 20' -Advertised: .Januazy . AA:, •,.2Q05• .Chronicle; Date d! time & Publication Abutters Notified 'Yes No'' Person to contact regarding this transaction: Name:ARVTxn R_ PATRT, Address: _231 Ash Street Reading, MA 01867 Phone #:7g 1- 944 -3.149 Remarks: The Locil Licensing Authorities Alcoholic Beverages Control Commission By: Ef do Moifarty EXpcutive (Director Remarks: �ta4 ' THE COMMONWEALTH OF MASSACHUSETTS ALCOHOLIC. BEVERAGES CONTROL COMMISSION Application for Alcoholic Beverage License for Retail Sale city /Town: Reading, Massachusetts . )New License (,) New Officer /Director X) Transfer of License ( ) Other )Transfer of Stock (Specify) Name to appear ors the license: JAJ VAISHNODEVI & CHIRAG, .INC. Bµs•inesa namd (d /b /a) ,, if .different: NORTH SIDE LIQUORS Manager of Record: ARVI.ND. B. PATEL FID of Licensee': Address of Premise 8; sGreetr 1349 •Main Street zip. code: .01867 Phone number of premises: ( '781 ) 942 -2211 Type of license: (check only one) . _Club X Package store _Veterans club _General on premise _Restaurant _Other' _ innholder Tavern (Specify) License Category:- X_All Alcoholic _Wine and-Malt Malt only a _Wine only Wine and Malt with Cordials Permit License Class: X_ATmual Seasonal - Person '(attorney if applicable) who can be contacted concerning this application: . Name: Christopher E. Coleman E' Address: 248 .Main Street Reading, MA' 01867 Phone.number: (7811 944 -9222 Give•a full and complete description of the premises to be licensed, including location of all trances and exits: Retail sales space, 2 storage spaces, office,. and walk -in cooler on.the f1rst 1.c .floor, with restroom in back. Ors en't'rance/ exit in -front and. another entrance/ exit in back. Additional" storage space in basment. ;eating capacity: N/A Occupancy number: N/A Applicant is an: __Association X Corporation -Partnership _Non- profit corporation. 45 __individual ua0.� 8, If applicant is an individual or partnership:. List for individual or each partner. Full Name Home Address D.O.B. SSN 8a. Is individual or are all partners United States citizens? _Yes No If no, specify citizenship: 8b. Is'individual or are hll partners involved at least twenty -one years old? _Yes No 9.• If the applicant is a`corporation, complete the following: ' State of Incorporation: MASSACHUSETTS Date .of, Incorporation: 12/08/2-004 Fiscal Year-Ends: Date qualifled to do business in'MA: 9a. How many shares of stock are authorized? 10 0 How many sh&res.of stock are issued? 100 T Provide in the box below the names of all officers, directors, stockholders and manager. Use + to indicate director Title Full Name Home'Address D.O.B. SSN Shares-of stock owned or controlled PresidenE7 Treasurer ry n Patel' s h Street,-Reading,, 1'00 Clerk/ Director, same Manager same 9b. Attach a copy of the vote by the Board of Directors appointing a manager or principal representative: 9c. If the applicant is 4-corporation, answer the following questions: 1. Are the majority of directors United States citizens? Yes' No '2. Are the majority of directors citizens of Massachusetts? X Yes No 3. Is the manager or principal representative•a U.S. citizen? X 'Yes No ; 10. If the applicant is an association, provide in the box below the names of all association officers and members. Title Full Name Home Address D.O.B. SSN Phone Number 11. Will there be any construction, remodeling, redecorating or building on the premises for this.*. license ?• 'Yes �_No tIf yes complete a,b,c, and d) a. Give an exact description of the construction, remodeling, rededore+t3-ng' or building, On G premises b. Nhat are the estimated costs? c. chat is'the construction schedule? d. State all sources of construction 'fitit ing. " '= - r'`'' =' i:f :zfs: �. :. a••.' := :•�.:.•T7?t:?s �. ^'y�,::. �' . ^,�:S.r .. its:•.::'..".•..... r ...�..•.SG +:.�: C[_^TF•z'�"':i^ L2. . Do you , oxm• he premise §71 Yes ' No If yes, • pYease reap 'nom o- tYiE'�fi.'3d"8 "' - u : Name 'of Realty rust °. ' iaiiividusl ...•_..- •'t•�Joiatl� ---..- . Tf t Name of Corporation : (i€ . ycu ;ark do ,not' owh the m es to censFc�;7 $Pb "tt� c l�owin� . foa :•sGhe ow�ri -Pbope nu x: ( ) ., Addressx, .t. ... ,_.,._.._,,.....M._.r...,. ..•. `, rte......_. ;. lZh. If a: lease or rental, provide the .following -information-:$ ?Ann : no per • M :.vt.`+:tfl:•t .( ` .., kG. c. i' sn. ;::.�� �f4�) ar' a,�'t�ti � •- �E► ,. "trn�.n e..�'.1_ .s�¢ 'l�t�Tt- •'t�....,5..�,.�:.� .�;�.:....�;�..,,,._._..... _...�. Beginning date' of leaseAr,r� 1 1:: �nn�' 9 } . (provide, a• copy of the lease.)i' Final 3 . itlt)at6et's' ~sere° �nzchased✓arid- eoetiy27 -- _ Equipment : $ j Invez}to '"' S $ ?5 0: Fyrriiture: $ Goodwill: S . �: J _ 3l:: [��'SffCi �.. °•M.:ri �7 t: lra ape t' ::§ 96100:0 .� c �, 7 • i± <'.., l:ia:,rzi'i :!,fu'n:s .• ?'�' ^,,: =i: :..:i =:r.;i .,..;'ie, . ;ts'tci .3a.. Tot�[1' "sase = Pr�rme i::: r:se3Cs�ae inventory at time of closing~ :dent ify in.the bOi' bel'Sw An §b4 i t•'C7•f7rtnan'c'ing9-- Seller: $' �ot2ier, fspecify)•: S �: '' Cash: $ e * _zao�sa: s, .checking _ac, urts,_ stock; sales, eta, )ocumen�=•a3. -al �...g .__- ** See att.ach9d source'. of financing.. .3c. All. other •terms and conditiorks: ' (provide purchase and sale documents): ' .3d: Are you seeking approval for license to be pledged? —Yes _XNo If yes, to whom ?•• 12 3e. Wilr. fhe inventoiy be pledged? :.:Nr° . . • ;i•- If yes, specify to whom 3f. If a'corporation, are yod Seeking approval _Yes X_No' .• fOX_4nY.•7cAte stock. to be .pledged? If- yea;.•identify. to.whom'a'nd identify the number of,shares to be pledged. ` . - eoil78 SHIP INT$RSSTS :. r • _ . .4. Stpto. -OM following information for all persons or entities who will have any direct or. indirect ;:•:. Beneficial or financ al interest in »tki3sy.I iceneed'" t:7sft;p..w•:..,, ,' 'j_ 0. B.' -._.�.. ASSN' "' -`;.i .,! PhOn�'? Full Name. Home address Number i nrT MA . Arvind. B. Patel 231 ash street, L. :314 .,Q . ?' �F! ...:. �_ ,:i ^_q(C:i'.:,;L:.�,.: CM.� 'L. �}r•it'.1Jf1J v-(' 1"� ^.: :,-� .j' -� EA{ P 14a : D�e°E°i1 'e[i'Y= es,-u �oenef al-. i D,8 6 C8 ONO --26 �fied . in Queis t ::....« . I Wk 14 W11L1 navrp "L %.%u,0 aa..c..w... • - 'type of • :...— CIC .J .:r7:.. _. :',: ... e.. �:i' ,rrr_ •.M1 �]t Vi.^Yt; ..0 ,i r:.• .F Z�. License name and address .. .. ''M ._. _ __ _...._.._.._.._.. "1 financial' interest '• _ •Person or enEitjr eiia£ikal .or _ .— .�'?'� -.. .. sxr:��... .:::• _ �_ -..Crt , . Y ""r'.J}i�:.•x -.:7_: ;,T -s3: }rte _.. "�t'r� ^:a ".n:__- �,�_.._:•LZS • ..::;.__ '• ^-'- r'—.__ .._- r -.. •-• ._... ..._:._ .._...._:' :... -,. �•,; It Arvind B. Patel _•�. ! .n' , —':tai •.r.I�:.'li Wai' Vatehnodevi & Chira INC. -Owns •)t• _ \: _'_.. .. . YN ti1�.L 14b .. Does .any person or n ify" 1'"f c --" interest in any other license-granted under Chapter 138 ?•. �_No {If• es, provide the followin Yes Y g �. 'type of license License name and address - De.4e?tiptiori o£ Interest• <. Name .. _ ,_ .. ._. _ -_.. ...... _._ a.._ - _ .— .�'?'� -.. .. sxr:��... .:::• _ �_ -..Crt , . Y ""r'.J}i�:.•x -.:7_: ;,T -s3: }rte _.. "�t'r� ^:a ".n:__- �,�_.._:•LZS —':tai •.r.I�:.'li ..... •)t• .!. :14. \: _'_.. .. . �. C 4(r.'Has any person or, entity-named in Question 14 ever held a license.or a•beneficial ;.nteiest in a icense issued under Chapter 138 which is not presently held? _Yes .• X No (If yes, provide he following for each person or entity.) Type of Date ownership Name License License name and address :surrendered ad. Describe how all licenses identified in Question 14c were terminated (e.g.. transfer of ownership, 3n- renewal, surrender, etc.): le. Has any person or entity named in Question 14 ever had a license suspended, revoked,. or cancelled? —Yes X No :(If yes,• provide the following information) Date License Reason why the license was suspended,.revoked, or cancelled Ii. Has any person or entity named in Question 14 ever beein convicted of violating•any state, federal or Aitary law? _Yes )�_No (If yes, attach a statement of details.) a. Each individual applicant must sign. b. Applications by a partnership must be signed by a majoity of the.partners. ' C. Applicationsf by a corporation must be signed by an officer authorized by.a vote of the corporations Board of Birectors. d. Applications by an association must be signed by a majority of the members of the governing body. All signers must have answered•question 10. e. False information or failure to disclose are reasons to revoke a license or deny a license application. igned and subscribed to.under the penalty of perjury, this day. of Sig 3� The Commonwealth of Massachusetts IF t TheAlcoholic Beverages Control Commission 239 Causeway Street, Suite 200 Boston, MA 02114 Telephone: 617- 727 -3040 FAX: 617- 727 -1258 FORM A LICENSEE PERSONAL. INFORMATION-SHEET THIS FORM MUST BE COMPLETED FOR EACH: A. NEW LICENSE APPLICANT B. APPOINTMENT OR CHANGE OF MANAGER IN A.CORPORATION X 'C. .,TRANSFER OF LICENSE (RETAIL ONLY -SEC. 124 -SEC. 15) (Please check which transaction is the subject of an application accompanying this Form A.) ALL.QUESTIONS MUST BE ANSWERED AND TELEPHONE NUMBERS PROVIDED OR APPLICATION WILL -NOT BE ACCEPTED. 1. LICENSEE NAME ff:&I VAISHNODEVI & chirag, .INC. (NAME AS IT WILL APPEAR ON THE LICENSE) 2. NAME OF (PROPOSED) MANAGER ARVIND B.. PATEL 3: SOCIAL SECURITY NUMBER' •4, HOME (STREET) ADDRESS 231 ASH .STREET, READING, MA 01867 5. AREA CODE AND TELEPHONE -NUMBER (S): (Give both, your home- telephone and a number at which you can be reached-during the day). DAY TIME # 781 -944 -3149 HOME# 781.- 944 -3149 6. PLACE OF BIRTH: ANKLAV, GUJRAT ' ( INDIA) 7• DATE OF BIRTH: 'SEPTEMBER 04 1961 8. REGISTERED VOTER: X YES NO 8A. WHERE?: READING, MIDDLESEX 9. . ARE YOU A U. S. CITIZEN: X YES NO 10. COURT AND DATE OF NATURALIZATION (IF APPLICABLE): Eastern District of Louisiana 05/13/1 (Submit proof pf citizenship and/or Naturalization such as Voter's Certificate, Birth Certificate or Naturalization Papers) (Over) 1 11. FATHER'S NAME: BHAILAL BHAI P, PATEL 12. MOTHER'S MAIDEN NAME: PATEL 13. IDENTIFY YOUR CRIMINAL RECORD, (Massachusetts, Military, any other State or Federal): ANY. OTHER ARREST OR APPEARANCE IN CRIMINAL COURT CHARGED WITH A CRIMINAL OFFENSE REGARDLESS OF FINAL DISPOSITION: YES x NO (MUST CHECK EITHER YES OR W IF YES, PLEASE DESCRIBE- OFFENSE (S) SPECIFIC CHARGE AND DISPOSITION (FINE, PENALTY; ETC.) 14. PRIOR EXPERIENCE IN THE LIQUOR INDUSTRY: x NO IF YES, PLEASE DESCRIBE: Throughout college, worked in Schwegmann Giant Super Makket (NewOrleans) that has liquor.section. I worked -as clerk /supervisor and cashier. As cashier, .I rang up-sales of-alcohol and asked for proof of age, if deem( necessarp 15. FINANCIAL INTEREST, DIRECTOR INDIRECT, IN THIS OR ANY OTHER LIQUOR LICENSE, PERMIT OR CERTIFICATE: YES % NO IF YES, PLEASE DESCRIBE: 16. EMPLOYMENT FOR THE LAST TEN YEARS (Dates, Position, Employer, Address and 1f.known, Telephone Numbers): 1989- 1995 Siemens Medical Electronics, Denvers, MA ( Sr. HW Test.Eng•ineer 7995 -1999 VideoServer, Inc. Burlington, 'MA ( Sr. SQA Engineer 1999 -.2002 Lucent Technology, Inc Westfrod, MA-( Software Engineer ) 17. HOURS PER WEEK TO BE SPENT ON THE LICENSED PREMISES:. '40 - 50 hr,. 18. 1 HERBY SWEAR THAT UNDER THE PAINS AND PENALTIES OF PERJURY THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF. n / BY.: OSED MANAGER SIGNA FAFtESV.%UREgN.I WAUREEWORMS%FORMA. W PO 9/99 /- DATE uQ4s� 1 TOWN OF uTr.AnTmr _*JdAccACK1JSETTS 7 �IZ- ,a820�Jr TO THE LICENSING BOARD The urxisr signed lldonsee »'_ Q :wa�,� r« LI fYTQRS,G„ Inc,;,,,wd,(b�a,_NORTH, SIDE L, MUORS „w..;,,..w.....,.' mspedlully petitions for the transfer of the alcoholic beverages license now exemised by the said licensee at the following address: ww 134? Maifi Street Reading, MA 01867 ..» .•••..«.».... w. w»»..». w. r... w.. w. w.. w., w.. w. w. ww. w. r. www. wm.. ww...... ww. w«......._... w. w_.» w........ w.. .ww.wwwww.w..Mwwww. «..ww.ww..ww www...w , Of present licensee Is a corporation, fill In the following paragraph) The sold licensee Is a : orporation• duly organtmd under the.laws of the Commonwealth of Massachusetts, and-its officers, directors and stockholders, their residences, and sh4ma owned by each are as follows: FROM: (PLACE AN' BEFORE-THE NAME OF EACH DIRECTOR) (NAME) (ADDRESS) (SHARES) Joanrie_M. •Rohr 15599 AEpache Way�wµTeWksbur�, wML 01878 200• ProsldeM .•.w w.... ...w» »....w..w .»....» ...»....... .............. » ... »_ ...w: »...ww.w..w...w.w.....w ' »..... »... ».w »._..... »...w........... ....www,..... »_ »... 'Treasurer SAME .._ ..» .... »............................ _ . »..w.....w... »w... » w. ........w . »... _ .... clerk_...___........_ »...... ».._.ww_._....w.._ .....w ............ ..............:............SAME » ..... » ..... » ..... w.» ............ »__...». _.......... »......._......w.w ». w.....w,. » »..ww.... FROM: (NAME) (If present licensee Is an Individual or a partnership, fill In the following) (ADDRESS) (If proposed transferee Is a corporation, fall In the following paragraph)' The proposed transferee Is a corporation duly organlmd under the laws of said Commonwealth, pnd Its officers, directors and stockholders, their residences, and shares owned by each are as follows: TO: (PLACE AN • BEFORE THE NAME OF EACH DIRECTOR) (NAME) (ADDRESS) (SHARES) ASXIND..B.....PATF.Za....... 23.1 ... JL1§ .... 3treetw .btead3.rag.....MA...D1862I -.10.Q....... President SAME. ......siu.... » ................. ........................ _ ... » ............................................. .I......... ............. Tro ro SAME »... ................................... Clsrk ................................... ................................... ..... ............................... TO: (NAME) SAME (If the proposed transferee Is an Individual or partnership, fall in the following paislimph) (ADDRESS) The -above named proposed transferee. hereby Joins in this petition for transfer of said license, and respectfully petitions the Board to grant such transfer. SIGNATURE OFUCENSEE »NOrth Side Liq UOrB, Inc..CO,.•�C.iifi. "i (If a corporation, by Ib authorized representative. . If a partnership, all partners must sign) M SIGNATURE OPPROPOSEDTRANSFEREEjai •,,,Va19hnodeyi & »Cniracr, Inc .Arvind B. Patel (If a corporation, by Its authorized reprosgItiva. If partreret'Wetl partneni must sign) FORM 983. / �, JL William Francis Galvin Secretary of the Commonwealth � O U — One Ashburton Place, Boston, Massachusetts 02108 -1512 Lj'� u FORM MUST BE TYPED Articles of Organization FORM MUST BE TYPED (General Laws Chapter 1561); Section 2.02; 950 CMR 113.16) ARTICLE I The exact name of the corporation is: JAI VAISNODEVI & CHIRAG, INC. ARTICLE II Unless the articles of organization otherwise provide, all corporations formed pursuant to G.L. C156D have the purpose of engage ing in any lawful business. If you wish to specify more limited purposes, state them below. TO ENGAGE IN THE RETAIL SALES OF ALCOHOL AND BEER. ARTICLE III State the total number of shares and par value, ' if any, of each class of stock that the corporation is authorized to issue. All corpo- rations must authorize stock. If only one class or series is authorized, it is not necessary to specify any particular designation. WITHOUT PAR VALUE WITH PAR VALUE TYPE NUMBER OF SHARES TYPE NUMBER OF SHARES PAR VALUE Cornmo 100 `General Laun. Chapter 156D eliminates the concept of par value, houonw,, a corponuion may specify par value in Article 111. See ration 6.21 and the 1 commence rrkdve therrto.* I t P.C. uawr�w ARTICLE IV Prior to the issuance of shares of any class or series, the articles of organization must set forth the preferences, limitations and rda. tive rights of that class or series. The articles may also limit the type or specify the minimum amount of consideration for which shares of any class or series may be issued. Please set forth the preferences, limitations and relative rights of each class or series and, if desired, the required type and minimum amount of consideration to be received. NONE ARTICLE V The restrictions, if any, imposed by the articles or organization upon the transfer of shares of any class or series of stock are: WO)►1�1 ARTICLE VI Other Lawful Provisions; if there are no such provisions, this article may be left blank or state "None." NONE Note. Ae preceding six (6) articla are considered to be pernwnent and may ONLY be changed by filing apprvpriaur Articles ofMrcndmeirt Y ARTICLE VII Unless otherwise provided in the articles of organization, the effective date of organization of the corporation is the date and time the articles were received for filing If the articles are not rejected within the time prescribed by law. If a later effective date is de- sired, specify such date, which may not be later than the 90th day after the articles arc received for filing: ARTICLE VIII DECEMBER 10, 2004 The informarion contained in this article is not a permanent part of the articles of organization. a. The street address of the initial registered office of the corporation in the commonwealth: 1349 MAIN STREET, READING, MA 01867 b. The name of irs initial registered agent at its registered office: ARVIND B PATEL c. The names and addresses of the individuals who will serve as rhe.inkial directors, president, treasurer and secretary of the corporation: President: ARVIND B PATEL Treasurer: or an office of its transfer agent, ❑ ARVIND B PATEL Secretary: ARVIND B PATEL Director(s): ARVIND B PATEL NAME ADDRESS 231 ASH STREET, READING,. MA 01867 231 ASH STREET, READING, MA 01867 231 ASH STREET, READING, MAO 1867 231 ASH STREET, READING, MA 01867 d. The fiscal year end of the corpomcion:DECEMBER e.. A brief description of the type of business in which the corporation intends to engage: LIQUOR STORE F The street address of the principal office of the corporation i9349 MAIN ST, READING, MA 01867 g. The street address where the records of the corporation required . to be kept in the commonwealth arc located: 1349 MAIN ST, READING, MA 01867 ❑ its principal office; ❑ or an office of its transfer agent, ❑ its secretary/assistant secretary; ❑ or its registered agent. Signed this Name: (number, street, city or town, ,rate, sip code) Address: 231 ASH STREET, READING, MA 01867 , which is 2004by the incorporators whose name and address am listed below: q0L tq- ti COMMONWEALTH OF MASSACHUSETTS William Francis Galvin Secretary of the Commonwealth One Ashburton Place, Boston, Massachusetts 02108 -1512 Articles of Organization (General Lawn, Chapter 156D) I hereby certify that upon amminatiodof there Articles of Organization, duly submitted to me, it appears that the provisions of the Ceneral Laws relative to the organization of corporations have been complied with, and I hereby ap- prove said articles; and the filing fee in the amount of $ having been paid, said articles are deemed to have been filed with me this day of 20 at a.m. /p.m. time Effective date: (mart be within 90 days of date submitted) Examiner WILLIAM FRANCIS GALVIN Secretary of the Commonwea/tb Name approval Filing fee: $275.00 for up 'to 275,000 shares plus $100 for each additional C 100,000 shares or any fmcdon rhereoE M TO BE FILLED IN BY CORPORATION Contact Inforrna ;ion: PAM-01 I BUSINESS SMICE, 331 MAIN STREET WOBURN, MA 01801 Telephone: 781- 937 -9090 Email: paulatpadgett@conversent.net A copy of this filing will be available on -line at www.see.statc.ma.us /cor once the document is filed. u a�'0 cft r&, ,9&eee; Z000n, ✓/f=mckae= 02/3Y TO WHOM Tr MAY CONCERN: December 28, 2004 I hereby certify that according to the records of this office, JAI VAISNODEVI & CHIItAG, INC. is a domestic corporation organized on December 10, 2004, under the General Laws of the Commonwealth of Massachusetts. I further certify that then are no proceedings presently pending under the Massachusetts General Laws Chapter 156D section 14.21 for said corporation's dissolution, that articles of dissolution have not been filed by said corporation; that, said corporation has filed all annual reports, and paid -all fees with respect to such reports, and solar as appears of record said corporation has legal existence and is in good standing with this office. In testimony of which, I have hereunto affixed the Great Seal of the Commonwealth on the date first above written. Secretary of the Commonwealth APPOINTMENT OF ARVIND B. PATEL AS MANAGER FOR NORTH SIDE LIQUORS 1349 MAIN STREET READING, MASSACHUSETTS 01867 I, Arvind B. Patel being President, Treasurer and only member of the Board of Directors of Jai Vaishnodevi & Chirag, Me., do hereby appoint myself as manager of North Side Liquors, 1349 Main Street, Reading, Massachusetts. This is by vote of 100 shares of common stock (no per value) out of 100 shares, on this day, December 8, 2004. A0 AA B. Patel, 'dent iE <K as 11001 AUTHORIZATION FOR ARVIND B. PATEL TO SIGN ALL FORMS PERTAIIMG TO JAI VAISHNODEVI & CHIRAG, INC 231 ASH STREET READING, MASSACHUSETTS 01867 I, Arvind B. Patel being President, Treasurer and only member of the Board of Directors of Jai Vaishnodevi & Chirag, Inc., do hereby authorize myself to sign all forms pertaining to Jai Vaishaodevi & Chirag, Inc. 231 Ash Sheet, Reading, Massachusetts. This is by vote of 100 shares of common stock (no per valne) out of 100 shares, on this day, December 8, 2004. 9PaftL sid ent C C elf /c �.3 ,�a Floor Plan for North Side Liquors 1348 Main St., Reading, MA 1 P Beak Door sammi t stales �, 5112' Rest Room lout' 9' Storage g, 20' s' Cooler � 111n' Office Tut' old 8' • Storage Retail Sales Floor 10' Mat 241n' Counter Front Door 40' 581/2' Ole Mani .✓ . �< m o !t•' lei 'O Ct •� ♦ L . m COD cc tko o I r al CL Act C05 ,.: • W.f ,' . cc `4 .� »ti��. +r r. Sri a�i r .��•, S' I J . r'K1M - as Rig ai - s _ ti A�,. �.n-y, €tt 7 R ,-_• -S° t y �} / r/ .> r � F jr , . ; !�r IN • �/ t( ��14�Y4>jic f r i"''r..f ' yU,.y,' ,• :t ,,. �/.` y. Il�r .� l�.rFl �.�x �c /f ��L, y•o.•FkJ P'l/ .Yt��"7 "•-y n .f 1.0 -4Lf. F1/ _ f% �(If (/ ✓� , � +I` '-`.�1'v .(ri%� 'iI trl r/' .L{/ , /F It i � %%��Y "mi�.t o ]r� l o oC_'.. S2l i�S 5���C�' -=_� 'i'•�F;4Qi �J�, mss.+. '��'� _,,pp-�+•'w3. �tafz LSG%' U.76%i'� 'i /1��i /•r %", )4/1�,�, '� %�r - 7"�C� 'a T� _5^ ��f,�1l���••- ...�f:,(%��v"`- ✓����..�L ;� /'7 /7,�V`�(/'S Wit' ./ ti��t�^�'�'1 ;'4�R���.%i!I/X.�' y ,y°{ r� ��, t.r�1.y �yyTjrll����.�. ///J! -- r r� jy.� ,.. f / /,.. �r � - ^r %./ , ✓�'.:..;�r / '; �J - .:t��� � r� s � s . J � ,`�..r_fa. ., %1' rr•!- :..i!!lf�/`rT/��t(/.u! f�Y , �' rncifi ._G�/�V•�6',sn / /1%/J�i�!.vi�%.r �'/y/.. %r. � �ifl/ f7 /�j"',.�>�./'si.%�./v %l�r /'�' •.� /, i - � '.��.. -Y.gu3 Zf {',k• +yrfi r«��l.c•±�ti "�r�. �i ��i,'.;: •`- ,_�A��:r�.�ti .'.��'R'�'rG_'., s.'� t F'i,::.it r�3Vf Y�. �r Zlh /: � F:;.�% < /f _ c `l/�r. S .r`F'`'�`tr�t�3..t3,v�.-..;y.., ti,lx�• : ^,qv!k -r }.�>•, f{,ty - E- '�,�r�c r r � .=f � -s'x �.j -G3:'� S i M+ ,7 �,tf C � .�n .t� r t + r � _ i'� L"` `�f :'�lcXrvf {• � _ iy'iA�'�IDL,I�` ';�- •u ;S`�4�+�,r+�v'Kj'Lt�•3'� •. q3,1 -�q r�Zln. Pr•J"Sa �'� l: cq:.Y, Xiti -y�cV r.y F. a..i �t ✓'.. 'Y :" ! } i.., 2, A ?' f ,_t r " f.; � y� Y i ��uj!'rr!� � t' _�a.� '•'nrrl',c�,�$(t�y! F:� ?l SFR f,`"S �•.i',YnC2: ,:��T.7 t �: r' 7'�r ii_ i �i ^�• t'.YC Vii. ��... � ,if A: J yMf f ' F'.. � 2 4r 7 r' a �t .�. S-� .. "F �..(� i� r y �"•�QY'-1�..� {L'vtda ,�+'� t2 -•� °.. l i i �,r� � . t_ t� - ,: +, ry 3. r _ 1. �+ r � rtK ` � � Y r4`�{�^ • Ff' �.:,Sisi''! Y iL'" L'Y3 fit. .�.��1'r `r(�, I P � w7 }(i l :� Y 1 i�l �- n � 7 �� .'..r'I! � �l .i. ? J.. il� ,{ ��.. I U ..'i � _ iL� y! .� 11i =1 � . I ; %s. �:�.. .. ... ..':' "-..1 :� . r. �,: ya ,nvrt�t!n>•�4:v����2i:�+, -%%.1 �. t �� �� .n..�u`.L't� %SI:..:._e�_.r7.ur .:.L �..4r<�`y:C.ii :l.t�..�. 9 /.:i�" �•--. ...,__._._ , �_:. .ar5 r.. -�:ln, tom^!: :... ..._...�.lr�.:.l.:l�).. "�I�: 3 to i,� 4�•� �. �a Stotts 44% of h6ldinys '. rives rmAwmrrs M 0MtC0RP0RA110#- ,(0Mht).. WOW $17:950 $1,829.95 $4,806.00 $5,385.00 m AGERE'SYS INC a A• (AtGRA) investment Report 1.210 785.32 110.25 127.05 'October-1. 2004 - October 31, 2004 132.000 :Snvaioge 135015131 500.45 134.64 Online Fidellty:com 100.000 2.080 341,95, FAST( sin) - Automated Telephone 800- 5444565 ARVIND B PATEL Customer Service 800- 544 -6666 ANJU A PATEL e 01800 SYS INC (CSCO) 400.000 19.210 6,735.16 231- ASH ST 7,684.00 M E,M C CORP MASS (EMC) 100,000 12.878 READING MXM467-3628 1,154.00 1,287.00 ilttt����lti» k: �It��F��; t�tt!• ��tl��t; {,t�ll����t�ltt��Rl�!«! . • . 0001 CIAMPA t1f I i.ZKti1M.Ai w p'td4liit :%►CQ AND B PATEL AND -ANJU A. F?KMEL =: W" FlIGH'It ©F'SUIRVIVOI iSHIP • .. �If1�- Iiri111 ��,/����II,��� _ iiii� •��r " �i�iill���lif ••l�l••��lnii•r�•�iiYYiOili •' • "��� Aceount Sunmull lnconm Sunmiary RaailzMd Qa1ntl oss from Sale's 'Beginning value as of Oct 1 $129,962,43 Tt" Ptxiod YOW to Daft 71* Po tod Ya r to o to Change In investment value 4,384.96 Taxable Short-term gain $0.00 $73.32 Ending value as of :Oct 31 $134,347.38 -Dividends $27:47 $476.12,, Short-term loss - 1,517.00 - 2,421.06 Seca¢ gain 0:00 277.24 Net short - 51,617.00 - $2,347.74 Your commission -schedule. Silver Interest : 0:57 :::gm. Account eligible trades front Nov 2003'- 19'- Royalty trust payment .'A.'00 72:51 LongAerm gain' $0,00 $59.05 Oct 2004 Lt cap gain 0:00 .212.61 .Long= term-loss . 0.00 X48,58 Tax - exempt Net !o ig $0.00 -x.51 Amount you can - born -ow $62,973.50 Dividends' , 35101 •228:52 - -Mmilmum ratsihat could currently apply 7k% Total $87.06 $1,289:86 , ova M01 {87r f n at.0atab,t ai, IIGO t • . t}atobK 91, (6004 • ootebrf af, 4604 P" pit uns Dot" = TOW TOW YNw .TONI Chat Ool� 1, 2M row YMw OdAbW 91, 2M Stotts 44% of h6ldinys '. M 0MtC0RP0RA110#- ,(0Mht).. WOW $17:950 $1,829.95 $4,806.00 $5,385.00 m AGERE'SYS INC a A• (AtGRA) 105.000' 1.210 785.32 110.25 127.05 u AGERE SYS INC CL 8 (AGRB) 132.000 1.150 500.45 134.64 151.80 ALTAIR NANOTECH INC COM 100.000 2.080 341,95, 151.00 208,00 181N #0A0213731056 (CANADA}'(ALTI) e 01800 SYS INC (CSCO) 400.000 19.210 6,735.16 7,240.00 7,684.00 M E,M C CORP MASS (EMC) 100,000 12.878 1,164.95 1,154.00 1,287.00 0001 CIAMPA t1f I i.ZKti1M.Ai w nA to nnn 041029 0001 135015131 0418 000 Page 2 of 5 Fidefitv. invesUmnt Report � H ves rn�rwrrs�I. - October 1,;.2004 - October 31,•2004 Fidelity Account" ARVIND B PATEL AND-ANJU A PATEL-- WITH RIGHTS"OF SURVIVORSHIP Haldl�lgs *,*m 6 u of 0o06bW 31, 2004- oowb..� � QU-ft Gaoo.r a1,, =* Price WO 31, r2004i Tow cxn earls 0 _ 1.20004 Oao .rat 2M GSV INC` (GSVI) 80:000 ' 0:270 6,219.95 28.00 21.60 M HOME DEPOT INC (HD) 100.000 41.080 2,389.95 3,920.00 4,108.00 M INTEL CORP (INTQ) 300:000 22:260 6,953.78 6,018.00 • 6,678.00 M JUNIPER•NETWORKSiNC (JNPR) 200.000 26.610 026;95 4,720.00 5,32200 M LUCENT TECH INC (LU) 800.000 3550 2,686.03 2,536.00 2,840.00 M MICROCHIP TECH INC (MCHP) 79.000- 30:250 2. 019.95 2,120.36 2,389.75 w MICROTEK-MED HLD(IS INC COM (MTMD) 200.000' 3.700 426.95 642.06 7.40.00 M MILLENNIUM PHARM iNC •(MLNM) 300.000_ 12:980 4,105.85 4,101.00 3,894.00 m 'NASDAQ 100 TR UNIT SER 1 (QQQ) 200:000 ' 36.900 7,010,53 7,028.00 7,380.00 w NAVARREE?CORR (NAVR) 300.000 •15:000: 1,858.95 4,347.00 4,500.00 u ORACLE CORPORATION •(OACL) 150.000 12.660 1,918.19 1,692.00 1,899.00 a QWEST COMM INTL INC (Q) 100.000 3.420 1,258.95 333.00 342.00 w SONUS- NETWORKS-INC- (SONS) . 100.000 5.900 -671.95 563.00 590.00' u SUNMICR03YSTEMS ING' (SVNW)' r 30(?i000: 4:500.. 971:95 1,212.00 1,350.00 s VALENCE TECHNOLOQY 1NG(VLNO) 10.000 .3 220 ` 533:95 344.00 32200 w VICALiNC (VIOL) 200.000 5.070 4558.65 960.20 1,014.00 w . VIROLOGIQ INC OC COM (VLGC) 200.000 1.810 330.95 400.00 36200 WORLDCOM INC GA NEW WORLDCOM GROUP COM 1,500.000 0.000 6,897.75 0.01 0.01 NO STOCKHOLDERS EQUITY 04/20/2004' WORLDCOM 1140 GA (MCI.GROUP) 4:000 0.000 1.83.88. 0.00• 0.00 NO STOCKHOLDERS EQUITY•4120104 Mutual Funds 55% of holdings: SPARTANIMASS-MUNI MONEY.MARKET (FMS)X) 7-day yield: 1.35% 6,199.900 1.000 not applicable 6,193.12 6,199.90 • SPARTAN MASS -MUNI MONEY MARKET (FMS)X) 7-day yield: 1.35% 29,469.850 1.000 not applicable 29,437.62 29,469.85 • FIDELITY SMALL CAP STOCK (FSLCX) 562.473 17.080 9,099.89 9,421.42 9,607.04 FIDELITY CASH RESERVES (FDRXX) 714ay yield: 1.45% - 10,330.380 1.000 not applicable 10,317.91 10,330.38 • FIDELITY DIVIDEND GROWTH (FDGFX) 329.214 26.830 .8,166.20 8,711.00 8,832.81 Ail FIDELITY REAL ESTATE INCOME (FRIF)Q 494.714 11.730 5,772.12 5,743.63 5,803.00 w AMER CENTURY TARGET MATURITIES TR 2005 (BTFIX) 39.766 99.670 4,193.96 3,957.11 3,963.47 041029 0001 135015131 0418 000 Page 2 of 5 Fidef!IV NV6aYmEmra mw .Investment Report _ . 2004 v r- , 2 vetnbsr•1� -. 8ti4eToper 135035038 Orili fie :: Fidefity:com ' Te one . FASTEsq�- Automated leph 800 - 544 -5555 AF[WND BPATEL ' : CustomerServlce 800 -544 -6666 _ ANJU A PATEL: 231 ASH ST ; : . - . . - :•- Messages ;. READING MA 0'1867 ,3626` Take conW/ of yourredrernent savings today. See if you're on back with a free 111oir�dlGhrt��l���I„ C1rI��rrJI L- 11,���l�lll���l�l�rl Retirement Quick Check Call 800 - 544 -5650 b s to a Retirement S mist P :, .. today- :.. . f�idiprlitji�'lk���I>sii�•"� -kt�� ��iT�t �:� �►[�i;i�%ARi�`�:�'� �f:�l��:t�l:�::.�.. - _ _ _•- _ i - _ .s:, i � �y;: ':•F•r,.ro:'S. - :�M p' =•c_r ;.a:.:•.: ��5t%•.�_iKi7' h%. ✓�+/.rn;,•.,; ..- v:•i�s: _�:_ ._ _ -,.- ... -, � A unt Stir m" nary Incowo Solt miry- It"B sd G&W"" from Sales Beginning:value as:of NOw1. - $134,347.39 TMePeftd YwtDAMS nftPeftd Yew too a Witlxlrawals - ib,S00:00. TBziiiil4i . ., _ . ShorC=teini.9sin '$0.00 $73.32 Change in investit ent value..-w. 3,893.22• , Dividends _ $ #U:4 _ $ 86f57 Short - terra Ibss . 0.00 - 2,421.06 Ending value assofi lVov 3t1 - -: $127,740,61.. St-cap gain ': OA©, 277:24 Net AiUrt . ` 40.00 - $2,347.74 Interest I:U6 3:92 Your corrirnission schedule Silver Royalty:trW -' payment. :. : Ad 72.51 Long -term gain. $0.00 $59.05 Axount eNgibie•trades--frorrt Dec 2003 - 19 Lt cap gain 0.00: 21261 Long -terfn loss 0.00 - 348.56 Nov 2004 ..:.. : Tax- exempt' -Net long - $0.00 4128951 Dividends 55:33 264.45, Arnountyou_dan-bonow . $62,973.'50: Total $47:44; .$I,317:8F1'. _ Maxirrlum• rate that:Eould-:curtentiy apply 7:829.6 kw.n4�r . 1'IOIdli�gil • (eyiriboR u eF NovwnbK3i1, 2004 '. Nov rt86 i v.mb.i st ar - - • Ptlaptn UniR- Novinifie8o;• _ ToW.WIw . TOW VNue : T6w ion e.:% . - NOIhn r 1.2M Na WdW 30,1004 Stook�i. �48'X of.liirfdii�gst - .� " .. w OMI•CORP6r3'ATION - jbijO 300:000- :¢2#.370': •$1,82$.95 $5,385.00 $6,411.00 w AGERE SYS INO CL A (AGRA) 105.000 1.3y0 785.32 127.05 143.85 m. AGERE SYS'INC-CC.B.(AaRR) 132000 1.360 500.45 151.80• 179.52 ALTAIR-NANOTECH ING OM .. 100:000. 2.820 .: 341-.95" . • 208.00 282.00 ISIN #(-A0213731056-(C "flA) (AL•TI)• : U c sYS INC (CSCOj .400. 0 7tl ,35rsCO . 7,500.00 :� 0001 � � 041130 0001 135015038 0418 610 Paoe 1 of 6 A-00 FidoMtK �rvvESrwtEwrrsr" Investment Report M 'E M C CORP MASS (EMC) 1:00.000 13.420. 1,164.95 1,287.00 OSV:INC- (08.Vh) > 80.000' 0.250: 6,219.95 21.60 u .HOME'6EPOT`IN (HD) 10.Q00`0 :. ' 41.750 ' 2,359.95 4,108.00 w INTEL CORP '(INTO) 300:000 22:300 - 6,953.78 6,678.00 `JUNIPER ;NETWORKSINC(JNPR) 200:000 27.580 - 1,726.95' 5,322.00 u 'LUCENf'7 RCN NO (i'Ufi: ' 800:000 6930: ;' 2,$86:03 2,840.00 w MICRt5GFIIP lVWlNG;:(kACHPj,: 79 Ob0 28180 ' " ".2, 19 :95 2,$89:75. M MICROT .kC 'i HLI.6: INC COIGF(MTAAD� . 20a.OD(S 44:80 426 95 74040 M °�i�IIME - "Il1M �FfARyf ING= (Ml 300: ©OU :12 06' 4,105 :85' 3,$94:00 w':NASB'AQ iEfO T1fi NIT-SER l-( Q).. 200:000 33 122 7,410;53 . '. 79380:00 ' 'VI EE-CORP (NA' .. 300:000 . }7n30' 4,500.00 M OFtA�LE GO' 060 4TIG1fV .(©RCL} 150 Q0 1'L740 1.918.19 1,899.00• M 4tS�COMRA ik(Ft11�E (Q) 1000Ei:. �1 :0 00' 1,258:95" ,. 342.0G. g., soNtlS IETWOFtKs ITS' (30yS 1Q. 000 ''6610, 671.95 590.00 w 'SUNiRiIIC1iOS�l9fEkA91NC {SUI _ - $IIE.O ^5'50 971 1;5 1;350:00 m VALEN . NMO(3Y'INC`(1/CNC)'' - c�E 014 V00:000 800'' 593sfl5 322.00. n VICAL INC (VICL•) . 200:000 4.280 - 2,558.85 1,014.00 m •VIROL•OQIC- INC'OCCOM (VLaC). 200.000:. 21D0' • 330:95 • 362.00 WORL'D¢OM (N NEIK1NbRLDCOMGFiOUP CCSM .. ,' : 1;500:000 0 Ob0 6,897:75 0.01 • STOCItHCiLDER$:fQUI'I?P'.: - . WORt C M INE 43�E{MCI f3FlOUP) :: - y'E100 :' :: 0 000= 18 .$8' • ' 0.00 :.G ..... - NO ;�OCKWOI�Et���1F1'Y•`� . 807: < ;.. ; . ' - :. AAutuel F+r�dg3`1.9� o>t h�js- _ . ... ... :: •- . - SPAikA_ N MASSpI MONEY MARKET EFM8)OC) --day yield 1.2996 i,,2A :9 f1 � 1 0l10' not ." k&e - 6;199.90 M SPARTAN- �AASS&i' UNIMONEY .'MARK- ET'(FMS)OO 7- dayyleld: (2996 29,500:700• ' 1.000' not applk:able 29,469.85 M FIDELITY SMIAtL t;AP STOCK (F$LG)) 562.473 18.170 > = �J,099:88 9,607.04 FIDEt:ITYCASH RE'S1 =RVES (FDRXX} 7 day yield 1.61 % 5�34fli530 - ' : 4.000 not applicaYile 10, 30.38 M FIDEUT'Y DIVIDEND C ROVIITH (FDG ' ' 329:214' 27:780 :'' Sr166:20 8,832.81 M FIDELITY :F2tcALES- �4TEIFJCC3ME:{FRIF)0 494.714 11:860 5,772 12•' 5,803.00 M AMER CENTURYTAFtt3ET MAfUAMES TR•2005 (iitFi)0 ' `� 39.766 -99.490 4,193.96 3,963.47 041130 0001 135015038 0418 010 Page 2 of 6 1,342.00 20.00 4,175.00 6,714.00 5,512.00 3,144.00 2,226.22 816.00 3,786.00 7,824.40 5,109:00 1,911.00 400.00 661.00 1,665.00 360.00 856.00 420.00 0.01 0.00. - 1,204.98 29,500.70 10,220.13 -5,340.83 9;145.56 5,867.31 3,956.31 VTI NVESTMEWTs Invealment Report r • [>efeiiitiar:,.2004 'December 31,2004 envelope :135415474 Fidel(ty corn Online .. . ' - ; FAST {sjtlj= Automet+dd Telephon 800- 5445555 ARVIND 3F Custarriei' Service 800- 544 -6866 _ AN4U' A PATEL` - , . 231 ASH ST - ':. READING MA:Ul867 -3626.__ ..:.. ••-• 14d"10F itrCio t�" - aR�ri a a ry r c RSNi� ' .rr .. .. ..;r. _ v�,.i 1' ' %s` ^:'•_,t= •YVr•:'' '•xi:✓ `Y .. - ..; =`.: A ..c �T, ..41::i►�tx...� k� ���4,r.,a��;ti.. i� ,vi +� - a.:.: r .: =' -: ',. r �,• _ , •.... ■ i ili�r�i i i iii i . i viii' Aero int Sunwnary Income SunwnwT Redbed GlaInLass hvtn Saps Beginningvaliiii as of Dec`i $127,740.61 TWPoftd . YOW1100" ThkParW Yew 10 Do* -Cliarigs in investment value - 383:93 - "Taxaeble Short- term.gain $0.00 $73.32' Ending valao 'of Dec 3'I" $129,124.64 Dividends $464$5 "• $950;92. Short tenrrbes -18.43 - 2,439.49 St cap -gain 3937 316.61- ._- Net short - $18:43 - $2,360.17 Your. commission schedule: Silver Interest ' 0 76 4.68 Account,*ible trades from Jan 2004 - 17 Royalty trust payment .. —0.00. -0.00. 7251• Long -term gain $0.00 $69.05 Dec 2004 Lt cap gain 326.41 539:02. Long-term •bss '392.64 -- 741.20 - Tax- exempt Not long .$392.84 4882.15 Amount you can borrow ' $60,900:52- Dividends .34:79 :298.24 Maximum rate- that.could currently apply 2.00% Total $8$4A8 $21181.98 - WHoteriinw N puaritlt�r, "WUPR raw Yak* TONV" � �a aE Daoambar 81 2D04 Daoawiw 31 9004 Dwambw 91 2004' wurbw$1 '0 t ' T*4W Coo Saik{ Oaambw 1 9004• D""AW 81, 9004 Stocks .48%.of ho1dblgs U OMI CORPORATION. (OMM) 300.000 $16.850 $1,829.95 $6,411.00 $5,055.00 v •AGERE SYS [NO-CL A (AGRA) 105.000. 1.370: 785.32 143.85 143.85 rr AGERE SYS INC CL 6 (AbAB) 132.000 1.350 500.45 179.52 178.20 ALTAIR NANOTECH INC COM 100.000 2.710 341.95 282.00 271.00 ISIN #CA0213731065 (CANADA) (AL-n) s CISCO SYS INC (CSCO) m E M C CORP MASS --(EMC) 400.000 100.000 19.320 14.870 6,735.16 1,164.95 - 7,500.00 1,342.00 7,728.00 1,487.00 f .� 0001 041231 0001 135015474 0418 020 Page.1 of 6 nFidefitir •ivvsariwiFowrsl/ Investment Report December l,. 2004 - December 31, 2004 Fidelity Acaounts'" AVIND B PATEL AND ANJU A PATEL - WITH RICHTS'OF SURVIVORSHIP a.nrm a um Quway aa10. * unB TOw Vskm Taw Yagw Holdings -mvmb nom at ommmtw si. 2004 D. bmr 041, 2004 December 31 2004 Decendw 81 2004 Taw Cost Bois Oacen** 1 2004 a, GSV INC (GSVI) M HOME DEPOT INC (HD) Y INTEL CORP (WC) M JUNIPER NETWORKS INC (JNPR) M LUCENT TECH -INC (LU) : a MICROCHIP TECH INC (MCHP) m MICROTEK MED HLDQS INC COM (MTMD) m; MILLENNIUM PHARM.INC (MLNM) u NASDAQ.100 TR UNIT SER 1 (QQQQ) w NAVARREE CORP •(NAVR) M ORACLE- CORPORATION. (ORCL) w QWEST COMM INTL INC (Q) M •BONUS NETWORKS INC.(SONS) w SUN. MICROSYSTEMS- INC- (SUNW) a VALENC9:TECHNOLO0Y•INC (VLNG) M VICAL INC (VICL) w VIROLOGIC INC OC COM (VLGC) WORLDCOM INC GA NEW WORLDCOM GROUP COM NO STOCKHOLDERS EQUITY 0420/'1004 WORLDCOM INC GA (MCI - GROUP) NO STOCKHOLDERS. EQUITY 4/20104 Mutual Funds 48 %.of.holdh igs SPARTAN MASS MUNI- MONEY MARKET (FMWOQ • SPARTAN -MASS MUNI MONEY MARKET (FMM) • FIDELITY SMALL CAP STOCK (FSLOX) FIDELITY CASH RESERVES (FDRkQ • FIDELITY DMDENDGROWTR (FDGFX) • FIDELITY REAL ESTATE INCOME (FRIFX) 0 80.000 0.300 6,219.95 20.00 100.000 42.740. 2,369.95 4,175.00 300.000 23.390 6,953.78 6,714.00 200.000 27.190 1',726.95 5,512:00 ' 800.000 3.760 .2,686.03. 3,144.00 79.000 • 26.590 ."2,019.95 2,226.22 200.000 4.060 426.95 816.00 300.000 12.140 4,105.85 3,786.00 200.000 39.915 7,010.53 7,824.40 300.000 17.600 1,858.95 6,109.00 150.000 13.720 1,918.19 11911.00 100.000 4.440 1,258.95 400.00 100.000 5.730 671.95 661.00 300:000 5390 971•.95 • 1,865.00 '100:000 _ -3:1'10 > 533:95 360.00 200:000.: 4:700.: .. 2,558.65 • 856.00 200.000 2.790 330.95 420.00 1,500.000 0.000 6,897.75 0.01 4.000 0.000 183.88 0.00 24.00 4,274.00 7,017.00 5,438.00 3,00800 2,100.61 812.00 3,64200 7,983.00 5,280.00 2,058.00 444.00 573.00 1,617.00 31.1.00 940.00 558.00 0.01 0.00 7- dayyield. 1.53% 1,206.310 1.000 hot applicable 1,204.98 1,206.31 7-day yield: 1.53% 29,533.160 . 1.000 . not applicable 29,500.70 29,533.16 581.117 18.160 9,431.75 10,220.13 10,553.08 7-day yield: 1.83% 5,348.800 1.000 not applicable 5,340.83 5,348.80 332.397 28.490 8,255.09 9,145.56 9,469.99 505.284 11.800 5,895.79 5,867.31 5,962.35 Core Account 4% of holdings CASH e For bafances between $5,000.00 and $9, 999:99, the current interest rate is 00.95 %. 1 0412310001. 135015474 0418 020• 5,108.180 1:000 not applicable 19046.79 5,108.18 Page 2 of 6 DIgItW F90rel Credit Union ARVIND PATEL 231 ASH STREET READING MA 01867 Share 1 PRIMARY ACCT DIRECT INQUIRIES To DCU DIGITAL FEDERAL CREDIT UNION 220 DONALD LYNCH BOULEVARD PO BOX 9130 MARLBOROUGH, MA 01752 -9130 800/328 -8797 Statement'of Account Period begin date: 08• -01 -2004 Period and date: 09- 30-2004 Account No. Eff date Pbst Transaction Description Withdrawal Deposit Balance 08 -31 -04 Previous Balance- 5.00 b9 -30 -04 New Balance 5.00 Certificate 2 .7M Promo Jumbo Note f Eff date Po9t Transaction Description Withdrawal Deposit Balance 08 -31 -04 Previous Balance 87585.09 09 -30-04 Deposit Dividend 158.95 87745.04 69 -30-04 New Balance 87745.04 Matures 12 -22 -04 Dividends of $701.62 have been paid year -to -date. Certificate 3 - 118 Promo Reg • Note. I Eff date Post Transaction Description Withdrawal Deposit Balance 09 -03 -04 Previous Balance 0.00 09 -64 -04 New Certificate 13799.67 13799.67 09 -30-04 Deposit Dividend 90.25 13828.82 09 -30 -04 New Balance 13$29.92 Matures 08 -04 -05 Dividends of $30.25 have been paid year -to -date. -L- - - - - --- ------------------------------------- ------- --- --- - - - - - -- --- - - - --- Everyone is saving for something. What.better way to do that than at DCUI DCU offers high 'Certificate rates, several•terms, and low minimums. Find out which one is right for you by calling us at, 800.328.8797-or stop by a branch.'For more details visit www.dcu.org. NCiN . Id n2017 ARVIND PATEL 231 ASH STREET READING MA 01867 Share 1 PRIMARY ACCT DIRECT INQUIRIES TO: DCU DIGITAL FEDERAL CREDIT UNION 220 DONALD- LYNCH BOULEVARD PO BOX 9130 MARLBOROUGH, MA 01752 -9130 800/328 -8797 Statement of Account Period begin date: 11- 01-2004 Period end date: li -30 -2004 Account No. Eff date Post Transaction Description Withdrawal. • Deposit Balance 10-31 -04 Previous Balance 5.00 11 -30 -04 ------------------------7-----------------------------------------------=------- New Balance 5.00 Share 5 FREE CHECKING 12745790 Eff date Post Transaction Description Withdrawal Deposit Balance 05-21-04 Previous Balance -0.00 11 -06-04 Deposit 500.00 500.00 11 -30 -04 New Balance. 500.00 ----------- - - - - -- Account Summary. ----------------- Balance as of last statement 0.00 1 Deposits and other credits 500.00 0 Checks 0.00 0 Other Withdrawals 0.00 Balance as of this statement 500.00 • ----- - - - - -- Deposits and Other Credits ----- - - - - -- Eff Date Amount Eff Date Amount Eff.Dats Amount Eff Date Amount 11 -06 -04 500.00 ------------------------------------------------------------------- Certificate 2. 7M Promo Jumbo Note # --- --- - - -- - -- Eff date Post Transaction Description Withdrawal Deposit Balance 10 -31 -04 Previous Balance 87910.63 li -30-04 Deposit Dividend i60.55 88071.18 11 -30 -04 New Balance 88071.18 Matures 12 -22 -04 Dividends of $1027.76 have been paid year -to -date. Certificate 3 1114 Promo Reg Note# oo Account ARVIND PATEL •, Page Eff date Post Transaction Description Withdrawal Deposit Balance 10-31'04 Previous Balance 13864.73 11 -30 -04 Deposit Dividend 33.77 13898.5C 11 -30 -04 New Balance 13898.50 Matures 08 -04 -05 Dividends of $98.82 have been paid year-to -date. Certificate 5 11M Promo Reg Note if Eff, date Post Transaction Description Withdrawal Deposit Balance 10-31 -04 Previous Balance 16031.2C 11 -30 -04 Deposit Dividend 39.05 16070.25 11 -30-04 New Balance 16070.25 Matures 08 -16 -05 Dividends of '$59.84 have been paid year -to -date. -----------------------------------------.----------- -- - - -- -- ----- ---- -- -- -- - -- -- Thousands of DCU members have made their life easier by using FREE Bill Payer. Give it a try, and at the same time enter to-win a Hawaiian Vacation. See enclosed details or go to www:dcu.org. �a3c. 4 , iy Digital Federal Credit Unlorl nl Nell illnlnilnln ,lnllnll.n,l,l,ll aull aullln,ll ARVIND PATEL 231 ASH STREET READING MA 01867 Share 1 PRIMARY ACCT DIRECT INQUIRIES TO. DCU DIGITAL FEDERAL CREDIT UNION 220 DONALD LYNCH BOULEVARD PO BOX 9130 MARLBOROUGH, MA 01752 -9130 800/328 -8797 Statement of Account Period begin date: 12 -01 -2004 Period.end date: 12 -31 -2004 Account No. Eff-date Post Transaction Description Withdrawal Deposit Balance 11 -30 -04 Previous Balance 5.00 12 -31 -04 New Balance 5:00 -------------------------------------------------------------------------------- Share S FREE CHECKING 12945790 Eff date Post Transaction Description Withdrawal Deposit Balance 11 -30 -04 Previous Balance 500.00 12 -22 -04 Deposit Transfer 88183.74 88683.74 Transfer From-Your Cart 2 12 -31 -04 New Balance 88683.74 ----------- - - - - -- Account Summary --------------- -- Balance as of last statement 500.00 1 Deposits and other credits 88,183.74 0 Checks 0.00 O+Dther Withdrawals 0.00 Balance as of this statement 88,683.74 ----- - - - - -- Depotfts and Other Credits . --- -- - - - - -- Eff Date Amount Eff Date Amount Eff Date Amount Eff Date Amount 12 -22 -04 88183.74 -------------------------------------------------------------------------------- Certif1cate 2 7M Promo Jumbo Note > Eff date Post Transaction Description Withdrawal Deposit Balance 11 -30-04 Previous Balance 88071.18 12 -21 -04 1222 Deposit Dividend 112.56 88183.74 12-22 -04 Withdrawal Close Certificate 88183:74 0.00 12 -31 -04 New Balance' 0.00 Matures 12 -22=04 * ** CLOSED * ** Dividends of $1140'.32 have been paid year -to -date. --------------=----=------------------------------------------------------------ 3 ********* rtrtrtrt##*#** rt# rt####** rtrt*## rtsrtrt## rtrtrtrt#** t#* * * * * * * * # *rt * * * * *rtrtrt * * * * * * # # # * * ** It's easy to drive that cpr you've been looking atl It starts with a DCU Auto Loan. So don't shop•for a car till you:see usl Apply online, by phone or at a DCU branch. 0 I a �a34 Certificate 3 .11A Prmo Reg Note f Eff date Post Transaction Description Withdrawal Deposit Balance 11 -30-04 Previous Balance 13898.50 12 -31 -04 Deposit Dividend 34.98 13933.48 12 -31 -04 New Balance 13933.48 Matures 08 -04 -05 Dividends of -----=-------------------------------------------------------------------------- $133.81 have been paid year -to -date. Certificate'5 11M Promo Reg Note # Eff date Post Transaction Description Withdrawal Deposit Balance 11 -30-04 Previous Balance 16070.25 12 -31 -04 Deposit Dividend 40.45 16110.70 12 -31 -04 New Balance 16110.70 Matures 09 -16 -05 Dividends of ----------------------------------------------'---------------------------------- .100.29 have been paid year -to -date. Dividends and Interest Paid for 2004 Share 1 PRIMARY ACCT 0.00 Share 5 FREE CHECKING 0.00 Cer•t 2 7M Promo Jumbo 1,140.32 Cei't 3 11M Promo Rep 133.81 Cert 5 11M Promo Reg 100.29 Total Dividends Reported as Taxable 1,374.42 ********* rtrtrtrt##*#** rt# rt####** rtrt*## rtsrtrt## rtrtrtrt#** t#* * * * * * * * # *rt * * * * *rtrtrt * * * * * * # # # * * ** It's easy to drive that cpr you've been looking atl It starts with a DCU Auto Loan. So don't shop•for a car till you:see usl Apply online, by phone or at a DCU branch. 0 I a �a34 d 1. 2. PARTIES This'ASSET PURCHASE AGREEMENT (the "Agreement ") is entered into on this 44A- day of Dtcern &-,r 2004, by -and between North Side Liquors, Inc., a Massachusetts corporation, c/o Joanne M. Roy, with an address of 159 Apache Way, Tewksbury,. Massachusetts 01876 d /b /a North Side Liquors ( "Seller ") and Jai Vaishnodevi & Chirag, Inc., a Massachusetts corporation, c/o Arvind B. Patel, with an address of 231 Ash Street, Reading, Massachusetts 01867 ( "Buyer "). PURCHASE AND SALE Seller agrees to sell and Buyer agrees to buy substantially all the assets (the "Assets ") of North Side Liquors,. Inc. (d /b /a North Side Liquors, the "Business ") located at 1349 Main Street, Reading, Massachusetts.01867. 2.1 Purchased Assets. The "Purchased Assets" shall mean the following assets used in connection with the business on hand at the Subject Premises, as defined herein: a) The machinery, equipment, and other personalty listed on attached Exhibit A to this Agreement and used in connection with the package store business North Side Liquors operated -and conducted by Seller located at 1349 Main Street, Reading, Massachusetts (the "Subject Premises "); b) The general 'intangibles and goodwill associated with the Business of the Seller including, without limitation, the right to apply for a Lottery License and a Liquor License. Excluded from the Assets are: a) All of Seller's business bank accounts and cash on hand; b) All of Seller's prepaid fees and deposits for utility services, insurance, licenses, and other such fees and deposits. 2.2 Purchase of Inventories at the Closing. In addition to the Purchased Assets, Buyer shall purchase,. for a separately stated purchase price to be determined in accordance with the provisions of this %A � a03 Section as set forth below, - substantially all inventories of the Business on hand at the Subject Premises at the time of Closing (The "Inventories "). The purchase price for the Inventory shall be at Seller's cost as verified by its Inventory Records. The inventory shall be taken by Seller and Buyer, or their respective representatives. The verification of Seller's cost and the physical inventory shall take place immediately prior to Closing. 3. PURCHASE PRICE The agreed purchase price for the Assets described in' paragraph 2 above and the consideration for the non - compete agreement (see paragraph 8) agreed to by Buyer and Seller is $100,000.00 Said purchase price shall be payable as follows: a) $5,000.00 - deposited with Vernon A. Martin, Inc.(the "Broker ") to be held in escrow pursuant.to this Agreement; $5,000.00 additional deposit at the time of the signing of the'Purchase and Sales Agreement; b) $90,000.00 at closing in the form of a certified check or bank cashier's check. 4. CLOSING ADJUSTMENTS At closing, all items normally adjusted upon the purchase of a business shall be made, including: a) Rent security deposit and other amounts due pursuant to the Lease; b) Utility charges and deposits; c) Inventory on hand minus invoices for items purchased; Inventory Agreement attached (Exhibit B). 5. 'CLOSING The closing shall take place at the office of Vernon A. Martin, Inc. located at 200 Corporate Place, Peabody, Massachusetts on or before February 20, 2005. Provided Buyer is diligently pursuing all licenses-and approvals as described in this agreement, Buyer may extend the closing date until such time as licenses and approvals have been obtained. In the event Buyer has not obtained said licenses and approvals by April 30, 2005, Seller may terminate this Agreement by written notice to Buyer. O 2 �ou� 6. CONDITIONS OF SALE The Buyer's obligations under this Agreement are contingent upon the following: a) Execution of a lease for current business location ' satisfactory to Buyer; b) Obtaining approval from the Town of Reading for the transfer of Seller's currently held liquor license; c) Obtaining approval from the Massachusetts ABCC for transfer of Seller's currently held liquor license; d) Obtaining approval from'the Massachusetts Tottery Commission for permission to sell lottery tickets at the premises.- 7. CONDUCT OF BUSINESS Seller warrants that, pending the closing and since the date of the acceptance of the offer, Seller shall: a) Conduct the Business in its ordinary course; b) Enter-into no contract or incur any commitment for the Business extending beyond the closing date (except for the normal reorder of inventory) without Buyer's consent; c) Except as requested by Buyer,-maintain the Assets of the Business in substantially the same condition as at. present, reasonable wear and tear excepted; d) Except as requested by Buyer, use best efforts to preserve the Business organization intact, and to preserve the goodwill of the suppliers and customers of the Business; e) Perform all material obligations under agreements relating to or affecting its assets, properties, and rights; f) Keep in force.all insurance on the Business through the time of closing; g) Provide the Buyer with full access to the books and records of the company and full disclosure of all financial information; h) All tax returns have been filed by the company and a 3 Au%o l' Certificate of Good Standing is obtained from the Massachusetts Department of Revenue; i) The Seller is in compliance with all Federal and State laws related to the conduct of its business; j) No collective bargaining agreement exists; k) No leases exist other than for the property lease. Buyer acknowledges that despite Seller's efforts Seller cannot ensure Buyer that all suppliers and customers of the Business will continue to deal with Buyer after the closing. 8. COVENANT NOT TO COMPETE Seller agrees, as part of this Agreement, not to engage in the liquor store business for a period of two years and not within two miles of the business premises in Reading. 9. LEASE Buyer is exclusively responsible for negotiating a new lease for the Premises with the landlord.. Seller will cooperate with Buyer and landlord in the execution of such new lease. 10. WARRANTIES AND REPRESENTATIONS OF SELLER a) Seller will warrant and defend the title to said Assets described in paragraph 2 against the lawful claims and demands of all persons and shall deliver to the Buyer at the closing a Bill of Sale in the form attached hereto as Exhibit C which is incorporated herein by reference, conveying good title to said Assets, free from all encumbrances; b) Seller further warrants and represents that there are no claims threatened or pending in any court against any of the assets being sold herein and to the best of her knowledge there are no known circumstances which would adversely affect the business in the future; c) Seller further-agrees to indemnify and hold harmless Buyer against any losses, damages, or expenses incurred or sustained by Buyer as a result of: (i) Any breach by Seller or the Shareholders of any of the representations or warranties made by Seller or the Shareholders in-this Agreement or in any Schedule delivered by Seller or the Shareholders in accordance tky. (iv) with any provision of this Agreement; Any breach by Seller or Shareholder of any covenant or agreement in this Agreement; The conduct of the Business prior to closing; Any liability or obligations of the Business not specifically assumed by Buyer hereunder; (v) All - actions suits, proceedings, demand, assessments, judgments, costs, and expenses including without limitation reasonable attorneys' fees incident to the foregoing. d) Except for breaches of representations made by Seller or Shareholder in connection with title to assets hereof, which shall survive forever, and regarding taxes, which shall survive until the expiration of the statute of limitation for tax periods of Seller ending on or prior to the Closing Date, Seller shall have no indemnification obligations to Buyer under this Agreement with respect to any damages resulting from breaches of representation by Seller or the Shareholders which are not asserted in writing within two years from the Closing Date. 11. FINANCIAL RECORDS Buyer acknowledges and agrees that Seller has provided all financial records - requested by Buyer, and that Buyer has had a sufficient period of time for review of such records, and that Buyer is satisfied with the results of said-review. 12. BROKER Buyer and Seller agree -that the Broker named in Paragraph 3 above arranged for the sale of the Business. At the closing, Seller shall pay the BVoker's commission for professional services in the amount previously agreed upon between Seller and Broker. The parties further warrant they have been advised of the following: a) Broker is an agent of the Seller and does not represent the Buyer in this transaction}; b) Broker has made no-audit of*the Seller's Business; c) Broker has been a'conduit for information 5 � 3' communicated between the parties but has made no verification of any information. Further, the Buyer and Seller indemnify and hold Broker harmless with respect to any component of this transaction and warrant they have performed their own due diligence.as ,appropriate and have not relied on Broker for any information whatsoever. 13. DEFAULT If Buyer fails to comply with Buyer's obligation to purchase the Business, Seller shall retain Buyer's deposit as liquidated damages, and this shall be Seller's sole and exclusive remedy. Broker shall receive fifty percent of the amount Seller retains. ' 14. NOTICES All notices under this Purchase and Sale Agreement shall be given by certified mail: TO SELLER: North Side Liquors, Inc. c/o Joanne M. Roy 159 Ap4che Way Tewksbury, MA 018.76 TO BUYER: Jai Vaishnodevi & Chirag, Inc. c/o Arvind B. Patel 231 Ash St. Reading, MA 01867 TO BROKER: Vernon A. Martin, Inc. 200 Corporate Place Peabody, MA 01960 15. BINDING AGREEMENT This Agreement shall bind the parties hereto, their legal representatives, successors, and assigns. 16. SURVIVAL The terms of this Agreement shall survive the closing. 17. TIME Time is of the essence in the performance of this contract. A �U ,� a "v q/m q IL a,�S � 4 EXHIBIT A Wine refrigerator and all related equipment All equipment related to walk -in cooler All shelving and racks Cash register Credit card machine Telephone and answering machine Photocopy machine All lighted signs Vacuum cleaner and shop vac Television Microwave oven Security system, including all alarm sensors, cameras, and VCR Sump pump and dehumidifier in basement Ladder Dolly All furniture except for swivel chair All supplies The following items shall remain-in the store but are owned by various distributors /vendors: Lottery machine Ice freezer Neon signs The following items are not included: Computer, printer, and all related equipment Small stereo Typewriter -Any hand tools N. a OLq G •/ 1 8. EXHIBIT B The price to be paid for inventory remaining shall be determined by establishing the value of the inventory and subtracting the total of all outstanding invoices associated with acquisition of the inventory. Buyer agrees to pay for all outstanding invoices as they become due. �7 Aki tka _a . . I. EXHIBIT C - BILL OF SALE KNOW ALL PERSONS BY THESE PRESENTS THAT In consideration of the sum of $ ' as set forth in the Purchase and Sale Agreement, paragraph 3, t e receipt and sufficiency of which are hereby acknowledged, paid by does hereby grant; sell, transfer, convey, and deliver unto the said Buyer those assets, contract rights, licenses, and other property (collectively, the "Property ") described in said Purchase and Sale Agreement of without limitation, all of the equipment, furnishings, fixtures, inventory, and personalty listed on Exhibit A,'which is attached hereto and incorporated herein. To have and to hold each and all of the said property to the said Buyer and its successors and assigns, to their own use forever. And the said Seller , d /b /a covenants that she is lawfully empowered to convey such property; that the said property is free from all liens and-encumbrances except as outlined in and that she will warrant and defend the same against the lawful claims and demands of all persons. IN WITNESS WHEREOF, hereunto sets its hand and seal this day of 2005. 10 N i LEASE This Lease, made on the day of 2005 by and between Salvatore Santorelli of 3 Gurnwood Lane, Wakefield,'Middlesex County, Massachusetts 01880, Trustee of Santor Realty Trust under a Declaration of Trust dated, September 23,1985, hereinafter referred to as `.`LESSOR" and Arvind B. Patel / Jai Vashnodevi & Chirag, Inc. of 231 Ash Street, Reading, Middlesex County, Massachusetts 01867, hereinafter referred to as "LESSEE". ARTICLE I - PREMISES LEASED PREMISES AND SHOPPING CENTI EI : In consideration of the mutual covenants and agreement herein contained, LESSOR hereby leases to LESSEE the premises at North Side Liquors, 1349 Main Street, Reading, Massachusetts, currently being used as a liquor store and consisting of approximately 2,400.square feet of space including the basement, togethermith all appurtenances.and . the rights granted with respect to the Common Facilities. ARTICLE II - TERMS 1: The LESSEE agrees to pay rent to the LESSOR at the original address of LESSOR, or such other place as the LESSOR may give notice in writing to the LESSEE, from time to time, direct, at the following rates and tunes: a) The term of the Lease on said Premises located at 1349 Main Street, Reading, Massachusetts, shall commence on April 1, 2005 and terminate on.March 31, 2006. The-rent shall be due on the first of each month. b) The LESSEE shall pay.to the LESSOR the following annual rents for the following rental period: April 1, 2005 --March 31, 2006 — $33,600.00, or $2,800.00 per month 2. In addition, the LESSEE will pay to the LESSOR the following: 50 1. Lk a 16 In addition to the rent to be paid by the LESSEE set forth above, the LESSEE shall also pay to the LESSOR, allocated as below set forth, the amount of the increase in any tax year, in the local real estate taxes levied on the Shopping Center of which the store leased to the LESSEE shall be a part over and. above the total tax levied on the Shopping Center. as a whole, for the fiscal tax year 2005, hereinafter termed the "base tax year", including all parking spaces and service areas. Thelallocabon of any such increase in-taxes to the LESSEE shall be based. on the store floor area of the leased premises as compared to the store floor area of all stores in the Shopping Center, whether or not such other stores ark leased b or occupied by Tenants. Such payment, if any, shall be made by the LESSEE in one lump'sum per quarterly tax bill, within thirty (3% days after the LESSOR shall exhibit to the LESSEE the paid tax bill evidencing such increase in taxes and shall furnish the LESSEE with a photocopy thereof. The LESSEE shall not be liable for any interest or •penalty charges in any event. If any payment for increase in tax as heminabove' provided shall, be due for any tax year in which said Lease shall be in force and effect for less than a fiscal tax year quarter, such payment shall be prorated so that the amount payable (if any) by the LESSEE for taxes or increase in taxes for• such year shall be based on the actual number of months that said Lease shall be in force and effect during such tax year. ARTICLE III - OPERATING EXPENSES I. The LESSEE shall.pay for all LESSEE'S utilities including one - fourth of the water costs and one fourth of the sewer costs, heat, electricity, gas, telephone, and waste disposal. The LESSEE is responsible for one -third of snow removal fees. Currently, Jimmy's Roast Beef and Pizza, also located at 1349 Main Street, Reading, Massachusetts shall arrange for removal-of snow and ice from the parking lot bordering on the leased premises. LESSEE shall be billed and shall. pay to said Jimmy's its proportionate cost of said removal. LESSEE shall be responsible for removal of ice-and snow from the walkways immediately adjacent to the leased premises.. 2— The LESSEE must maintain and service his own heat and air conditioning unit and change his own filters. LESSEE shall be responsible for ordinary maintenance and ordinary service of the heating and air conditioning unit. LESSOR shall be responsible for major maintenance repairs find service. A major maintenance and service'expense shall be one that requires parts -and labor .in excess of $500.00. ARTICLE IV - NEGATIVE COVENANTS ash. LA LESSOR agrees not to rent to any othtr tenant whose business involves the sale of beer, wine,. or liquor-at-the premises located at 1349 Main Street, Reading, Massachusetts. LESSEE agrees not to rum, establish, or involve itself in the business of a convenient food market or a submarine sandwich shop, roast beef sandwich shop, or a pizza shop at the premises located at 1349 Main Street, Reading, Massachusetts. ARTICLE V - COMPLIANCE WITH LAWS The LESSEE acknowledges that no trade or occupation shall be conducted in the Lease premises or use made thereof which will be unlawfpl, improper, noisy or offensive, or contrary to any law or any . municipal by -law or ordinance in force in the Town in which the premises are situated. ARTICLE VI SECURITY DEPOSIT The-LESSEE. shall deposit with the LESSOR a Security Deposit of Two Thousand, Eight Hundred and 00 /100 ($2,800.00) dollars as security for the punctual performance by the LESSEE of each and every obligation under this Lease. In the.event of any default by the LESSEE, the LESSOR may apply or retain all or any part of such security to cure the default or to reimburse the LESSOR for any sum which LESSOR may spend by reason of the default. In the case of every such application or retention, the LESSEE shall, on demand, pay to the LESSOR the sum so applied or retained which shall be added to the Security Deposit so that the same shall be restored to its original amount, If at the end of the Lease Term the LESSEE shall not be in default under this lease, but not otherwise, the Security Deposit, or any balance thereof shall be returned to the LESSEE without interest. ARTICLE VII - - FME INSURANCE The LESSEE shall not permit any use of the Leased Premises which will make voidable any insurance on the property ofwhich the Leased. Premises are a part, or on the'contents of said property of which shall be contrary to any law or regulation from time to time established by the New England yy �a Fire bsuratuce hating Association or any similar body succeeding to its powers: The LESSEE shall, on danand, reimburse the LESSOR, and all other.Tenams, all extra insurance premiums caused by the LESSEE's use of the Promises. In the evant LESSOR's insurance premium increases as a result of LESSEE's-t"o of business; LESSEE hetuby agtnes to pay, as additional rent, the amount of the difference. ARTICLE Vim - MAINATENANCE`OF PR>EBUM The LESSEE agrees to mmtsin the interior, non - structural portions of the Leased Premises in tho same condition as they arc at the comencement of flee term, or as they may be put in duritrg the term of this Leas, reasonable wear and tear, damage by fire and other casualty only expected, and whonovarnecessary, to replace plate glass and other glass therein damaged by fire or other casualty excepted %ramowledged that the Leased Premises are now in good order and the glass whole. the LESSEE shall obtain written consent of LESSOR before ore bg any sign bn the Premises, which . permission shall not be unreasonably witbbeld. LESSOR shall maintain the structural and exterior portions of the Leased Premises in good and tenantable condition. -The LESSEE agrees to maintain in responsible companies qualified to do business in the state in which the Promises are located- and in good standing therein plate glass insurance, covering all. exterior .plate glass in the Leased Premises and fire insurance with such wdended coverage endorsements as the LESSOR may, from time to time, require covering all of the LESSEE's fixture, fumiture, fiunishinge, floor coverm' 96; and equipment in the Leased Premises to the extent of at least Eighty Percent (80%)- of their replacernont cost; and to deposit promptly with the LESSOR certificates for .such insurance beating endorsements that thapolicies will not be canceled until after tan (10) days' written notice to the LESSOR ►• ' ► .M' -If as a result of the LESSEE'S presence on the Premises, sip investigation is required to determine the .existence of hazardous waste, caused by acts of the UISSEE as defined by Chapter 21B of the Laws of the Commonwealth of Massachusetts on the property located at 1349 Main, Street, Reading, lei 3 Middlesac County, Nlassachusetrs, the LESSBL' Ogreos to Minburso the LESSOR for the. cost of said prolunnivary invesuF im should the LMOR be z T=ed to pay for same, as well as any .other eopmses, costs, and/or fines required to be paid thr, as a result of the hazardous materials, and damages to othms they may incur. The IMM shall see to it that the premises arc properly vented, in accordance with State and Municipal Law. This article'applies only in instanoes what existence of hazardous waste is musod by LESSEE The LESSEE shall not assign or sublet the whole or any part o£tho Leased Pre sas without LESSOR •s prior, written eomsent, which consort shall not be unreasonably withheld or delayed. Notwithstauding suah consent, the Li33SEL shell remain liable to LESSOR for the payment of all rent and for the full parfonnanoe of the covenants and conditions of this Lease. This Lease shall be subject and subordinate to any and all bona fide mortgages, deeds of trust, and other instruments in the nature.of a mortgage, now or at anytime hereafter, a Ban or liens on propwy of which the Leased Premises era a part, and the LESSEE shall, when requested, promptly me cutc and deliver such written instruments as shall be necessary to show the subordination of the Lease to said mortgages, deeds of trust, or other such insbuments in the mature, of a mortgag& = P • :a* The LESSOR or agents of the LESSOR may, at reasonable times,. enter to view the Leased Premises and may move placards and signs not approved and affixed wherein provided, and make repairs and alterations, as LESSOR should elect to do, and may show the Leased Premises to others, and at any time within Three (3) months before the expiration of the term, may affix-to any suitable part of the Leased Premises a notion for lotting or selling the Leased Premises or property of which the Leased Premises are a part, and keep the same so affixed without hindrance or molestation. ash The LESSEE shall save the LESSOR barmless from all loss and damage occasioned by the neglipw of LESSER, his agents, and employees, or by any nuisance made or suffered on the Leased Premises, unless such loss is caused by the neglect of the LESSOR The LESSEE shall mAitain. with respect to the Lased Pranises all the property of which the leased Premises are a part, comprehensive public liability fimmance in the amount of One Million and 00/100 (S 1,000,000.00) Dollars, with property damage insurance in limits of Twenty-Five Thoosand and 00%100 ($25, 000:00)- in responsible companies qualified ici do business in Massachusetts and in good standing thereon, insuring the LESSOR, as well as LESSEE, against injury to persons, or damage to property, as provided. The LESSEE shall deposit -with the LESSOR certificates for such insurance at or prior to, the commencanent of the term, and thereafter within Thirty (30) days prior to the expiration of any such policies, All such insurance Certificates. shall provide that such policies'shall not be cancelled without at leastTen (10) days' prior written notice to each assured.named therein. In the event LESSOR's insurance pranium tncreases, as a result of I ESSM type of business, LESSEE hereby agrees to pay as additional rent, the amount of that dtffamee. Should tt substaii ial. portion of the Teased Premises be substantially damaged by fire or other casualty, or should the Leaned Premises, or the property of which they are apart, be t iken by eminent domain, the LESSOR may elect to terminate this Lease. Whet; stwh ft oasaalty, err taking renders the Leased Promises substantially utrsuitable for their intended use, a just and proportionate abatement of rent WA be made, and the LESSEE may elect to terminate this Lease if a. The L BSSOR fiiils to give written notice within Thirty (30) days of intention to restore Leased Premises; or b. The LESSOR fails to restore the Leased Premises to it condition substantially suitable for their intended use within Ninety (90) days of said Ere, oasuaity, or taking or5 Lko G• The LESSOR roecrves, and the LESSEE giants to the LESSOR, all rights which the LESSEE may have for damages or 4ury to.Ow Leased Premises for any Wwg by eminent domain, except for damage, to the LESSEE's fbCturos, property, or equipment, and lost income Of the LESSEE. In the event that: a The LESSEE shall default in the payment of any installment of rent, or other sum herein .specifiod,.and such default shall continue fior Tcn (10) days after written notice thereof; or b. The LESSEE sball default in the observance, oft performance, of any other of the.. LESS&B covenants, agreements, or obligations hercundcr, and such default &0 not be coirected within - Thirty (34) days after written notice thereof, or e. The LESSEE shall be declared bankrupt, or insolvent, according to law, or if any assignment shall be made of LESSEE's property for the benefit of creditors, then the LESSOR shall have the right thereafter, while such default continues, to reo enter and take complete possession of the Leased Premises, to declare the term of this Lease ended, and remove the LESSEE's of bo% without prejudice to any remedies which might be otherwise used fdr ancers of rent or other default. The LESSEE sba11 indemnify the LESSOR against all loss of rent and other payments which the LESSOR may incur by reason of such termination during the resid;w of the tern if the LESSEE shall default, after reasonable notice thereon in the obsarvaum of performance of any conditions or covets on LESSEE'S part to be observod or performed under, or by virtue of; any of the provisions in any article of this Lease. d. The LESSOR, without being under any obligation to do so, and without thereby waiving such dow t, may remedy such default for the account and the expense of the LESSEE. If the LESSOR makes any expenditures or inns any obligations for the payment ofmoney in . . OL connection tbam ith, includbig but not lkdted to,-reasonablo attoniey foes in instituting, prosecuCing, or defending any action or proceeding; such sum or obligations insured, with interest at the mate of six (6 0/*) percent per annum and oosts,.shall be-paid to the LESSOR by the LESSEE as additional tit. V',4 N-NA-4QUAMCID Any notice from the LESSOR to the LESSEE relalingto the Leased Premises, or of the occupancy thet+eof shall be deemed duly served,, if mailed to the Leased Premises, registered, or duly certified MA rewrn receipt requested, postage prepaid, addressed to the LESSEE. Any notice from the LESSEE to the LESSOR relating to-the Leased Premises, or the occwancy thareot shall be doomed duly served, if mailed to the LESSOR by regise -ed or certified mail, return receipt requested, postage p vpaK addressed to the LESSOR at such address as the LESSOR may froom time to time advise is writing. The LESSEE shall, at the expiration, or other termination of this Lease, remove all LESSBB's goods and effects from the Leased Premises (including, without hereby limiting the generality of �c . . foregoing, all signs and lettering affixed or painted by to LESSEE, sidrer inside or outside the Leased Ptemises). LESSEE shall deliver to the LESSOR the Leased Premises and all keys, locks thereto, and other fixtures connected therewith, and al) dl wahm and additions made to or wm the Loaned Premises, in the some condition as they were at the comneticanent of the Tenn, or as they wero put in during the Term horeot reasonable wear and tear and damage by fire or other casualty only exceptod. Inf the event of the LESSEE's failure to remove mdy of LESSEE's property front the Prawses, LESSOR is hereby authorized, without liability to LESSEE for loss or dannago thereto, and at the sole risk of LESSEE; to remove and store any.of the property at LESSEE's expense, or to regain same tmder LESSOR's oontrod, or to sell at public or private sale, without notice, arty and all of the property not so removed, and to apply the net proceeds of such sale'to the payment of-any sum due hereuadtr, 'or to destroy such property. C�`J OL - a I. Any alterations and additions to the-Leasad Premises sbalt be done in a good and workmanlike manner, employing good material, and so as to cmftm.to atl govmmmtal mquiremmts, at LESSEE's expanse. 2. no LESSEE may, with prior writton approval limo- LESSOR, during the o dstance of the Leaser, or any renewal theroot to make alterations, attaccb fixtures, and eruct additions, structures, or signs in or upon the premises hereby leased (provided such alterations, additions, structures, or signs in or upon thrPreinises hereby leased, shall not .be in contrary to local laws or ordinances, and shall not be dorimmtal to, or inoonsistont with, the rights granted to other Tenants on the propoty, or in the building in which said Preniises-are locate, which fixtures, equipmcrk addition; atruetmrrs, or signs so placed in or upon, or attached to the said Premises shall be, and remain, the property of the LESSEE, and may be removed 9wiefrom by the LESSEE, and the LESSEE, if regWxW by the LESSOR, shall; before•the expiration of this Lease, or the expiration of any renewal d=W4 restore the premises as to the same condition as that existing at the time of entering upon the same under this Lease, reasonable and ordinary wear and tear and damage bythe elammts, or by circumstances over which the LESSEE has no cohftL The Term hereof may be extended for an additional Five (5). year Term, subject to the teems, oovonants, and provisions of this Lease provided: aL LESSEE is in f &hfW performance of all terms, conditions and/or agreements of the Lease at such time, as by the tams hereof such extension may be requested; b. LESSEE ball notify LESSOR of his desire to extand the Team by cerOod letter mailed tt m (3) months prior to the tmim .scion date of this Lease; c. It is understood that the rent for the five (5) year option shall be negotiated in good faith by both. LESSOR 'and LESSEE with consideration given to the fair market value of the premises at the time that the renewal is negotiated. ARTICLE XX - SPEGYAL CLAUSES I LESSEE shall deposit into escrow with David J. Barry III, attorney for the LESSOR th e sum of $5;600.00, of which $2;800.00 shall be security deposit and $2,800.00 shall be the first moiA's • rent, upon the execution of this lease. The said amount shall be turned over to the LESSOR when LESSEE takes occupancy of the premises. Should LESSEE fail to obtain the licenses and approvals as called for in paragraphs # 3 and 4 of this article, then said sums shall be returned to LESSEE by the said attorney upon receipt of the decision of either the Town of Reading or the Massachusetts Alcoholic Beverages Commission denying the said license or permit. 2. The full execution of this lease is contingent upon the successful approval of all licenses and other permits necessary to conduct business by LESSEE 3 In the event.that the Town of Reading, Massachusetts does not approve LESSE�Ts application for the Liquor License at the Board of the Selectmen meeting to be scheduled in January or February,'2005, this lease shall be cull and void. All monies deposited-into escrow .shall be retumcd -to LESSEE. 4.111 the event that the Town of Reading, Massachusetts approves LESSERs application for the Liquor License, but the.Commonwealth of Massachusetts Alcoholic Beverages Control Commission does not approve same, this lease shall be null and void. All monies deposited into escrow shall be returned to LESSEE. 10 Iwo, q q q.a -01 , s v r WITNESS the executim hereof in triplicate and under seal on the day and year first above written. 7 ry ess GUARANTEE LESSOR Santor Realty Trust By: Salvatore Santorelli, TTUStee LESSEE: Jai Vaisnode ' & Chirag, Inc By:,r. ind B. Pate In consideration of the making of the within Lease by the LESSOR and the LESSEE, the undersigned hereby guarantees to said LESSOR, its heirs, executors, administrators (or successors) and assigns the payment by the LESSEE of the rent fixed in the Lease and the •performance by the LESSEE of all the terms and provisions of the within Lease. The undersigned expressly waives notice of all defaults and agrees that the waivers of any and all rights of the-LESSOR against the LESSEE arising out of default by the LESSEE, or otberwise, shall not in airy way modify or release the obligations of the undersigned . Dated this day of 9804 ---z o vs nd B. Patel n W a Hechenblelkner, Peter From: Bums, Greg Sent: Tuesday, January 25, 2005 9:40 AM L� To: Hechenblelkner, Peter Subject: Liquor License Transfer 1349 Main Street Peter The Fire Department inspected 1349 Main Street yesterday. As a result of the inspection the emergency lights were found not to be.working. We will follow up on this minor Issue to ensure they are repaired. Greg To: Peter Hechenbleikaer CC: From: Jane Fiore Date: 1/28/2005 Re: Northside Liquors A review of the public health record regarding food inspections and sale of tobacco products at Northside Liquor, 1349 Main Street has been completed as of January 28, 2005 revealing the following: o .The present owner since January 204 (12 month period of time) has not sold tobacco project to a minor at any one of the five youth compliance checks. o The review of the food code inspections reveals no violations. One-open issue remains with the•sale of a, business. That is the Board of Health license to operate. A new license must be issued with a new owner.. Applications must be filed for the sale of tobacco , sale of food and use of a dumpster. Total cost is $120.00 ($50 food, $20 tobacco, and $50 dumpster) before-the tobacco permit is issued a merchant training session must occur. Attached is a copy of the Federal Food Code that is- sent each year to each licensed establishment in June of that year prior to the renewal of the annual operating licenses. Therefore if and when this establishment changes hands the present owner is to make it clear to the new owner all food, tobacco and dumpster permits are expired and must be reapplied for by the new owner. x `,y. u 105 CMR DEPARTMENT OF PUBLIC HEALTH 3/28/00 Unofficial Copy (f) The applicant or, if the applicant is a corporation, a corporate officer or the owner of the facility, has been convicted of, plead guilty or'no to contenders to, or has, in a judicial proceeding, admitted facts sufficient to find that s/he is guilty of a crime relating to the processing, storage, distribution or sale of food in connection with the business; (g) The applicant or, if the applicant is a corporation, a corporate officer or the owner of the facility has engaged m conduct that endangers the public health; (h) Failure to pay any federal, state, or local taxes as required by law, pursuant to M.G.L. c. 62C,. §49A; (i) Failure to comply with local regulations/ordinances related to the operation of the facility. (j) Failure to comply with provisions of 105 CMR 590.000. (k) Such other reasons not stated above, which pose a risk to public health and safety. (1) FC 8- 304.10 Responsibilities of the Regulatory Authority FC8- 304.10 is stricken and replaced by the following: (1) At the time a permit is first issued, the regulatory authority shall provide to the permit holder instructions on how to obtain the Food Code and 105 CMR 590.000 so that the permit.holder is notified of the compliance.requirements and the conditions of retention, as specified under FC 8- 304.11, that aie applicable to the permit. (2) Failure to provide the information specified in paragraph (1) of this section does not prevent the regulatory authority from taking authorized action or seeking remedies if the permit holder fails to comply with this regulation or an order, warning, or directive of the regulatory authority. (J) Notification of Changes In addition to requirements set forth in FC 8- 304.11 Responsibilities of the Permit Holder, the permit holder shall: (1) Notify the board of health within 48 hours after any change in ownership, and at least 30 days prior to any change of the name, location of the food establishment or addition of a new operation and shall promptly submit to the board of health an application. for 5900ffice97.doc Not in effect Anticipated Effective Date: IOM2000 105 CUR - 39 * Denotes Critical Item (FC) Provisions of the Food Code which have been repeated in their entirety to give context to the Lk OLe supplemental provisions 105 CMR DEPARTMENT OF PUBLIC HEALTH 3/28/00 Unofficial Copy a new or amended permit, together with written documentation reflecting such change. (2) Submit plans in accordance with 105 CMR 590.058 any time an establishment is being remodeled or a new operation added and shall promptly submit to the board of health an application if a new, or amended permit is required. 590.013 Inspection and Correction of Violations — Food Code Chapter 84 (A) FC 8401.10 (B)(2) Risk -Based Inspection Schedule FC 8401.10(Bx2) is stricken and replaced by the following: The regulatory authority may increase the interval between inspections beyond 6 months if the food establishment is assigned a less frequent inspection frequency based on a written risk-based inspection schedule approved by the Department that is being uniformly applied throughout the jurisdiction and at least once every 6 months the establishment is contacted by telephone or other means by the regulatory authority to ensure that the establishment manager and the nature of food operation are not changed; or (B) Frequency of Inspections: Bed and Breakfasts Bed and breakfast homes and bed and breakfast establishments holding permits shall be inspected at least once a year and as often as necessary for the enforcement of these regulations. .(C) Frequency of Inspections: Vending Machine Operations Vending machine operations shall be inspected by the Department as often as necessary for the enforcement of these regulations. (D) FC 8402.11 Allowed at Reasonable Times FC 8- 402.11 shall be stricken and replaced by the following: No prior notice of an inspection is required so long as the regulatory authority presents official credentials and provides notice of the purpose of, and an intent to conduct, an inspection, the person in charge shall allow the regulatory authority to determine if the food establishment is in compliance with this Code by allowing access to the establishment, allowing inspection, and providing information and records specified in this Code and to which the regulatory authority'is entitled according to law, during the food establishments hours of operation and other 5900111=97.doc Not in effect. Anticipated Effective Date: 10/112000 105 CMR - 40 * Denotes Critical Item (Fc1 Provisions of the Food Code which have been repeated in their entirety to give context to the supplemental provisions v Reading Police Department Robert J. Silva, Chief of Police MEMORANDUM Date: January 30, 2005 To: Town Manager's Office Cc: Lillian Marino From: Lieutenant Kevin Patterson RE: Transfer of Liquor License (Northside Liquors 1349 Main St. Approved By: U.KP Approval Initials: The Police Department has reviewed the application and Information of. JAI VAISHNODEVI & CHIRAG INC. (ARVIND B. PATEL) and would not object to the transfer of Liquor License. �. Town of Reading 16 Lowell Street j�ehtco� Reading; MA 01867 -2686 FAX: (781) 9424071 TOWN MANAGER EmaO: townmanagwQd.r9ad1n9.ma,us (781) 94244 MEMORANDUM TO: -Town Planner Building Inspector Health Service A for Chief of Police Fire Chief FROM: Peter I. Hechenbleikner DAZE: • January 20, 2005 RE: Application for Transfer of Liquor License Northside Liquors is proposing transfer of the license from one party to another at 1349 Main Street in Reading. Attached is a copy of the application. The Selectmen's hearing is scheduled for this matter on February * 15, 2005. * Please review the location and let me know if there are'any outstanding issues with regard to it I'd like to' hear from you on or about February 1, 2005. PIH/ps NQ�°G. FAX: (781) 942 -9071 Email: townmanagerCcl.reading.ma.us Town of Reading 16 Lowell Street TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: February 11, 2005 Reading; MA 01867 -2686 MEMORANDUM RE: Walgreen's Development Proposal TOWN MANAGER (781) 9429043 As you are aware, Walgreen's proposes to redevelop the comer of Main, Pleasant, and Hardnen Street. They will take the existing building that used to be the Berson's Pharmacy as well as the pizza place. They will redevelop the parking lot at the rear and provide access to the Hardnen Yard parking lot from Pleasant Street. This is a major improvement for the Town. The CPDC has approved the plan for the property. Walgreen's will be before the Board of Selectmen on Tuesday night to discuss the details of transfer of properties to the Town. At a staff meeting last week, the two operational issues were identified: 1. Four parking spaces on the plan were shown as tandem parking for four additional spaces. The intent of these spaces is to have them as rental spaces with one party renting the two, front to back spaces. Walgreen's has expressed a concern that the businesses within the immediate vicinity of the property be given the priority to rent those spaces. This seems like a reasonable approach. 2. The Board of Selectmen's current policy is to provide for up to 11 of the spaces in the Hardnen Yard parking lot to be available for employee/merchant rental spaces. To date none of those spaces are rented. In the evening, the Hardnen Yard and the Parker Street parking lots are available for use by residents of the neighborhood who have a Community Access Sticker to provide for overnight parking. This is a concern for Walgreen's in that this business will be open in the evening until potentially as late as 11:00 p.m. They are concerned that the parking spaces that would otherwise be available, for their facility might be taken up by residents. The Police Department is doing a count that will be available Tuesday night of how many spaces are actually used in the evenings and the Hardnen Yard lot, and the Parker Street lot. We are also doing a count on the two YbI weekend days. One option may be to allow the overnight parking only in the Parker Street lot keeping the Hardnen Yard lot primarily for merchant parking. All other aspects of the plan and operation are easily resolved. The redevelopment of this site will be an asset to the downtown and will significantly improve the functioning of the Hardnen Yard parking lot. PIH/ps 46Z LATHAM, LATHAM & LAMOND, P.C. 848 MAIN STREET READING, MASSACHUSETTS 01807 -8096 W W W.LLL - AW.COM KENNETH C. LATHAM (1989 -1996) O. BRADLEY LATHAM JOHN T. L.AMOND SHEIL.AH GRIFFIN- REICHARDT JOSHUA B. LATHAM CHRISTOPHER M. O. LATHAM DAVID J. LATHAM, OF COUNSEL Peter Hechenbleikner, Town Manager Town Hall 16 Lowell Street Reading, MA 01867 Z.,S•b� 2)5 JAN 26 PH 105 TELEPHONE: (781) 944 -0808 FAX: (781) 944 -7079 January 21, 2005 Re: Walgreens' Project; Corner of Pleasant and Harnd m Streets, Reading, MA Dear Peter: A few months ago, we met with you and two representatives from the Board of Selectmen to discuss the Walgreen's project and traffic flow improvements being proposed as part of that project. One of those improvements relates to direct vehicular connection between the municipal parking lot and Pleasant Street. At that meeting, representatives from the Board had expressed the desire that the project be expanded to include the small pizza shop building on Hamden Street. Our client has implemented that suggestion. Our client has negotiated the purchase of that property, which has now been included in the Walgreen's improvement plans. Since that meeting, you have made ongoing comments as the plans have evolved. Our client has been responsive and has incorporated your recommendations in its plans during the CPDC site plan review process, which has now been concluded. We enclose with this letter multiple sets of an existing condition plan (sheet V.0.1) and a proposed change plan (sheet C.1.2) that shows the parking lot and driveway connection plan. These plans have been reviewed by both the Town Engineer, Town's independent traffic consultant and approved by the CPDC. The proposal is for Walgreen's to deed the land behind the Walgreen's building lot as shown on the plans (including deeding the fee in the driveway) to the Town, while reserving the exclusive right in Walgreen's to use the six parking spaces immediately behind the Walgreen's building for its customers, when the store is open. The only right Nb3 the Town is being asked to give is the right for Walgreen's to access Union Street via the parking lot, similar to what the Town did with Danvers Savings Bank. We respectfiilly request the opportunity to meet with the Board of Selectmen. We hereby request a curb cut and whatever other permission and waivers are required to implement the parking lot- driveway changes. Our request is to meet with the Board as soon as possible. Thank you. Sincerely, Latham, La#pm & W%nd, P.C. thaw q 10 q U, =�� LATHAM9 LATHAM & LAMON09 P.C. 643 MAIN STREET READING, MASSACHUSETTS 01967 -8096 WWW.LLLLAW.COM KENNETH C. LATHAM (1939 -1998) O. BRADLEY LATHAM JOHN T. LAMOND SHEILAH GRIFFIN- REICHARDT JOSHUA E. LATHAM CHRISTOPHER M. O. LATHAM DAVID J. LATHAM, OF COUNSEL Board of Selectmen clo Town Manager Reading Town Hall 16 Lowell Street Reading, MA 01867 February 11, 2005 TELEPHONE: (781) 944 -080>s FAX: (781) 944 -7079 RE: Walgreens at the corner of Harnden and Pleasant Streets, Rea&ng, AL4 Enclosed please find ten copies of the following plans: 1. Plan (drawing V.0. 1) showing the existing condition of the municipal parking lot behind the proposed Walgreens. 2. Grading and Utility Plan (drawing C.1.3), which shows the proposed reconfiguration of the municipal parking lot and the driveway connection to Pleasant Street. 3. Landscaping and Signage Plan (drawing L.1.1), which shows the reconfiguration of the parking lot as well as parking lot signage and the land area proposed to be deeded to the Town. Sincerely, Latham, thaw Lamond, P.C. dl tham ob1:pp:1wa1g=ns\fcb 11 Itr y6 s ° Town of Reading 16 Lowell Street Reading; MA 01867 -2685 e�sriHCOaQ° FAX: (781) 942 -9071 Email: townmanag9rQd.r9ading.ma.us MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: February 11, 2005 RE: Danis Improvements — General Way/Walkers Brook Drive TOWN MANAGER (781) 942 -9043 The Town Engineer has met with the engineer for Danis, and representatives of the abutting Boston Stove property. The final designs are available for Board of Selectmen approval on Tuesday night. Attached is a copy of the motion approved by the Board of Selectmen following the public hearing on this matter. This .matter is not scheduled for a public hearing — this is an administrative final approval by the Board of Selectmen. PIH/ps ycl Board of Selectmen Meeting — December 14, 2004 — Page 4 A motion by Hines seconded by Wood to approve the concept plans for improvement to the intersection of General Way and Walkers Brook Drive as submitted in the Conceptual Improvement Plan "A ", Walkers Brook Drive/General Avenue Intersection revised December 14, 2004" subject to the following conditions: ♦ The plan shall be modified to provide for a four lane cross section on Walkers Brook Drive east of General Wav so configured that the southernmost lane Is an extension of the northbound exit lane from General Way-, . ♦ General Way shall be marked to indicate that the northbound lane is a single lane; ♦ Final plans shall be submitted to the Town Engineer for final approval prior to construction. The developer will pay the cost of review of the signal design by the peer review consultant; ♦ Construction on the intersection and signal shall be completed within six months of the issuance of all permits required for development of the premises, plus the expiration of all applicable appeal periods and/or favorable resolution of all appeals, or at the time of occupancy of the first 50,000 sauare feet of space, whichever date is first; ♦ The applicant and tenants on the site shall direct all truck traffic entering the site to use the Goodall Sanford Road access if coming from Main Street or the west, and the General Wav access from Walkers Brook Drive if coming from the east Including. the Route 128; ♦ The applicant shall use best efforts to develop, at his cost, a full service access roadway to New Crossing Road when either of the abutting properties to the east is developed; ♦. The applicant shall fully cooperate with the Town and other parties to develop reasonable alternate access connecting Walkers Brook Drive with Main Street provided that such alternate access does not adversely impact applicants use of the premises. Such cooperation may include donation of land, development of plans, and all other things necessary to develop such access; ♦ The designated island area shall be raised; ♦ The applicant shall ensure that issues relating to the abutting property Boston Stove) are addressed; ♦ Final plans and analysis shall be brought back to the Board of Selectmen for final approval; was approved by a vote of 5-0 -0. Final Report — Memorial Park Committee — Preston Lucas, Chairman of the Memorial Park Study Committee, was present to submit the final report. He noted that the Committee recommends that the Selectmen clarify the intent of the grantors of the Deed by virtue of a cy pres agreement with the following conditions: ♦ Allow community events that would be acceptable, to be scheduled by the Recreation Committee or the Recreation Administrator under the general direction of the Park Commissioners; ♦ Allow practice times for league teams as determined by the Recreation Committee or the Recreation Administrator, under the general direction of the Park Commissioners; uc2 MANUFACTURE & SHIP: PG 1: OPTION 1 D/F ILLUM TENANT SIGN PG 2: OPTION 2 D/F ILLUM TENANT SIGN RECEIVE & INSTALL ABOVE ITEMS cd*m PTM PMS 167C RED btdw. PTM PM51&7C RED Face BA: WHITE LEXAN cow. TRANS VINYL ALUMINUM TOP (NON - ILLUM} PTM PM5167C RED POLES Pole: AS REQ' D m cmr.PTM PM5 468 BEIGE REVEALS & POLE COVER ACCE BLACK 7SWa for Ihdo OLeera O Side QDI:lno OSpntorftuo OCl j 1 OWA ALL COLORS ARE FOR 118MMTAT10N 01111 SEE ACTUAL SAMPLES FOR COLOR INIM JIL 1 M ItIIIAi an�E llitl® 00 m ft Lakwdmft fte GENERAL INFO. ONE 4 It 224 S/F n I ILL NmWLL TI ": Face Met No Corer Mat loud" E7a Face Met Myler Stec: Mmdop iFm 98 5G mm V � k� April 25 ANNUAL Town Meeting WARRANT OUTLINE 02111/2005 Art- Mover/ Moderator # Article Description S onsor Co� Notes *Reports 3 1 4 5 Capital Improvement FY 2005 — FY 2014 payment of Prior Year's of Selectmen ♦ Aquatics Advisory Committee — Mary Shen O'Niel of Selectmen • of Selectmen • of Selectmen I • 6 lAmend the FY 2005 Budget JBoard of Selectmen • 7 Authorizing Disposal of Surplus Board of Selectmen • 113quipment and Supplies 8 Re- Authorizing Revolving Funds Board of Selectmen • Inspections ♦ Conservation ♦ Recvclim Bins 9 Appropriating performance bond Board of Selectmen Adam Way . . 10 Approving FY 2006 — FY 2015 ital Improvements Program Board of Selectmen • 11 Appropriation of contnbutions Board of Selectmen • Archstone - Sewer from Developers for various project — Fairview and •ects Sunnyside 12 IDebtAuthorization. for RMHS 1 School Committee ♦ Culvert 13 1 Chapter 90 Appropriation jBoard of Selectmen • 14 Rescind Debt Authorizations Board of Selectmen ♦ Summer Avem e Water 15 Acceptance of Gifts Board of Selectmen • 4 2 Hechenblelkner, Peter From: Hechenbleikner, Peter Sent: Tuesday, February 08, 2005 9:23 AM To: Fink, Fran; Delaney, Joe; Reilly, Chris Cc: 'Joan Langsam' Subject: RE: Adam's Way I am putting an article on Town Meeting warrant to take whatever bonds we have to complete the work. so a good cost estimate is essential. If we can't find the bond, then the Town will pay the cost. Pete - -Oiginal Message- - Fran: Fink, Fran Sent: Tuesday, Febnwy 08, 2005 8:57 AM To: Delaney, Joe; Reilly, Ovis; Hedw"eikrw, Peter Subject: Adam's Way I received a phone call yesterday from one of the Adam's Way residents. Meanwhile, I am aware that the others met with Peter recently, and that he has asked Town Counsel to advise on procedures. The owners are interested in getting Certificates of Compliance from Cons Com and final subdivision closure and street acceptance from the Town. I said I would schedule a meeting with Chris and Joe to determine the punch list and discuss how best to make the available funds cover it. I think an as -built survey is one of the first steps we need to take, and I am hoping that it will confirm that the actual construction is good enough to be accepted. I understand that the CPDC bond is temporarily misplaced, and .I hope that it will turn up soon. Bottom line, we might have to ask the owners to help cover expenses. So - when can we meet? My calendar is open on Thursday, Friday, Monday except 11:30 - 12:00, and Tuesday after 1:30. Please let me know when you are available. Thanks, Fran 4P 1 Page 1 of 1 Hechenblelkner, Peter From: Joan Langsam DelangsamCpbrackettlucas.com] Sent: Monday, January 31, 200510:29 AM To: Hechenbleikner, Peter Subject: Wine and Cordial Permits Peter, ' You have requested advise concerning the procedures for licensing establishments for the serving of :cordials and liqueurs M.G.L. c. 138, §12 paragraph 14 provides that a town has to vote to adept the provisions of this paragraph in order for a licensee who holds both a common victualler's license and a license to sell wines and malt beverages to sell liqueurs and cordials. Accordingly, Town Meeting must first vote by a majority vote to accept the provisions of paragraph 14. Once'accepted applications may be taken only from establishments holding a common victuallers license and a license to sel wines and liqueurs. Permits for such sales may be granted by the BOS, the local licensing authority. Approval must be also obtained from the ABCC. A license to sell cordials etc. may not be granted to a club; tavern or those with a general on- premises license. A proposed warrant article could read as.foliows: "To see If the Town will vote to accept the provisions of Chapter 481, §2 of the Acts of 1993 as provided in M.G.L. c. 138, §12 paragraph 14 to allow the Board of Selectmen to grant licenses for the sale on- premises of liqueurs and cordials to those establishments holding a common victuallers license and a license under section 12 of Chapter 138 to sell wines and malt beverages, subject to all other licensing provisions of M.G. L. c. 138. " Let me know if you need additional information. Joan 1/31/2005 GARY S. BRACKETT ELAINE M. LUCAS JOAN E. LANGSAM M. YVONNE GONZALEZ* JAMES T. MASTERAI.EXIS STEVEN C.FLETCHER" ELLEN CALLAHAN DOUCETTE DONNA GORSHEL COHEN HEATHER C. WHITE *Also Admitted in CT **Also Admitted in ME and CO BRACKETr & Lucas COUNSELORS AT LAW 19 CEDAR STREET WORCESTER, MASSACHUSETTS ot6o9 508- 799 -9739 Fax 508- 799 -9799 Iq WINCHESTER OFFICE 165 WASHINGTON STREET WINCHESTER MASSACHUSETTS 01890 781- 729.1500 Fax 781- 729 -5444 E-Mail:JeLangsam0Bmcketd=as.com Please respond to the Winchester office January 24, 2005 Peter I. Hechenbleikner, Town Manager Town of Reading 16 Lowell Street Reading, MA. 01867 -2685 -Re Beer -and. ine;;icenses, for; Sale OffP(remises V t ; Dear Peter: 8 N a 0 0 You have requested that I draft a warrant article which would allow the Town of Reading to issue five package store licenses for the sale of wine and beer. As we discussed there are two methods by which such licenses- can be obtained. The first method is provided under Section 11 of Chapter 13 8 of the General Laws. Such section provides that at any biennial state election a question may be placed on the ballot under subparagraph B as to whether licenses for the sale of wine and malt beverages, on and off premises should be granted. If a majority-.of the voters vote in the affirmative, than under Section 17 of Chapter 138 the Town of Reading would be entitled to five licenses for the off premises sale of wine_and beer, regardless of population. The second avenue of obtaining the five beer and wine package store licenses would be to place a warrant article on the warrant for the next Town Meeting authorizing the Board of Selectman .to petition the legislature for the authority to issue the five licenses for the sale of beer and wine off premises. Once such a petition is authorized at Town Meeting, it has to be forward to the legislature. for:'theit app'> Qva3 alid�tYieiir t ,I it liy;the'�rot�rs of Reading at the next Town election. 2U To: Board of Selectmen The undersigned registered voters of the Town of Reading request that the following Article be included in the 2005 Annual Town Meeting Wanunt: ARTICLE: To see if the Town will vote to raise from the tax levy or transfer from available fiords the sum of Three Thousand ($3,000) dollars for the purchase of Veteran Marker/Flag Holders said sum to be expended by and under direction of the Custodian of Solider and Sailors Graves. We certify that above signatures are the names - -i of qualified voters from this z ®orr'r town. � �+ wCarTl REGISTRARS OF VOTERS 1 O i.0 GARY S. BRACKETT ELAINE M. LUCAS JOAN B. LANGSAM M. YVONNB GONZkM* JAMBS T. MASIMRALMOS STEVEN C. FLBTCHBR** ELLEN CALLAHAN DOUCETTB DONNA GOMIEL COHBN HEATHER C. WHITE *Also Admitted in Cr **Also Admitted in MB and CO BRACKETT & LucAs COUNmwRs AT LAW 19 CEDAR STREET WORCESTER, MASSACHUSUM 01.609 508-799 -9'139 Fax 508- 799 -9799 Peter I Hechenbleikner, Town Manager Town of Reading 16 Lowell Street Reading, MA. 01867 Dear Peter: OFFICE 165 WASKIdGTON snum WINCHESTER. MASSACHUSETTS 01890 781-729-1500 Fax 781729 -5444 g.MailsJel.an— Com Please respond to to Wbzbeater once February 8, 2005 Re: Warrant Article for Community Parish Nursing As per our discussion of yesterday, the following is a proposed wan-ant article, with petition language, for Sandra Trainor to present as a petition to the Board of Selectmen for inclusion on the wan-ant for the Annual Town Meeting: The undersigned voters of the Town of Reading hereby petition the. Reading Board of Selectmen to place on the warrant of the Annual Town Meeting, April 25, 2005 the following warrant article: . To see what sum the Town will vote to appropriate to the Elder/Human Services Expense line of the Reading Town Budget for Fiscal Year 2006, for the purpose of providing nurse advocacy for frail elders residing in the Town of Reading so thafthey may age in place, or take any other action with respect thereto. Name Address Precinct Please advise if this language is acceptable. If it is could you please forward to Ms. Trainor? very truly yours; Joan E. Langsam 2( ydglb zy To: Selectman From: Reading Historical Commission Date: 27 January 2005 Subject: Carriage House/Stable/Barn ByLaw For Spring Town Meeting 2005 The Carriage House/Stable/Barn ByLaw is another tool to continue to preserve our rich architectural history. The RHC's became involved in this need a few years back with a request from the owner of 42 Chute Street; with an historically significant carriage house. The request was to convert the carriage house into a home for the owner's parents. This request was granted by ZBA with a time limit that has since run out. Upon reapplication the owner's request was denied and the RHC became involved At this time we researched assessor's records, compiled and photographed a listing of possible eligible structures amounting to less than 40 buildings. We have pursued this bylaw not just to save the Chute St carriage house, but to save other carriage house/stable/barns in the town. The CPDC is supporting this bylaw. 4 �,q - 1 -10 -2005 Draft — PROPOSED ZONING CHANGE CARRIAGE HOUSE- STABLE -BARN PRESERVATION BY -LAW 2.2.29.2.. Carria¢e House - Stable -Barn: A building that was constructed prior .to 1910 for the stabling of horses and or garaging of non - mechanized carriages or wagons. 4.3.1.5 To preserve existing; free - standing and detached carriage houses - stables -barns and provide flexibility for housing, the Community Planning and Development Commission may grant a special permit to use a detached carriage house - stable -barn for single - family residential use on a lot with an existing dwelling and exempt the carriage house - stable -barn from section 5.2.1 (minimum side and rear yard set -off requirements) and the lot from section 5.2.8.1 (no more than one principal building on a lot) and the existing buildings from section 5.2.8.2 (distance from principal structures)' provided all of the following conditions are satisfied: 1. The carriage house - stable -barn must have existed as of 1910. When converted for residential use, the structure must have a minimum habitable gross floor area of 400 square feet. 2. The carriage house - stable -bani. and principal dwelling must be and remain located on the same lot. 3. At least one of the dwellings (carriage house - stable=barn -or principal dwelling) must be and remain owner occupied. 4. The principal dwelling must be included in the Historical and Architectural Inventory of Reading MA. OR alternatively qualify by having been built prior to 1910 with a. detached carriage house- stable- barn �l to 5. The principal dwelling on the lot must be used only as a single family dwelling during. such time as the carriage house - stable -barn is being used as a dwelling. A two - family dwelling may be converted to a single- family dwelling to-meet this requirement. The building inspector -shall confirm by inspection that the existing dwelling is being used only as a single- family dwelling before issuing a certificate of occupancy for the use of the carriage house - stable barn. The owner of the property must sign an affidavit recorded at the Registry of Deeds with the special permit specifying that requirement. 6. The exterior facade of the carriage house - stable -barn shall substantially retain its appearance as a carriage house - stable -barn and exterior architectural features. shall be preserved to the maximum extent practicable, keeping in mind the carriage house-stable-barn will be a dwelling: If the fargade of the carriage house - stable -barn shall have been changed. from its original appearance prior to the filing for a special permit under this section, it shall be restored to be consistent with the architecture of the period of its construction. The CPDC shall obtain.a report from the Reading Historical Commission as to exterior features that it recommends be preserved or restored and which, if any, proposed exterior alterations should be allowed on the carriage house-stable-barn. FAX: (781) 942 -9071 Email: townmanager&l.reading.ma.us Town of Reading 16 Lowell Street TO: Board of Selectmen FROM: Peter I. Hechenbleikner DATE: February 11, 2005 Reading, MA 01867 -2685 MEMORANDUM RE: Flexible Benefits Change in Calendar TOWN MANAGER (781) 942.9043 Several years ago, the Town adopted a flexible benefits program. The flexible benefits program provides that employees may deduct from their paycheck on a pre -tax basis funds to be administered by a third party to pay for medical, adult care or child care expenses. This program is successful and growing. There is no administrative cost to the Town — the employees pay approximately $60 per yw for administrative costs. The year for the flexible benefits program starts March 1 as do our other benefits programs. We want to change the year for the flexible benefits so that it expires on December 31 each year. This will make it easier to administer for employees and our third party administrator. This will require approval by the Board of Selectmen. PIH/ps q e., Town of Reading 16 Lowell Street Reading, MA 01867 -2685 Fax: (781) 942 -9037 FINANCE DEPARTMENT Website: www.ciseading.nia.us (781)'942 -9032 Flexible Spending Account Plan Adoption Agreement Article I Purpose The purpose of this Plan is to provide Employees of the Town of Reading with a choice of receiving wages, or reducing wages and receiving certain pre -tax, qualified benefits sponsored by the Town. It is the intention of the Town of Reading that the Plan qualify, as a Flexible Spending Account Plan as defined in Section 125 (d) of the Internal Revenue code, as amended, and that this Plan Document and the statements contained herein, along with any support documents, will meet the requirements of all applicable sections of the Internal Revenue Code, as amended. Article II Adoption The Town of Reading hereby establishes a Cafeteria Plan pursuant to the terms and conditions of this Plan Document. The Town of Reading establishes this plan with the intention of maintaining such plan for an indefinite period of time, and for the exclusive benefit of employees of the Town of Reading. The Town of Reading hereby agrees to furnish each Plan. Participant with a summary of plan terms according to the terms and conditions of this Plan Document, as well as disclosure of all benefits being offered, and any available alternatives to those benefits. The Town of Reading is a municipality operating pursuant to the laws of the Commonwealth of Massachusetts. Employer: Town of Reading Address: 16 Lowell Street Town: Reading, MA 01867 Employer ID: # 04- 600 -1277 Type of Business: Municipality (Town Government) Date Incorporated: 1644 Type of Plan: Section 125 Cafeteria Plan I Administrator: Cafeteria Plan Advisors, Inc. Address of Adm. 420 Washington Street —Suite LL8, Braintree, MA 02184 Phone # of Adm. (781) 848 -9848 Plan Year: March 1, 2005 through December 31, 2005 (short plan year), then calendar years thereafter. Testing Year: Same as plan year Testing Day: LAST DAY OF THE PLAN YEAR A dde'M Definitions The following words and phrases are used in the Plan and shall have the meanings set forth in this Article unless a different meaning is clearly required by the context: ADMINISTRATORS mean the Town of Reading and/or persons who have been designated by the Town of Reading. CODE means the Internal Revenue Code, as amended. DEPENDENT means a Participant's spouse and any person who is a Dependent of the Participant within the meaning of Section 151.of the Code. ELIGIBLE EMPLOYEE means any person employed by the Town of Reading that has met the eligibility requirements 'of Treasury Regulations 1.125 -1, Q & A A-4. It does not include spouses as employees or self employed individuals. EMPLOYEE means any person employed by the Town of Reading on or after the Effective Date. EMPLOYER means the Town of Reading. EMPLOYER PROVIDED BENEFIT means amounts'paid by the Town of Reading on behalf of the employee, or amounts treated as such under Section 125. "Qualified" benefits shall include the flexible spending accounts for unreimbursed medical expenses and dependent care. Each employee enrolled in the flexible spending accounts shall have a maximum allowable Plan Year contn'bution of $ 5,000 for medical expenses and $ 5,000 for dependent care, for a total combined limit of $10,000. HIGHLY COMPENSATED. EMPLOYEE means an employee that meets the requirements of Section 125 (e) of the Internal Revenue Code, as amended. PARTICIPANT means any eligible employee who meets the eligibility requirements of Article IV and .has elected to participate by completing the necessary forms on a timely basis and complying with the terms and conditions of this plan. PLAN YEAR means from January 1 through December 31, unless there is a short plan year (see above). n �/ POLICY means any insurance policy issued. by any vendor according to the terms and conditions of this plan. ADMINISTRATOR means any entity that has issued a contract pursuant to the terns of this plan. Article N Eligibility and Participation It is the intention of the Town of Reading that the eligibility and participation requirements -of this plan conform. to and comply with Section 125 of the Internal Revenue Code as amended. Each employee, whether highly compensated or non - highly compensated, shall be eligible to participate in the plan if such employee meets the requirements of Section 125, and is employed at least 20 hours per week on a regular basis. Unless the participant elects continuing coverage, a participant will automatically cease to be a participant at midnight of the earliest of the following dates: A) The death of the Participant; B) The date of termination of the Participant's employment with the Town of Reading or when he/she ceased to be an Eligible Employee; C) The date of termination of the Plan; D) The first date upon which the Participant fails to pay any contributions required by the terms and conditions of the Plan; Elections are made individually during the 30 day enrollment period prior to the plan year. Participants may elect to participate by signing an enrollment form and by executing a salary reduction agreement. Elections are irrevocable and will remain in force throughout the plan year unless the employee has a change in family status, as explained in Treasury Regulation 1.125 -2 Q & A -6 Article V Funding All payments' of benefits to plan participants shall be made by the Administrator or Sponsor, pursuant to the receipt of salary reduction amounts from the Participants as described below. Employer Contributions Formula: No employer contributions will be made to the Cafeteria Plan. Employee Contributions Formula: q P,'3 . Qualified benefits include amounts set aside in the medical and dependent care flexible spending accounts, when selected by the participants. The annual contribution limit for each account is $5,000 for medical and $5,000 for dependent care, for a combined limit of $10,000. Flexible Spending Account budgets will be deducted on a 20 check per plan year basis. In general, $60.00 per year, or $3.00 per deduction will be withheld from each employee participant and forwarded to Cafeteria. Plan Advisors, Inc. as the administration fee. For the short plan year, the fee will be $ 50.00 per year, .and $ 2.50 per deduction will be withheld All amounts are considered to be made via salary reduction agreement with the Town of Reading. Salary Reductions are to be treated as Employer- Provided Benefits (employer contributions) for purposes of testing under Section 125 of the Internal Revenue Code, as amended. Article VI Plan Amendment and Termination Amendment: The Town of Reading reserves the right to make, from time to time, any amendment or amendments to this plan without the consent of or notice to any person, organization, or other entity. Termination: The Town of Reading may terminate the Plan or any portion of the Plan at any anniversary of the Plan Year, as defined in Article II, however that termination shall not affect any right or claim arising under this plan prior to such termination. Upon termination, the plan administrator will file the appropriate documentation with the Internal Revenue Service, unless instructed otherwise by the Town of Reading. Article VII Administration/ Operation The Plan shall be administered by the Town of Reading, a Vendor, a Third Party Administrator, or a combination thereof, as determined by the Town of Reading. The Town of Reading hereby appoints the following Administrator: Cafeteria Plan Advisors, Inc. 420 Washington Street, Suite LL8 Braintree, MA 02184 (781) 848 -9848 The appointed administrator will perform the fimctions of accounting, record keeping, claims processing, payment of claims, reporting requirements of the Code, and compliance with Section 125 testing provisions. The appointed Administrator is a fiduciary as defined under ERISA and is required to carry out its duties in accordance with these laws and the provisions of the administration agreement entered into with the Town of Reading. The Administrator accepts ' full fiduciary responsibility for the funds received by the Town of Reading for Employee contributions. This plan document shall supersede all other flexible spending accounts plan documents. It does not however, affect the Cafeteria Benefits Plan document adopted by the Town of Reading in 1990. 1 . Exclusions from Gross Income: Any employer provided benefits that comply with Section 125 of the Code as well as the particular Benefit Section of the Code, will be excluded from the -participating employee's gross income. This includes employee contributions through salary reductions. Inclusions in Gross Income: Any employer provided benefits, or portions thereof, that do not comply 'with Section 125 of the code and/ or the appropriate Benefit section of the Code, will be "included" back into the participating employee's gross income and reported on the participating employee's W -2 Form, as required. Article VIII -ERISA Rights This Plan is not a welfare benefit plan as defined in the Employee Retirement Income Security Act (ERISA). However, certain component benefits (such as the Health FSA Plan) may be governed by ERISA. ERISA provides that you, as a Plan Participant, will be entitled to: 1. Receive information about Your Plan and Benefits Examine, without charge, at the Plan Administrator's office and at other specified locations, such as work sites and union halls, all documents governing the plan, including insurance contracts, collective bargaining agreements, and a copy of the latest annual report (Form 5500 series) filed by the Plan with the U.S Department of Labor and available at the Public Disclosure Room of the Pension and Welfare Benefit Administration. • Obtain, upon written request to the Plan Administrator, copies of all documents governing the operation of the plan, including insurance contracts and. collective bargaining agreement, and copies of the latest annual report (Form 5500 series) and updated Summary Plan Description. The Plan Administrator may make a reasonable change for the copies. • Receive a summary of the Plan's annual financial report. The Plan Administrator is required by law to furnish each participant with a copy of this summary annual report. 2. Continue Group Health Plan Coverage • Continue health coverage for .you, your spouse, or your dependents if there is a loss of coverage under the plan as a result of a qualifying event. However, you or your. dependents may have to pay for such coverage. Review this Summary Plan Description and the documents governing your COBRA continuation coverage rights. • Obtain reduction or elimination of exclusionary periods of coverage for pre- existing conditions under your group health plan, if you have creditable coverage under another plan. You should be provided a certificate -of creditable coverage, free of charge, from your group health plan or health insurance issuer when you lose coverage under the Plan, when you become entitled to elect COBRA continuation coverage, when your COBRA continuation coverage ceases (if you requested continuation coverage), before losing. coverage (if you requested continuation coverage), or up to 24 months after losing coverage (if you requested continuation coverage). Without evidence of creditable coverage, you may be subject to a preexisting condition exclusion for .12 months (18 months for late enrollees) after your enrollment date in your coverage. 3. Prudent Actions by Plan Fiduciaries In addition to creating rights for Plan participants, ERISA imposes duties upon the people who are responsible for the operation of the Employee Benefit Plan. The people who operate your Plan, called "fiduciaries" of the .Plan, have a duty to do so prudently and in the interest of the Plan participants and beneficiaries. No one, including your employer, your union, or any other person; may fire you or otherwise discriminate against you in any way to prevent you from obtaining a welfare benefit from the Plan, or from exercising your rights under ERISA. 4. Enforcement of Your Rights If your claim for a welfare benefit under an ERISA- covered plan is denied in whole or. in part, you must receive a written explanation of the reason for the denial. You have. the right to have the Plan review and reconsider your claim. Under ERISA, there are steps you can take to enforce the above rights. For instance, if you request materials from -the Plan and do not receive them within 30 days, you may file suit. in a federal court. In such a case, the court may require the Plan Administrator to provide the materials and pay you up to $ 110 a day until you receive the materials, unless the materials were not sent because of reasons beyond the control of the Administrator. If you have a claim for benefits which is denied or ignored in whole or in part, you may file suit in a state or federal court. In addition, if you disagree with the plan's decision or lack thereof concerning the qualified status of a domestic relations order or a medical child support order, you may file suit in a federal court. The court will decide who should pay court costs and legal fees. If you are successful, the court may order the person you have sued to pay these costs and fees. If you lose, the court may order you to pay these costs and fees (for example, if it finds your claim is frivolous). 5. Assistance with Your Questions q.e6 a, If you have any questions about the Plan, you should contact the Plan Administrator. If you have any.questions about this statement or about your rights under ERISA, or if you need assistance obtaining documents from the Plan Administrator, you should contact the nearest office of the U.S. Department of Labor, Pension, and Welfare Benefits 'Administration listed in your telephone directory, or the Division of Technical Assistance -and Inquiries, Pension and Welfare Benefits Administration, U.S-. Department of Labor, 200 Constitution Ave., N.W., Washington, D.C., 20210. You may also obtain certain publications about your rights and responsibilities under ERISA by calliftg the publications hotline of the Pension and Welfare Benefits. Administration. This agreement is executed at Reading, Massachusetts on February 15,2005: By: Town of Reading Board of Selectmen Riohard W. Schubert Camille W. Anthony George V..I ines. Gail F.* Wood Joseph G. Duffy q.z -7 Flexible Spending Accounts Start saving on medical & dependent care expenses by joining a flexible spending account today. Remember We not what you earn, It's what you keep that countsil An employee paying $5,000 for qualifying child care or medical expenses and earning in the 28% tax bracket could save $1,400 per year in taxes. Plan Year 311105 12131105 *This will be a -short plan year (10 months) (expenses must be incurred within these dates) New Enrollees: 1. Attend a meeting on February 8 or 9, 2005 at 3:30 p.m. in the Selectmen's Meeting Room at Town Hall to get more information and form. 2. Mail or fax back to CPA, Inc. prior to the deadline (2124105). or 1. CALL CPA. Inc. with an annual amount and to request enrollment form. 2. Form is mailed, faxed or emailed to you for signature and date. 3. Mail or fax back to CPA, Inc. prior to the deadline (2124/05). Enrollment/questions toll free number: 1- 800 - 5442340 from 8 am - 4 pm Medical Flexible Spending Account — Pre -Tax Rx Co -pays Orthodontia Chiropractor /Acupuncture Over the counter medicine (no vitamins) Dental Work Eyeglasses /Contacts/Laser Eye Surgery Doctor Visit .Co -pays Dependent Care Flexible Spending Account — Pre Tax Day Care (centers & individuals) Before /After School Care qQ, Guidelines The Flexible Spending Account program administered by Cafeteria Plan Advisors, Inc. of Braintree (CPA Inc.) allows eligible employees to set aside a certain amount of income on a pre -tax basis to pay for dependent care (day care or elder care) and out -of- pocket medical expenses (co-pays RX, doctors - vision care - dental- orthodontia and many others expenses including over - the - counter medicine). Paying for dependent care and medical expenses on a pre-tax basis is extremely cost effective. Plan Limits The Federal Government limits employee contributions to a dependent care account of $5,000. The limit for Medical Reimbursement is *set by the employer and will be $5,000.. Interested employees should elect'one or both accounts and have deductions each pay period. Reimbursements Claims are processed and paid on the 15th and the last day of every month. Checks are payable to the employee and mailed to the home address or direct deposited to your checking or savings account. Dependent Care Account Participants can voucher and be reimbursed the amount available in their account twice a month on 'an automatic and ongoing basis. Medical Account Participants can submit claim vouchers with receipts attached and will be reimbursed the amount of the claim regardless of the current contribution balance (up to.the annual election). Checks are payable to the employee and mailed to the home address or direct deposited. Plan Year The plan year for flexible spending accounts is March 1, 2005 — December 3-1, 2005. Enrollment occurs each plan year. This is not automatic. Expenses must be incurred within the plan year to be eligible for reimbursement. Use It or Lose It - Provisions Be conservative. It is important to calculate what expenses will be incurred as precisely as possible - the IRS does not allow unused funds to be returned. Note that the amount you set aside is restricted. to change by a qualifying event such as birth of a child, marriage, death, change in employment, or premium coverage etc. Fees The fee for participating in the flexible spending accounts is-$50.00 per short plan year divided by the number of pay periods. Brochures and Information Please call Cafeteria Plan Advisors directly @ 1- 800 -544 -2340 with any questions or to request more information. �Qq Board of Selectmen Meeting January'11, 2005 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which . any item was taken up by the Board. The meeting convened at 7:30 p.m. in the Selectmen's Meeting Room, 16 Lowell Street,. Reading, Massachusetts. Present were Vice Chairman Camille Anthony, Secretary Gail Wood, Selectmen Joseph Duffy and George Hines, Town Manager Peter Hechenbleikner and the following list of interested parties: Robert Brown, Arnold Rubin, Paul Duffy, Marlene Wolfe. Reports and Comments Selectmen's Liaison Roorts and Comments — Selectman Joseph Duffy reported that he received information about the Eaton School District, and feels that Cross Street, Ash Street and related areas should be "grandfathered" into the Joshua Eaton School District. Selectman George Hines reported that he, Vice Chairman Camille Anthony and Chairman Richard Schubert attended the MMA Annual Meeting, and he felt that the meeting was better than average. The Governor gave indications of what would happen in local revenues and the expectation that State aid would increase 4 %. Selectman Hines also expressed his thanks to Dan Ensminger for his service on the Reading Municipal Light Board. Dan is leaving the Board effective with this coming election. Vice Chairman Camille Anthony received a call on Sunday morning. regarding snow. plowing. She noted that the Board of Selectmen met on Saturday at 9:00 a.m. regarding the budget. Town Manager's Report The Town Manager gave the following report: ♦ Dan Ensminger has announced his resignation from the RMLB. That will leave a one year term to be Sled in April. ♦ Nomination papers are now available for Town Officers. Fifty Signatures for Officers and 10 in their precinct for Town Meeting Members are required Nomination papers are due back in the Town Clerk's Office by 5:00 p.m. on February 15, 2005. ♦ An update of the flu vaccine distribution/immunization: • Two public clinics — 728 immunized • Homebound immunized — 90 • Police and Fire — 22 • Special Immunizations —105 • Total immunized at the present time — 945 ♦ The Board of Selectmen will be meeting on the budget on Saturday, January 15th at 9:00 a.m. at Town Hall. Sa�� Board of Selectmen Meeting — January 11 2005 — Pam ♦ This week on Wednesday and Thursday, five of our Police Superior Officers will be participating in the Police Chief's Assessment Center as candidates for the Police Chief s position. Current Chief Bob Silva is retiring this Spring. This process will take place here in Town Hall. ♦ Plans are underway for the second annual "Friends and Family Day." The venue will. be changed to the Reading Common, and the organizers are coordinating this with a merchant's event -- perhaps a sidewalk sale. The date is June 25th. I would hope that we would have good participation by Town and School Departments, and I would expect a considerably larger turnout than last year' the change in time of year and venue should help considerably. ♦ The Reading Clergy Association is sponsoring a performance by an African American dance troupe in celebration of Martin Luther King Day. The performance'will be at 10:00 a.m. on Monday, January 17th at St. Agnes Church in Reading. All are welcome to attend and to bring their families. ♦ Sarah List has informed us that she is resigning as a Registrar, and she will be forwarding a letter, She is a Democrat. Her term was to expire this year. She is going to let the Democratic Committee know so they can find someone else. ♦ The Town has just received notice that we have received a recycling grant in the amount of $1,702 which will be spent on educational mailers to residents. ♦ The Town has received the RF Exposure Report on the Sprint cell phone site on the water tower. Discussion /Action Items Change in Policy — Master Plan Advisory Committee — The Town Manager referred the Board of Selectmen to the memo from the Town Planner. The Town Manager thought that this change in policy can be done administratively by the Board of Selectmen without need for a public hearing. The change in policy would be to add a member from the Historical Commission and a member from the Recreation Committee. Ou motion by Hines seconded by Wood. the Board of Selectmen voted to waive the policy uquiring a hearing by a vote of 444. On motion by Hines seconded by Wood. the Board of Selectmen voted to approve a change in the policy establishing the Ad Hoc Master Plan Advisory Committee, as presented by a vote of 4-0-0. Vice Chairman Camille Anthony asked for an update on the progress of the Master Plan generally, and specifically on the Park and Recreation elements. Wood End School Working GroIp — The Town Manager outlined his intention to establish a Wood End Working Group that will be made up of representatives from the neighborhood as well as a member of the Board of Selectmen and a member of the School Department. The consensus of the Board was for the Town Manager to proceed with that process. Board of Selectmen Meeting — January 11 2005 Page _3_ Review Atlantic Market Ligpor License Plan — Joseph Duffy abstained himself from the meeting. Arnold Rubin and Paul Duffy discussed the issues with the Board of Selectmen. The original approval of the plan for sale of - liquor at the Atlantic had it restricted to a single aisle. In December, the Atlantic came back before the Board with a request that additional display areas be permitted in - different area around the store. At its meeting of December 14, 2004, the Board of Selectmen approved the display on a trial basis as the Atlantic had requested. The Board was then going to do individual site visits and determine whether or not to make the approval permanent. The applicant is before the Board tonight to make these display areas permanent. Mr. Rubin noted that there are 17,000 people a week as customers in the Atlantic. They received 12 -15 complaints about the liquor and beer wine displays, and the response overwhelmingly has been positive. The Atlantic presented a plan that the Town Manager dated 1/11/05 which showed the areas that the Atlantic wants to make as permanent displays. This includes moving the cold beer location from the end of the aisle near the fruits and egg display to the end of the same aisle where milk is currently displayed Following questioning Hines moved and Wood seconded a motion for the Board of Selectmen to approve the ,plan for locations for &Wa and sale of liquor at the Atlantic Supermarket as presented on January 11. 2005 with' the move of the cold beer storage location as indicated on the plan by June 1.2005: that the applicant shall produce a final drawing of the plan as approved once the relocation of the cold beer location is finalized. The motion was approved by a vote of 3 -0-0 Selectman Joseph Duffy rejoined the Selectmen's meeting. Public Input — Beer and Wine Package Store Licenses — The Town Manager noted that during the discussion on the award of the last All Alcoholic Package Store License, there was a sense from members of the Board of Selectmen that they would like to see beer and wine package store licenses permitted in Reading. In order for this to be considered, it would require a vote of Town Meeting, approval of a Home Rule Act by the legislature, and approval on an election ballot. If this is going to be done in the near future, the Board should make a decision now as to whether or not it wants this matter to appear on the Warrant for the 2005 Annual Town Meeting. The Town Manager noted that he sent a memo dated January 4, 2Q05 to the holders of all Beer and Wine Package Store Licenses, and also to all businesses who hold a Common Victualler's License or are a convenient store in Reading. Bob Brown asked whether the Board of Health should be invited to participate in these discussions. He noted that there is a procedure at liquor stores and the Board of Selectmen checks this. If the Town of Reading increases the licenses, it would be more work for the Board of Health. Mr. Brown suggested that perhaps rather than increasing the number of total liquor licenses to 10 (five All Alcoholic Licenses .and five Beer and Wine Licenses), perhaps the Town could increase by some lesser number and may even decrease the number of all alcoholic licenses. S'�3, Board of Selectmen Meeting — January 11 2005 — Page 4 Selectman Gail Wood felt that the Police Department should be consulted as to whether or not we should increase the number of licenses. Marlene Wolfe, owner of the property at 4 West Street, indicated that people have told her that they would like to have a way to buy beer and/or wine outside of the Downtown. She indicated that they did not get a notice (notice was sent to the owner at 4 West Street). Vice Chairman Camille Anthony noted that she had received a comment from someone expressing an opposite opinion that they would like to contain the business to the Downtown area. Selectman Gail Wood wondered if liquor licenses bring business Downtown. She's not sure that it does and it also adds to traffic. Selectman George Hines noted that there is not much commercial area outside of Downtown and south Main Street. He indicated that even if the number of total licenses available (All Alcoholic and Beer and Wine Package Store Licenses) were allowed, the Board doesn't need to issue all of them. The Town did not issue its fifth All Alcoholic Package Store License until this year. He felt that it is an issue of convenience. They also might change the mix -- perhaps the Wine Shop and/or the Atlantic would prefer to have a Beer and Wine Package Store License rather than an All Alcoholic Package Store License. Bob Brown asked how often the number of permitted licenses is reviewed. On motion by Hines seconded by Wood. the Board of Selectmen agreed to place this matter on the Annual Town Meeting Warrant by a vote of 40-0. Review Hiring Process — Town Accountant and Finance Dire ctor — The Town .Manager reviewed the proposed hiring process for the Town Accountant. The Town Manager is recommending establishing a screening committee which would review the job description, advise the Human Resource Administrator on the advertising and recruitment process, and would screen applicants with the goal of providing between one and three finalists to the Board of Selectmen. There was discussion about the timing, and the anticipation would be to have somebody in place by about September 1, 2005 to provide some,overlap with the existing Town Accountant. The Town Manager outlined a screening committee that would be made up of one or two members of the Board of Selectmen, a member of the Finance Committee, a member of the School Committee or their designee and the Town Manager. Selectman Gail Wood felt that the committee should be opened up somewhat so that it would not be a "closed government screening committee." She would like to have someone not directly related to government on the committee, but it would need to be someone who has knowledge, perhaps someone from the Audit Committee or perhaps a former Selectmen. 5 ,Xq Board of Selectmen Meeting — January 11 2005 — Page 5 Vice Chairman Camille Anthony expressed the same interest. The .consensus was to have a member of the Board of Selectmen, a member of the Finance Committee, a member of the School Committee, the Town Manager, a current or former Audit Committee member, and two residents at large. Advertisement should take place in May. The Town Manager will come back with a specific policy and schedule for recruitment and.hiring. The Town Manager presented to the Board of Selectmen some options related to the Finance Director's position. These were detailed in a memo dated 1/11105. The -three options are: To fill the position by promoting or hiring a Treasurer /Collector/Finance Director. The key positions of the Finance Department would consist of 8.5 full time equivalent personnel the same as current. 2. Fill the position by promoting one of the other experienced Division Heads to become the Division Head/Finance Director. This could be the Appraiser, the Technology Coordinator or the Human Resources Administrator. This would maintain an FTE of 8.5 full time equivalent personnel in the key positions. 3. Create a position of Assistant Town Manager/Finance Director with approximately half the lime devoted to the Finance Director position and one half to the Assistant Town Manager's position. This would require and increase in key staff in the Finance Department to 9.0 full time equivalent. The Town Manager reviewed the advantages and disadvantages to each. Selectman Gail Wood noted that she liked option three but it could be a situation where we are putting a position in the budget when things may need to be cut. Selectman George Hines noted that the State financial picture appears to ' be improving and felt that the position is important. He also noted that the position requires more of a general administrative function. Trying to combine the positions as the current Finance Director has is not a common fit. Having a numbers person and a people person doesn't always go together. The consensus of all four members of the Selectmen present was to move forward budgetarily and administratively on the combined Assistant Town Manager/Finance Director position. Update on West Street Traffic Enforcement — The Police Safety Officer was expected but since this item has come up more quickly than anticipated, we will go ahead and proceed with discussion. The e-mail from Chief Silva and from Tom Murphy via Chief Silva was reviewed. Selectman George Hines suggested that we provide guidance to enforcement officials that when a truck is not legitimately there, that the drivers should be advised of the alternate routes. Even if the track can be on West Street, drivers should be advised to seek alternate routes. The consensus was to let abutters on West Street know what the enforcement issues are so that they have knowledge of what can and cannot be done. s�r " i•s- • • •n • 3_ M-1-21TWOM ,l I Ill • ARproval of utes On motion by Hines seconded by Day. the Board of Selectmen voted to approve the Minutes of January 3. 2005 by a vote of 4-0-0. On motion by Hines seconded by Wood the Board of Selectmen voted to go into Executive Session for the purpose of stmt= with respect to labor negotiations to come back into Open Session at ap$roximatek_ 10.00 p.m. On a roll call vote. all four members of the Selectmen present voted In the affirmative and the motion was carried. At approximately 10:00 p.m., the Board came back into Open Session. On motion by Hines seconded by Wood the Board of Selectmen voted to accept Section 19 of Chapter 32b of the Massachusetts General Laws to continue the coalition ba_mahft process in place since 1990 relative to health insurance. The motion was approved by a vote of 4-0 -0. On motion by Hines seconded by DnM, the Board of Selectmen voted to adjourn their meeting of January 11, 2005 at 10:05 p.m on a vote of 4-0-0. Respectfully submitted, Secretary . X6. 50- Board of Selectmen Meeting January 25, 2005 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:30 p.m. m the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Richard Schubert, Vice Chairman Camille Anthony, Secretary Gail Wood, Selectmen Joseph Duffy and George Hines, Health Administrator Jane Fiore, Town Planner Chris Reilly, Town Manager Peter Hechenbleikner and the following list of interested parties: Stephen and Janice Nearen- Bell, Bill Brown, Paul Feely, Ben Tafoya, Tony D'Arezzo, Barbara Meade, Joyce Kirk, Helen and Courtney Evans, Frank Driscoll, Bob Beauregard. Reports and Comments Selectmen's Liaison Reports and Comments — Selectman George Hines noted that it would be nice to have the World Series' Trophy come to Reading. He wanted to acknowledge DPW and public employees during the recent blizzard. He thought they did an excellent job and offered congratulations. He also noted that there was an article about the Elder/Human Services study, and that the study got comments from the providers. If any of the group did not articulate their needs, then that is that group's problem, not a problem with the study. He noted that residents who may think there is a problem at the interchange should also add their concerns. Selectman Joseph Duffy agreed with Selectman Hines' comments about the DPW and public employees handling of the blizzard. Selectman Gail Wood also extended her congratulations to the DPW and public employees for their excellent job. She also suggested that residents check their fire hydrants and clear them out. Vice Chairman Camille Anthony noted that the Board of Selectmen is meeting on Saturday regarding the Jordan's lights. The Human Relations Advisory Committee is having a METCO update on February 3'd at 7 :30 at the Police Station. She met last Saturday with residents of Avalon Road concerning issues of speed of traffic. It is not the quantity of traffic but the speed of the traffic that is a concern. She also noted that she attended-the Addison - Wesley meeting with the neighbors. This will be before the Board of Selectmen in the near future. Chairman Richard Schubert noted that he and Vice Chairman Camille Anthony attended the Interchange Task Force Meeting in Stoneham. He announced the address for the website. The website is there for residents to make comments as well as to keep up to date with information. 5k I Board of Selectmen Meeting — January 25 2005 — Page 2 Proclamations /Certificates of Appreciation Citation - On motion by Wood seconded by Anthony. the Board of Selectmen voted to approve a Citation for the Pop Warner Football "C" Team and Cheerleaders by a vote of 5-0-0. Town Manager's Report The Town Manager gave the following report: ♦ Nomination papers are now available for Town Officers. Fifty signatures for Officers and 10 in their precinct for Town Meeting Members are required. Nomination papers are due back in the Town Clerk's Office by 5:00 p.m. on February 15th. ♦ Regarding the entry of Verizon into the fiber optic business in Reading and potentially into the Cable TV business, please see the attached e-mail and material from Dom LaCava of T -TAC ♦ Four members of the Reading Police Department were in Washington, D.C. this week, assisting in security for the Presidential Inauguration. They were Chief Robert Silva, and Officers 'Jack Kyle, Mike Fitzgerald and Matt Edson. Hopefully, they brought back a pot of Federal Aid maybe a small part of what the Inauguration cost? ♦ The Reading Clergy Association sponsored a performance by an African American dance troupe in celebration of Martin Luther King Day. The turnout was good and-the performance was exceptional. ♦ There. is an opening on the Board of Registrars for a Democrat. We have asked the Democratic Town Committee for a recommendation. ♦ Jim Francis has just indicated that he will be resigning from the Finance Committee for business reasons. When we get his formal resignation, we will post the vacancy. ♦ There had been an issue about the appointment process of the Accounting Manager at the RMLD but it has been resolved through the RMLB having the authority to appoint the Accounting Manager/Business Manager. ♦ "Dateline" aired a TV show on the solving . of the 30- year -old murder of Robin Gilbert in Reading. Thisis the so -called "Meadow Brook" murder. I talked to one of the participants in the show who said that the show was generally accurate. She was very grateful that the murder had been solved, and was especially appreciative of the work of Police Lt. Detective Kevin Patterson. ♦ The DPW deserves a great deal of credit for their handling of the recent blizzard. Snow clean -up is still ongoing -- the Square should take another night or two. ♦ Patrol Officer Peter O'Brien's last day on the job is next Wednesday. Peter is retiring after a lifetime career with the Town. Discussion/Action Items Request for adding Cordials to Restaurant Beer and Wine Licenses — Stephen and Janice Bell appeared before the Board to Selectmen to discuss the issue of cordials identified as having 49 -110 proof. There are 18 specific cordials or liqueurs on a list provided by the State. Selectman George Hines felt that if we added cordials, then we would have to review the fees for Beer and Wine licenses as less expensive than All Alcoholic licenses. . 5 Board of Selectmen Meeting — January 25. 2005 — Page 3 The Board asked if there could be three categories of licenses: All Alcoholic Liquor, Beer and Wine, and Beer and Wine and Cordials. They also asked for a list of cordials from the State. The Board will consider putting this matter before Town Meeting: Review of the "Smart Growth" Zonin_e Initiatives — Town Planner Chris Reilly reviewed his memo dated January 10, 2005. Smart Growth is a State initiative which will provide for increasing housing density around core areas of communities where utilities of transportation exist to serve those uses. The incentive is a one time payment to the Town of Reading of $3,000 per unit. 20% of the units need to be affordable. Selectman Gail Wood wants to know if this would work even without the financial incentives. Chris Reilly indicated that a preliminary analysis shows that in Reading's Downtown there would be 100 -200 units of housing that could be developed Using existing dimensional controls and providing housing primarily in upper stories of commercial uses. Selectman George Hines noted that we need to revisit the issue of parking and the 300 foot rule. Vice Chairman Camille Anthony was concerned that the issue of housing in Downtown will -get lost in the shuffle of other business. It looked like the idea of a timeline. There are some other measures that we could put in place. There was discussion that this matter could be handled at a Special Town Meeting, perhaps with a report at the Annual Town Meeting. Review of John Street Neighborhood Issues — The Board reviewed the John Street neighborhood issues. The following actions will be taken: (1) a report from staff on short - term and long -term goals including the enforcement plan; (2) hold a neighborhood workshop meeting; (3) get results of the traffic study in March and (4) work on the long- term list. On the long -term list, I have No. 2 which is to develop a policy on public notification that requires notice of greater than 300 feet depending on size and impact of project — we will get a review from Town Counsel on that matter. On the short-term proposal No. 7 which is to eliminate the unloading of car carriers on a public way, we will work with the State Police in determining the legality of that. The suggestion was made that we consider using some of the $100,000 from Walkers Brook Crossing to hire a consultant to review proposals. Bill Brown noted that 128 Ford does not have the right to display vehicles on public property as they currently'do. Tony D'Arezzo of 130 John Street had two questions/comments: (1) that we should try to extend the traffic study as far as possible, perhaps to Route 128/28, and (2) can we have the next developer of Addison - Wesley do a study of all three access points off of Route 128. 5A.3 Board of Selectmen Meeting — Jauuary 25 2005 — Page 4 Selectman Gail Wood noted that this would probably be a more extensive traffic study than would be warranted by the development. Smoking in Clubs — Barbara Meade from the Board of Health, Jane Fiore from the Health Division and Bobr Beauregard from the Tobacco Control District were present. All the clubs are currently exempt from smoking regulations., If they are to be further regulated,, the Board of Health would need to do those regulations. There are five private clubs in Reading. All serve food. All the clubs at one time had cigarette vending machines and those are currently eliminated. The clubs that could allow smoking are the Knights of Columbus, the American.Legion, Meadow Brook Golf Club and the VFW. They have not had any issues. Bob. Beauregard noted that this is a philosophical/political issue. Of the 11 communities in their Tobacco Control District, only one prohibits smoking — Middleton. There would also be an enforcement issue. One of the issues would be whether the clubs in allowing smoking, compete directly with other bars. That is not the case in Reading. Private clubs are an extension of the home. The major concern in prohibiting smoking would be whether the allowing of smoking has an impact on the employees. Chairman Richard Schubert asked if there were any complaints from employees. At the clubs, it was indicated that there were not. Selectman Gail Wood felt that if we do consider this, there should be some kind of process with the clubs. Vice Chairman Camille Anthony feels that it is a health issue. Jane Fiore felt that if we are going to do any regulations, it should be a combination of education enforcement. Selectman George Hines suggested that we do the education, and that we consider offering to do a health survey. Chairman Richard Schubert agreed that we should do the educational process. The sense of the Board of Selectmen was that we should keep the regulations that we have in place, we should do education in clubs, and we should offer to do a survey. Bob Beauregard commented that at the last quarter (October - December 2004), there was no instance of youths purchasing tobacco in Reading.' He congratulated the community. Board of Selectmen Meeting - January 25 2005 — Page 5 Follow Uy — Memorial Park Recommendations — The Town Manager reviewed the Memorial Park recommendations made by the Ad Hoc Study Committee. One of the questions raised was whether this should go through Town Meeting. The Town Manager noted that Town Counsel felt that since Town Meeting accepted the land, Town Meeting should be involved in the process. Selectman George Hines disagreed, but agreed to perhaps have Town Meeting endorse the request for a cy pres agreement. On the items to be allowed, Selectman Hines proposed Item 2 to be reworded as follows: Practices by community based sports and recreation groups as permitted by the Recreation Committee. The Board also suggested that as along as we are doing any changes, we should memorialize the allowance for the fence enclosures to the tennis court and basketball courts. The consensus was to move. forward either with a cy pres agreement or identifying. areas and getting them to sign off on the uses. Bill Brown noted that the park was gifted to the Town through the Planning Board because there was no Park Commission at the time. Ben Nichols stated that there might be a couple of heirs. Chairman Richard Schubert felt that the restrictions as proposed are overly burdensome. Update on Train Whistles — The Town Manager gave an update on train whistle blowing. He noted that the Town will need to show a plan in progress towards improving the safety of the Ash Street grade crossing. In doing so, in our annual approval, we will be able to retain the whistle ban. There being no farther business on motion by Hines seconded by Anthony, the Respectfully submitted, Secretary 5 '0�sI Board of Selectmen Meeting January 29, 2005 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The- meeting convened at 9:00 a.m. in the Senior Center, 49 Pleasant Street, Reading, Massachusetts. Present were Chairman .Richard Schubert, Vice Chairman Camille Anthony, Secretary Gail Wood, Selectmen Joseph Duffy and George Hines, Town Planner Chris Reilly, Town Manager Peter Hechenbleikner and the following list of interested parties: Doug Wood - Boyle, Scott Miller, Lorraine and Bill Toppi, Nancy Littlehale, Diana Lavancher, Dick Nazzaro, Fred Sawin, Rob Miller, Elizabeth Rogers, Kim Park, Joanne Senders, Dorothy Zanni, Elaine Secher, Kevin Cignetti, Carol Fuoco, Chris Kielupules, Kevin Kelliher, Pat Black, Charles and Eileen Collins, A. J. Heidkamp, Alison Simcox, Mark and Jeannette Spataro, Kathy Hatherly, Jean Humphrey, Joie Gerrish, Zack Wang, Betsy Ridges. Discussiou/Action Items Site LightWg at Walkers Brook Crossing and Jordan's Furniture Site -The purpose of the meeting is to hear public input with regard to issues about Jordan's lighting. The Board does not intend to get into a dialogue or discussion on the matter but just to hear your input. Dick Nazzaro of 13 Carnation Circle and President. of the Board of Trustees of Greenhouse Acres CcIndominiums spoke.. He noted that he had been meeting with the developer since December 2003. They had met with Dickinson's and Jordan's, and didn't think that the lights would be a. major issue. They had understood that the light fixtures would be a shoebox type of lighting. They have discussed the matter with Jordan's and they have made some adjustments, but they are not satisfactory. The two issues of concern are: (1) lighting and (2) noise after hours. They suggest that five lights that have their back to the condos don't bother anybody and can be left on. They suggest that the seven other post and building lights should be turned off when they are no longer in business. Elliot Tatelman stated at one of the meetings that "Jordan's is glitzy." Jordan's should change the lights on the seven poles and put in shoebox type of lighting fixtures. They should install spot lights at a lower level. The slats in the fence need to be changed to be more opaque. They don't block lights from cars coming up the hill. Dickinson has agreed to install an additional 120 feet of fence and install slats. He reviewed the history of the plans. There are 11 light posts in front of the Home Depot lighting 750 spaces. There are 12 light posts in Jordan's lighting 750 spaces. They had concerns about sweeping at night -and that hasn't happened.. They understand that • the snow plowing needs to happen at night; however, they would prefer the snow removal not take place at 4:00 a.m. They'd like to have a situation where there is no disturbance from midnight to 7:00 a.m. s �: • . • • � �i� �! �L -.�i•_• ' • • ' Ill ' : • - Voters in Reading voted for the Prop 2% override to preserve the quality of life, and they want to see the quality of life maintained. Some things have been promised and some have been delivered. Town Planner Chris Reilly noted that if the issues can't be worked out otherwise, then the neighbors have the right to litigate but they .would prefer to get the issues resolved . Mark Spataro of 25 Lakeview Avenue indicated that the lighting glares into the bedrooms that face the Jordan's parking lot. Previously, -that area was completely dark. Although they have adjusted the lighting, it is still bright. There is also a generator motor that runs during the night. Lighting for Phase II could make life on Lakeview Avenue much worse. Alison Simcox of 28 Stedman Street m Wakefield spoke. She handed out a one page flyer for the Board. She is concerned about the affects on Lake Quannapowitt. She reviewed the Friends of Lake Quannapowitt statement. She suggests some possible solutions in the statement. Vice Chairman Camille Anthony asked if she knows of any locations where motion detectors are used in large commercial parking lots, and Ms. Simcox indicated that she would have to research it. A.J. Heidkamp of 5 Lakeview Avenue in Wakefield spoke. Dick Nazarro mentioned lighting on the parking lot. Any solution should deal with all other areas. Jordan's doesn't have to give up anything. The current lighting detracts, and he stated that it looks like a prison yard. They could save on electrical costs. Scott Miller of 6D Carnation Circle spoke. He expanded on Dick Nazarro's comments. He noticed that there was a change in plan from 2001-2003, and there was a change in the number of parking spaces. For structural reasons, they want the lights on the perimeter of the site. The first plan was modified so that 750 spaces could be required and it modified the slopes.. The parking lot was expanded and the retaining wall was approved. They have to keep the trash from the landfill onsite and that's why they had to build up the parking lot. The main building structure is on pilings and the lot is not. The developers claim that lighting can't be put down in the middle of the lot because it is a former landfill. Lower lights could be installed. He has met with Jordan's consultant. He indicated that the lighting scheme is the only way that it can be done. He talked to Ed Shaw - and he admitted that it was a cost issue. Changes can't be made now. He has done a file review. Jordan's consultant, Irving Gould, has opted for bigger lights with less lighting. The original site plan called for lights straight down. When the major site plan changed, it was reviewed by the Planning Commission, and there was no opportunity for citizen review. The original consultant indicated that the tilt of the lights would 30 be degrees. The plan calls for the tilt of lights to be 56-80 degrees. 90 degrees is straight out; and 55 degrees is the industry standard A plan was submitted to the Town. There was not enough oversight. He talked with the Town Engineer regarding the conditions of the permit which calls for Town oversight. In his opinion, the issue is what the original proposal was and what we have now. The parking lot is required to be lighted. If additional parking lot lights need to be installed, that would be one solution. The developer states that they can't do it because the foundations of the new lighting would sink into the landfill. It would cost a lot of money. The lighting is for- safety and security. Vice Chairman Camille Anthony asked if there was an equipment change from shoebox lighting. 5000 Selectman Gail Wood noted that the entire site can't be lighted by perimeter lighting. One of the previous speakers had mentioned North Andover High School and Vice Chairman Camille Anthony asked about that. Selectman George Hines noted that the High School is not primarily used at night and there are different issues. He definitely feels that things can be done with the current Jordan's site. Chairman Richard Schubert noted that the North Andover High School is probably not on a landfill. Selectman George Hines noted that the point loading and wind considerations are different for different lighting fixtures. The Town Manager reviewed the lighting policy that was included in the Selectmen's packet with an e-mail from John Hanley. Their policy, at least as of last evening, was not being followed. Selectman George Hines noted that they don't need to be advertising when the store is closed. Barry and Elliot Tatelman are trying to be-good to the Town, and we need to continue to work with them. Rob Miller of 1D Carnation Circle spoke. He noted that Dickinson agreed that the driveway would be depressed six feet and this wasn't done. He felt that was because the developer didn't feel like doing it. He also feels that the way Jordan's lights up, the building makes it look like a casino. The issue is attitude. Nancy Littlehale of 17 Smith Avenue spoke. She felt that the parking lot was bigger than it was going to be. It would be good if there was more greenway. If Dickinson and Jordan's are able to solve this problem with the Town, it would be good public relations =- the community, Town and businesses working together. The current situation doesn't allow residents to get eight hours of sleep and that's contrary to Jordan's advertising. Selectman Gail Wood noted that we need to give some time for the plantings to grow. Chris Kielupules of 102 Eaton Street spoke. He is in the'development/real estate business. He feels that Jordan's would'want to create a village feel, not a casino feel. The Town has turned a liability into an asset but now it's effecting assessed valuation of homes. The developer has' a long -term lease. Procedural things were not done right. Did the Town have consultants to represent it? Joie Gerrish of 18D Carnation Circle spoke. She felt that the developer was not acting in good faith. Pat Black of 18B Carnation Circle spoke. She's a realtor. Generally units in this development are sold in three weeks. There are two units on the Jordan's side that have been on the market for 90 days and sold for $10,000 under market value. - She finds the "hot pink" sign offensive. Scott Miller of 6D Carnation Circle spoke. He noted that the parking lot is 30 feet higher than Green House Acres, and the light pole is 45 feet so they are looking up at a 75 foot light pole. The landfill was required to be capped. Large trees can't be put on the landfill. Dickinson has offered to put arborvitae on their property to help screen the site. 5 Board of Selectmen Meeting - January 29 2005 — Page 4 Selectman George Hines noted that the snow banks are currently taking care of the car lights. Dick Nazzaro noted that the developer had promised to plant 200 pine trees at the base of the berm. He has also committed to plant arborvitae in the rear of two of the units. Selectman George Hines noted that the idea of motion detectors on the lights could be used at Green House ,Acres -- the area is illuminated by lights that are on all night. Joie Gerrish noted that those are street lights. She indicated that there have been numerous meetings and there has been a lot stated here that was stated previously. If people could come up with solutions, that would be helpful. How did we get here to this situation? Still, after all of those meetings, nothing has changed. Chairman Richard Schubert noted that this is a large project on a complicated site. It is difficult to build on this site. The Town is not a developer. We try to do everything we can for checks and balances. It is difficult to understand all impacts of every development until it is done. We have been working three to four months to get improvements made. The Board of Selectmen has not been involved to date. Now, the Board of Selectmen is trying to get involved and have some influence in making changes. The process has to be played out. Selectman George Hines agreed that it is definitely time for the Board of Selectmen to be involved. Vice Chairman Camille Anthony would like to know why changes were made in the plan and asked the Town Manager to find out. Betsy Ridges from.Wakefield noted that she has an advertising business and they do business in Reading. She objected to 'the lighting and signage on the front of the building. Between Wakefield and Framingham, this is the brightest lighted facility on Route 128. The up lighting on the front is extraneous. It shines across the lake. Alison Simcox from Wakefield asked if the Town would indemnify Wakefield of the plan. The Town Manager noted that all legal requirements were met. Chairman Richard Schubert noted that we had received a memo from Diana Lavancher. The next steps are as follows: 1. Process the questions and what we're hoping to. accomplish. 2. The Board of Selectmen will review the information. 3. The Board will meet face to face with Dickinson and Jordan's. 4. The goal will be to get some positive changes made. The question was raised as to whether technical expertise was needed and the Town will determine that. Selectman George Hines noted that people contact the Town Manager. SG . 1: I 1 - - 111 - I &,y 11' It was suggested that Pha§e II of the development be reviewed for lighting and landscaping issues. A. J. Heidkamp from Wakefield noted that Al Turco, a Selectman in Wakefield, is interested in this issue. It was agreed that the Board of Selectmen Chairmen would talk.' On motion by Wood seconded bi Duft, the Board of Selectmen voted to adjourn their meeting of January 29 2005 at 10:30 a.m. by a vote of 5 -0-0 Reppectfully submitted, Secretary 6650 Board of Selectmen Meeting February 1, 2005 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 7:30 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Richard Schubert, Vice Chairman Camille Anthony; Secretary Gail Wood, Selectmen Joseph Duffy and George Hines, Town Manager Peter Hechenbleikner, Paula Schena and the following list of interested parties: Diana Lavancher, Domenic LaCava, Bruce Cerullo, Bob LeUcheur, Ben Nichols, George Perry, Ted Smethurst, Bill Brown, Diane Weggel, Paul Feely, Donat Roy, Frank Touserkani, William. Pike, Lori Presho, Theresa Petrillo, Heidi Bonnabeau, Mary Avery, Tony D'Arezzo, Richard Balboni, John O'Connor, Kate Thibeault, Bill Brooks, Rich Rostoft, Joan Neary, Attorney Mark Favaloro, Bob Frazier, Richard Askin.' Reports and Comments Selectmen's Liaison Reports and Comments - Selectman George Hines noted that he observed the lighting at Jordan's on Friday night and met with the neighborhood on Saturday. He feels that some of the concerns could be addressed. Selectman Joseph Duffy noted that he received a phone call from a South Street resident regarding Addison - Wesley; and wanted to know if the Selectmen would be making a decision tonight. He indicated that the Selectmen would just be listening tonight. Selectman Gail Wood noted. that she was impressed with the pictures of people in Iraq standing in line and risking their lives to vote. Vice Chairman Camille Anthony noted that she received a phone call from a concerned citizen regarding the one hour parking in front of Aroma Caf6 — she was told that one Dour is a problem, The Town Manager noted that staff has looked at the parking Downtown and a hearing will be scheduled in March. Vice Chairman. Anthony also indicated that there was an interesting article in the Northwest Weekly from other communities who have comments about budgets and cost of health care. Chairman Richard Schubert noted that there will be a ZBA Workshop on February 15, 2005 at 8:00 p.m. at the Senior Center regarding the zoning at the Addison - Wesley location. Public Comment — Diana Lavancher of 3 Smith Avenue noted that she was not at the Selectmen's meeting on Saturday; 'January 29th, regarding the lighting at Jordan's/Home Depot. She spoke with Elliot Tatelman regarding the lights and he indicated that he would do what he can but he put most of the responsibility on the developer. Elliot suggested to her that if the Town is going to hold the developer responsible, they should do it now while the development is s�` C. N . u. a. a ..• Tt still going on. She also noted that she would like to see some of the $100,000 for mitigation used for landscaping around abutters' homes. Chairman Schubert noted that the $100,000 is earmarked for Walkers Brook traffic issues. Town Manag 'r s Rgpsrt The Town Manager gave the following report: ♦ The Town Manager noted that he spoke with John Hanley at Jordan's and he admitted that the lights are not in accordance with their own protocol. ♦ Nomination papers are now available for Town Officers. 50 signatures for Officers and 10 in their precinct for Town Meeting Members are required. Nomination papers are due back in the Town Clerk's Office by 5:00 p.m. on February 15th. ♦ The Governor has applied for a State of Emergency declaration for the January blizzard. If designated, we are prepared to submit all of the required paperwork to get the maximum possible reimbursement. ♦ The Board of Selectmen is meeting this Saturday morning to review the final draft of the budget. We received very good news on the State Aid numbers included in the Governor's budget. We still have some reductions to make but will have a balanced budget for the Board of Selectmen, and will maintain the Board of Selectmen top priority. ♦ Regarding the entry of Verizon into the fiber optic business in Reading and potentially into the Cable TV business, Vice Chairman Camille Anthony, Town Counsel Joan Langsam, T- TAC Member Dominick LaCava and I met with Verizon last week. I would like to suggest that I establish a working group consisting of *two members of the Board of Selectmen, two members of T -TAC, a member of RCTV, a School Committee member, Town Counsel and myself to develop a proposed negotiating strategy for a Cable TV franchise with Verizon. That strategy would be to come back to the Board of Selectmen for approval. We will also determine whether or not we need outside assistance in developing this strategy. ♦ These are the following openings in Town Government: • Board of Registrars for a Democrat • Two Conservation Commission members • Human Relations Advisory Committee • Cemetery Board a Water, Sewer, and Storm Water Management Advisory Committee a Finance Committee ♦ Patrol Officer Peter O'Brien's last day on the job is Wednesday. Peter is retiring after a lifetime career with the Town. ♦ Chief Greg Burns, Human Resources Administrator Carol Roberts and I have interviewed 11 candidates for three Firefighter positions. These are all replacement positions. ♦ Following up on Saturday's meeting re: Jordan's, I contacted their operations person Monday and he promised that the issue of leaving all lights on all night would be corrected immediately. ♦ The RCTV Annual Report is being distributed to the Board of-Selectmen this evening. Discussion/Action Items Verizon Cable TV — The Town Manager noted that Verizon has wired most of the Town with fiber optic for e-mail and they need a franchise to offer Cable TV. They are asking that the 'Ok Board of Selectmen Meeting — February 1. 2005 - Page 3 Town send a letter to the MADTE (Massachusetts Department of Telecommunications and Energy) requesting proposals and waiving the waiting period. Domenic LaCava from the Technology and Telecommunications Advisory Committee was present. He noted that this will be a competitive and robust network. He also noted that the waiver has been applied for many times by other communities and it was granted. He noted that the voice and data services will come first and the Cable TV will take months. Selectman Gail Wood asked how the responsibilities regarding the I -Loop, etc. would be split between Comcast and RCTV. The Town Manager noted that would have to be worked out. On motion by Wood seconded by lames the Board of Selectmen voted to initiate the process for solicitation of proposals for a Cable TV provider for the Town of Reading: and to seek a MADTE waiver from the provisions requiring certain notice and advertising requirements. The motion was approved by a vote of 540-0 The Town Manager noted that he would like to establish a committee to work on this. Selectman Joe Duffy and Vice Chairman Camille Anthony volunteered to serve on this committee. Interim Presentation — Hospital Development Committee — Hospital Development Advisory Committee Members Bruce Cerullo and Bob LeLacheur were present. The Town Manager noted that -the Committee has had four meetings, have come to a conclusion, and would like to brief the Board of Selectmen on it. Bruce Cerullo noted that the money was left to the Town by three families and it is in a Trust Fund in the amount of $4 million. The intent of the wills is to build a hospital to defray the medical cost of the needy in Reading. He also noted that it would cost $56 million - $155 million to build a hospital. It would cost $2 million - $3 million to convince the State that we need a hospital. Mr. Cerullo noted that the Department of Public Health has indicated that the need for a hospital is not there. The Committee feels that it does not make sense to pursue building a hospital and they will look at other options. Bob LeLacheur noted that $4 million is not a windfall but is helping a lot of people now. Selectman George Hines indicated that he is the Selectmen representative on the Committee and the Committee is doing its due diligence. The Town Manager noted that if the outcome is to go to court for a cy pres, then the court will want to make. sure everything has been done. Establish a Committee to Review the Tax Classification — The Town Manager noted that he suggested setting up a committee to look at the tax classification during the last tax classification hearing. He also noted that the report from the last committee in 1993 was *in the Selectmen's packet. 50�,'3 Board of Selectmen Meeting — February 1 2005 — Page 4 Selectman George Hines noted that he would rather have an explanation from staff as to what has changed to justify going through this process. Chairman Richard Schubert indicated that he thought there might be some value to revisit this again. He noted that several things have changed including population, shift in the taxation; i.e., money not coming back from the government. Selectman Gail Wood noted that it is not unreasonable to do a study every 10-12 years because it is hard to explain to residents why we don't shift the tax rate. She also suggested changing the membership of the committee from the Tax Payer's Association to a resident or non- member of a committee. Selectman George Hines noted that if the tax burden is shifted, the biggest burden will fall on small businesses. Selectman Joe Duffy concurred with Selectman Hines. Selectman George Hines noted that the Selectmen have a lot on.the table right now, and they have other committees that they will be needing volunteers for. The consensus of the Board was to have staff do a summary and bring it back to the Board of Selectmen. Land Bank Committee. Policy — Land Bank Committee Members Ben Nichols, George Perry and Ted Smethurst were present. The Town Manager noted that when the Charter Review Committee was meeting, they discussed establishing a committee to deal with land matters. The discussion revolved around having the Planning Commission take on the duties or keep the Land Bank Committee. He also noted that the Town Meeting Minutes of March 21, 1966 established the committee as having three members. Page 12. of the Charter mentions the Land Bank Committee but nothing is said about how many members or what their function is. The Town Manager noted that Ben Nichols has a newspaper article from 1966 regarding the Land Bank Committee, and he suggests that Ben do a summary and then send it to the Board of Selectmen. George Perry noted that the committee cannot expand on their duties unless the Town acquires new land. Selectman Gail Wood noted that there is no policy on what they do or why. Selectman George Hines suggested refining the section in the Selectmen's Policies. The Town Manager noted that he will get the 1966 news article from Ben Nichols and then work .with the Land Bank Committee in drafting a new policy. Selectman Gail Wood suggested looking at whether the number of members should be increased. 5�,q Board of Selectmen Meeting — February 1. 2005 — Page 5 Presentation of Proposed Redevelopment — Pearson — Attorney Mark Favaloro representing W/S Associates, Bob Frazier and Richard Askin were present. Chairman Richard Schubert noted that the Selectmen will not be making a decision tonight. This is a very preliminary presentation to inform the Board of what they are thinking of developing. There will be zoning workshops on this project. Selectman George Hines noted that he met with the Town Manager, CPDC members and the proposed developer. The Town Manager noted that the development can be built with CPDC approval. The presentation tonight would need zoning changes that would have to go to Town Meeting. Attorney Favaloro noted that the developer is holding a workshop on February 8th at Addison - Wesley. Bob Frazier, Vice President of Development for W/S Associates, noted that they are a shopping center developer and are redeveloping the Redstone Plaza. He also noted that they had a neighborhood meeting and a lot of residents are unhappy with the existing traffic. He noted that they could cul-de -sac the road to keep traffic off of local streets. Proximity to abutters is also an issue. Richard Askin noted that this will be a Lifestyle Center that is a state of the art development that will fit into the landscape. The majority of the storefronts point to the interior of the site and parking will be in the interior of the site. They want the footprint of the building to infringe on the 100 foot setback. They would give up the use of the 95 foot-height. There will be 400;000 square feet of retail. To control light pollution, the light fixtures will be shielded. Attorney Favaloro noted that what they are asking for is to abandon Jacob Way as a public way and to be able to extend into the buffer zone. Vice Chairman Camille Anthony. noted that she has been to many shopping malls, and the Wrentham Mall is incredible and the traffic on Route 1 in Kittery is horrendous.. She doesn't believe that they will be able to retain the traffic. Bob Frazier noted that the Board of Selectmen approved a traffic reconfiguration for a 600,000 square foot office. Vice Chairman Camille.Anthony asked how many parking spaces there would be, and Richard Askin noted that there would be 4 per 100 square feet. Selectman Gail Wood noted that making South Street a cul- de-sac may not be possible. She also noted that there is a 100 foot setback because it is a residential area, and there were issues of lighting and snow was being pushed into people's yards. Service times will need to be addressed. Screening should be a mix so it's not all deciduous trees, and you will have screening in the Winter. • Board of Selectmen Meeting — February 1. 2005 — Page 6 Selectman George Hines asked about moving the circulation road to the Route 128 side. Richard Askin noted that would be difficult because the ' landscape is all different heights but he could drop the level of the roadway. Selectman George Hines asked if they could lower the back of buildings so they won't be so visible to the community. Richard Askin noted that there are. a lot of flat roofs. It is pedestrian oriented and they want the back of the buildings to be as low as possible. Selectman Joseph Duffy indicated that he feels the developer has a conflict of interest with Redstone. He asked if they would be willing to buy the realtoes building, and Bob Frazier responded that they would not. Chairman Richard Schubert noted that it is important to have peer review. He asked if they have considered condos or offices, and Bob Frazier indicated that they are retail developers. He doesn't think condos mix well with retail. Chairman Richard Schubert asked about reserved area "A," and Bob Frazier indicated that they were committed to preserving it. Vice Chairman Camille Anthony noted that police details are not on the Town -- it. is their responsibility. The Board of Selectmen thanked the developer for his presentation. Aunroval of Minutes A motion by Anthony seconded by Wood to approve the Minutes of December 4. 2004 was approved by a vote of 5-0 -0. A motion by Wood seconded by Hines to approve the Minutes of December 14, 2004 was approved by. a vote of 5-0-0. . A motion by Anthony seconded by Hines to approve the Minutes of January 4. 2005 was approved by a vote of 4-0-1. with Wood abstaining. A motion by Anthony seconded by Hines to approve the Minutes of January 15. 2005 was approved by a vote of 540-0. A motion by Anthonv seconded. by Wood to adiourn the meetine of February 1. 2005 at 10:30 p.m. was approved by a vote of 5- Respectfully submitted, Secretary Board of Selectmen Meeting Saturday, February 5, 2005 For ease of archiving, the order that items appear in these Minutes reflects the order in which the items appeared on the agenda for that meeting, and are not necessarily the order in which any item was taken up by the Board. The meeting convened at 9:00 a.m. in the Town Hall Conference Room, 16 Lowell Street, Reading, Massachusetts. Present were Chairman Richard Schubert, Vice Chairman Camille Anthony, Secretary Gail Wood, Selectmen Joe Duffy and George 'Hines, Department Heads Fire Chief Greg Burns, Police Chief Bob Silva, Public Works Director Ted McIntire, Acting Library Director Elizabeth Dickinson, Finance Director Beth Klepeis, Town Accountant Richard Foley, Town Manager Peter Hechenbleikner and the following list of interested parties: Town Meeting Member Bill Brown, Library Trustee Vicki Yablonsky, Mellisa Russell from the Advocate. Discussion/Action Items Review FY 2006 Budget - The Town Manager reviewed the revised revenues for FY 2006. He pointed out changes in the overlay reserve, fines, interest earnings, State aid and the Reading Ice Arena Authority. There was discussion about how the State aid figures were derived, and the Town Manager noted that the Town Accountant had done a full analysis of the Governor's proposed budget and its effect on Reading. The total increase in State aid from FY 2005 to FY 2006 was $237,379. The Town had previously anticipated a reduction in State'aid. The Town Manager went over the list'of reductions that have been made to date in the various departments, and indicated that the final $53,003 will be spread evenly among all departments. The chart shows what the effect of this would be per department, and- we will be meeting with the departments next week to finalize how this would be done. Vice Chairman Camille Anthony asked if we would be doing the Road Capital Program. She asked for a state of the roads report. There was additional discussion on the Capital Improvements Advisory Committee establishment, and Selectman George Hines indicated that he was going to meet with the major "stake holders" to talk about this. There was discussion on the health insurance program. During the month of March, there will be a Forum for the Finance Committee, Board of Selectmen, School Committee and for the general public on what the different issues are with regard to health insurance for municipal employees. There being no further business. on motion by Anthony seconded by Duffy. the Board of Selectmen voted to adjourn their meeting of February 5, 2005 at 10:30 a.m: by a vote of 5-0-0. Respectfully submitted, Secretary Q Comcast January 27, 2005 2M5 JAN 31 M II= 10 Via Certified Return Receipt Requested Mall Board of Selectmen Town of Reading 16 Lowell Street Reading, MA 01867 Dear Members of the Board: Attached please find a copy of the 2004 Annual Consumer Complaint Form "Form 500" as required by Chapter 166A of the General Laws of Massachusetts. As you will see from the overall summary there has been a significant year over year reduction in the number of complaints filed by consumers. We believe this to be directly attributable to the many improvements Comcast has initiated throughout 2004. Despite the increasingly complex nature of our business - which yields more than 3 million interactions with our Massachusetts customers monthly overall customer complaints as captured by the Form 500 continue to decline overall. Customer complaints in Massachusetts alone were down by 13% compared to 2003 — and complaints about customer service have decreased by almost 50 %. Please be assured the company will continue to focus on this initiative in 2005 in hopes of further reducing customer complaints. We survey thousands of our customers every month to get direct feedback regarding our performance. Every employee in New England has been charged with thinking about the customer first and finding new and innovative ways to make the customer experience with Comcast the best it can possibly be. The Form 500 requires operators to report how they respond to customer's concerns about the operation of their cable system, including the time it takes to resolve a complaint. As you may be aware the Division defines "complaint" for Form 500 purposes as: Any written or verbal contact with a cable operator in connection with subscription in which a person expresses dissatisfaction with an act, omission, product or service that is (1) within the operator's control, and (2) requires a corrective measure on the part of the operator. Comcast is proud of the commitment it has made in customer service, which continued to improve despite a year of constant change. We are proud to have added new and improved products such as: Video on Demand, High Definition and Digital Video Recorders, as well as increased the number of digital channels available to customers throughout Massachusetts. A copy of this Form 500 has been forwarded to the Massachusetts Department of Telecommunication and Energy, Massachusetts Cable Division. If I can be of further assistance to you on any matters related to this report, please feel free to contact me at 978- 207 -2264. Very truly yours, ime M. Lyman Manager of Government & Community Relations Form 500 Complaint Data Comcast Cable 676 Island Pond Road, Manchester, NH 03109 - 28,/an-05 (978) 848 -5476 Code Key: Avg. Resolution Time <1> L.ess than 1 Day <2> 1-3 Days <3> 4-7 Days <08-14 Days <5> 15-30 Days <6> >30 Days Town Avg READING Year I 2004 Subscribers 7642 Advertising/Marketing Appointment Service Can BIWNG Customer Service EQUIPMENT INSTALLATION Other. Damage Reception Service Interruption Q� Code Key: Manner of Resolution A. Resolved to the salWaction of both parties. B. Resolved, customer dissatisfied. C. Not Resolved. 1 Manner of Resoltdon (see code key atiore bribe manner represented by the letters below) The number below aech letter In cates the number of complaints resolved In that manner. A. Avg Total Resolution Complaints Time (see 13 code above) 2 <2> 15 <2> 26 <2> 3 <3> 50 <2> 159 <2> 1 <3> 2 <2> 276 <3> 1 Manner of Resoltdon (see code key atiore bribe manner represented by the letters below) The number below aech letter In cates the number of complaints resolved In that manner. A. B. C. 2 0 0 13 2 0 23 3 0 3 0 0 44 6 0 139 19 1 1 0 0 2 0 0 242 32 2 Form 500 Service Comcast Cable 676 Island Pond Road, Interruption Data Manchester, NH 03109- 28,/an -05 (978) 848.6476 Code Key: Duration of Service Intertupdon <- Less than 1 Day <2> 1-3 Days <3> 4-7 Days <0 8-14 Days <6> 15-30 Days <6> >30 Days Town Reading —1 Year 2004 Date of Service Interruption Subscribers 7642 Duration of Service interruption (see Code Key above) Reading 1216/2004 <1> Reading 5/24/2004 <1> Reading 6/23/2004 <1> Reading 10116/2004 <1> Reading 612312004 <1> Reading 11/12/2004 <1> Reading F 10/15/2004 <1> Reading 7/7/2004 <1> Reading 5/242004 <1> Reading 12/3 MA <1> Reading 4/122004 <1> Reading 1 12282004 1 <1> Ce- e James B. Francis Q S' 156 Prospect St, Reading, MA 01867 781- 942 -2646 - jbf63@comcast.net January 31, 2005 C rrnn C= cgrn I Z =C", N G7 n rn Ms. Cheryl Johnson D n Town Clerk Mo Town of Reading Reading, MA 01867 Dear Cheryl: Please accept this letter as my resignation from the Reading Finance Committee. My last day will be February 04, 2005. I am resigning because I have accepted a job in New York and will be relocating in the next two weeks; I will therefore be unable to serve out my term. Sincerely, James B. Francis g Jr - L (CO WS Development Associates LLC February 1, 2005 Re: Redevelopment of Addison Wesley Campus C2 . Meeting with Abutters Affiliated with S.R. Weiner and This is to follow up on our meeting of January 18"' regarding redevelopment Associates, Inc. of the Addison Wesley Campus on Jacob Way. The goal of that first meeting was to introduce the concept and character of the retail "lifestyle" center. In consideration of your feedback we have further developed details of intended improvements. If you have interest, this is to invite you to a follow up meeting: Time / Date: 7:00 pm Tuesday, February 81i, 2005 Location: Building 'E', Addison Wesley Campus (same as before) We look forward to meeting again and working with you. If you are unable to attend, or would just prefer to call us.directly, please do not hesitate to call me at (617) 232 -8900. Very truly yours, Richard K. Askin Project Manager RKAAp cc: William Brooks, Pearson Education .Peter Hechenbleikner, Town of Reading Chris Reilly, Town of Reading Robert* Frazier, W/S Development Associates LLC %L` Community Center Development 1330 Boylston Street • Chestnut Hill, MA 02467 • (617) 232 -8900 • www .,srweiner.com Eastern Middlesex Multiple Listing John J. & Lois Halligan 70 Main Street 357 South Street Reading, MA 01867 Reading, MA 01867 Douglas J. & Lori J. Neary Paul J. & Angela Murphy 355 South Street 343 South Street Reading, MA 01867 Reading, MA 01867 Jean C. Carr, Trustee Joseph F. Petrillo & Chase -Carr Realty Trust Theresa DeLuca 539 West Street 329 South Street Reading; MA 01867 Reading, MA 01867 Patricia S. & Francis J. Lane Judith Bradley 317 South Street 313 South Street Reading, MA 01867 Reading, MA 01867 John G. Blake Mary Ellen & Walter B. Begonis 291 South Street 289 South Street Reading, MA 01867 Reading, MA 01867 Jean & Daniel P. Peirce Mary D. Avery 283 South-Street _ 277 South Street Reading, MA 01867 Reading, MA 01867 Christopher & Laura A. Diemer Jeffrey Gee 267 South Street 54 Curtis Street Reading, MA 01867 Reading, MA 01867 Christopher & Elizabeth Farley Frederick J. & Joan M. Doherty 64 Curtis Street 68 Curtis Street Reading, MA 01867 Reading, Ma 01867 Dennis Curran Jr. William H. Jr & Cynthia A. Black 80 Curtis Street 84 Curtis-Street Reading, MA 01867 Reading, MA 01867 Timothy P. & Susan M. O'Connor Allan & Robin Hamilton .96 Curtis Street 102 Curtis Street Reading, MA 01867 Reading, MA 01867 Joan P. Neary 355 South Street Reading, MA 01867 Mark Schneider 357 South Street Reading, MA 01867 Scott R & Sheila C. Spinney 323 South Street Reading, MA 01867 Thomas E. & Josephine A. Keane 305 South Street Reading, MA 01867 Lorraine C. McCarthy 287 South Street Reading, MA 01867 Robert M. & Theresa M. Murphy . 271 South Street Reading, MA 01867 Joseph M. & Lisa M. D'Alessio 58 Curtis Street Reading, MA 01867 James D. & Karen A. Doherty 76 Curtis Street Reading, MA 01867 Donat J. & Josephine A. Roy . 92 Curtis Street Reading, MA 01867 James T. & Kathleen Lynch 39 Lilah Lane Reading, MA 01867 , Brett & Megan Rice Patricia A Griffin Nancy Zaks, Trs of 3 George Street 99 Curtis Street 97 Curtis Street Realty Trust Reading, MA 01867 Reading, MA 01867 3 George Street Reading, MA 01867 Mark D. & Julie A. Segalla: 85 Curtis Street Reading, MA 01867 Miriam L. Acebido 69 Curtis Street Reading, MA 01867 Lisa M. & Ronald J. Iapicca 257 South Street Reading, MA 01867 Karen M. Dussault 7 George Street Reading, MA 01867 Town of Reading 16 Lowell Street Reading, MA 01867 Robert E. Johnson 292 South Street Reading, MA 01867 rancis X. O'Brien & Judith Green 318 South Street Reading, MA 01867 Gangfeng Xu & Yuqing. Xue 332 South Street Reading, MA 01867 Lori Neary & Jay Doughty 348 South Street Reading, MA 01867 William Tacito & Jean K. Sweeney 81 Curtis Street Reading, MA 01867 Anthony J. & Jane M. Natola 61 Curtis Street Reading, MA 01867 James T. Lynch, Trs of L.A.B. Realty Trust 90 Main Street North Reading, MA 01864 Theodore R. & Leonora Sapienza 15 Farquhar Street Roslindale, MA 02131 Stephen J. Johnson, Trs of The Willard J. Johnson Realty Trust 282 South Street Reading, MA 01867 Stephen D. & Jane C. Bean 296 South Street Reading, MA 01867 Christopher L. Brungardt & Christine Bolduc 324 South Street Reading, MA 01867 Jerome J. & Heidi M. Bonnabeau 336 South Street Reading, MA 01867 Paul C. Mitchell & Karen D. Ramacorti 356 South Street Reading, MA 01867 Ruth M. Dicks c/o Freeman Dicks 4 Daniels Street CT #3 . Salem, MA 01970 John T. & Diane. G. O'Connor 55 Curtis Street Reading, MA 01867 Eleanor T. Howland;'Elaine M. Hoy Susan J. Cianciulli & Cheryl A. Larse 12 George Street Reading, MA 01867 Bo Jin 274 South Street Reading, MA 018667 Marianne H. Green 286 South Street Reading, MA 01867 Marjorie A. Messina 310 South Street Reading, MA 01867 Ronald W. & Christina M.H. Powel 328 South Street Reading, MA 01867 Charles A. Jr & Lori A. Presho 340 South Street Reading, MA 0.1867 Edward D. & Florence E. McIntire 362 South Street Reading, MA 01867 Gb Walter C. Fowle Marc & Kathryn Therrien Robert R. & Marie G. Romano 370 South Street 16 Haystack Road 12 Haystack Road Reading, MA 01867 Reading, MA 01867 Reading, MA 01867 William W. & Beverly A. Hunter 11 Haystack Road Reading, MA 01867 Anthony A. & Peter J. Tambone Trustees of South Realty Trust c/o Atlantic Tambone 6 Kimball Lane, Suite 300 Lynnfield, MA 01940 �G� c I c,Su �;'7� �° a� ✓,�addaG�ettd 20'" MIDDLESEX DISTRICT BRADLEY H. JONES, JR. READING • NORTH READING LYNNFIELD • MIDDLETON STATE REPRESENTATIVE ROOM 124 MINORITY LEADER TEL (877) 722-2700 Rep. B redleyJonesOhou.stste.ma.us January 31, 2005 Mr. Peter Hechenbleikner Town Manager 16 Lowell Street Reading, MA 01867 Dear Mr. enble' January 26 Governor Romney released his budget recommendations for Fiscal Year 2006. Due to improving economic conditions the Governor's total budget increased about 2.4% from FY'05 to $23.22B. The Governor's budget includes an increase in the main local aid line items from last year of almost $180M, or about 4.2%. Also, PILOT accounts are increased 20% from $12.5M to $15.1M. The budget dedicates about $100M to education, of which about $77M will go to increases in Chapter 70 aid. The remainder will be divided between adult education ($8M), the Gifted and Talented program ($1M), help for failing schools ($2M), tools to track student performance ($4M) and expanded school to work programs ($1M). The special education circuit breaker is level funded at $201 million. This resulted in a preliminary 72% reimbursement rate for local districts in FY'05, which is nearly the state's obligation. Locally, the Town of Reading is designated to see a 4.6% percent increase in local aid from last year. Even though they are only preliminary, the Governor's local aid figures for the town are as follows: Governor's Local Aid Proposal — Town of Reading Gov. FY'06 Final FY'05 % Change Chapter 70 Aid $6,278,435 $6,082,107 3.2 % Additional Assistance $1,534,901 $1,534,901 0.0% Lottery Distribution $2,083,179 $1,841,015 13.2% TOTAL $9,896,515 $9,458,023 4.6% * Includes so -called Lottery Maintenance, First Installment of "20% Lottery Uncapping" and Supplemental Local Aid Distributed Via Lotter I expect there will be much analysis of the Governor's budget proposals in the coming months as the Legislature prepares and then debates its own version of the budget. Though nothing is guaranteed, I am cautiously optimistic positive economic trends, improving revenues and political pressure will encourage the Legislature to adopt final local aid numbers at or above the Governor's proposals. I am sure this outlook will prove welcome news to the town as you prepare your own municipal budget for next year. As always, I will strive to keep you updated of any budget developments here on Beacon Hill. Should you have any questions, please feel free to contact me at your convenigce. - - - - -, -- -- �Jr. Minority Leader 1 C I7 °` �atc �ou,�a, ,�oatas O.t7.ff 70.5.E 20'" MIDDLESEX DISTRICT BRADLEY H. JONES, JR. READING • NORTH READING STATE REPRESENTATIVE LYNNFIELD • MIDDLETON MINORITY LEADER ROOM 124 TEL (817) 772 -21 Rep.Brad IeyJon es @hou.st.ma.us January 31, 2005 W 1• Peter Hechenbleikner, Town Manager Town Hall 16 Lowell Street Reading, MA 0186 Dear Mr. henble' January 5 marked a beginning of a new two -year session of the General Court. The House and Senate currently are in the process of organizing themselves for the work ahead and are preparing to tackle the substantive issues facing us as citizens of the Commonwealth. Most observers agree it promises to be a very busy two years. I recently inventoried the many files in my office pertaining to local issues and recalled how many great things we have been able to accomplish together. I am proud of those achievements and I am sure you are too. At the same tune; `I realize work continues on many other important issues facing the town and .I am excited for the opportunity to continue advancing those causes as a member of the House of Representatives. You and I have spoken about many such issues in recent months, but I want to be sure my office has an accurate and updated list of matters which are most important to the town. With that in mind, I would appreciate it if you could spend a few minutes to jot down what you consider to be the town's top priorities for the coming year (whether they be financial, legislative or otherwise) and if there is any way you think I could be of assistance to you in attaining necessary goals. It would be very helpful to me if you could send me a list of such matters sometime in the near future, either in writing or by e-mail, or by calling me at the State House if you prefer. As always, I look forward to hearing from you. Please do not ever hesitate to call me should there be any way I or a member of my staff can assist you. • LL A [!I. Jones, Jr. . Leader G�c a- i �� c i sBORS EAST SIDE NE G 17 Elliot Street �tp5 EEB -9 Reading, AM 01867 February 4, 2005 Mr. George Danis RE. PIP Designation: RTN # 3- 24370, One General Way, Reading, Massachusetts Dear Mr. Danis With regards to the property located at One General Way, this committee requests the following items be addressed by your consultant and submitted to us for review. Document reviews have indicated that this property is and was a former DEP Site and CERCLA Site. The following items are requested in writing: 1. Soils Management Plan 2. Health and Safety Plan 3. Certificates of Insurance for Professional Liability 4. 40 Hour OSHA certificates for all workers to be on site 5. See Figure 3 (Ram Plan) and locate on it proposed new sampling points both outside and' inside the existing building This will include sub slab samplingpoints. This 'will help better delineate the "Site ". which may extend beyond property boundaries 6. Additional installation of ground water monitoring wells with proper soil and water sampling and testing (Including TCLP for all metals, and analysis by Seven Trent labs for identification of ash/combustible contents) for applicable compounds of concern. Sampling for kad In both soils and groundwater is essential given the very high TCLP values (44.8 and 128 PPDW reported by your consultant in it's October 20, 2004 Limited Removal Action (LRA) subsurface investigation report (page 4). 7. Details ofproposed soil stabilization method as described in RAM Soils should not be mixed on ground but in a roll off container 8. Air monitoring plan to track fugitive dust during remedial activities and plan to control dust during excavation 9. Review plans prior to commencement of work and final RAM completion report. 10. If needed draft document showing AUL language and appropriate documents. Prior to commencement of ga additional response actions, this Committee requests a complete and thorough review of all proposed activities and start dates thereof. k\. All appropriate response actions and notifications will be pursuant to the Massachusetts Contingency Plan (310 CMR 40.0000). These very high TCLP values correspond to extremely high lead values in soils from the area of boring B -8 as noted on, f Igure 3 of the LRA report. In closing, the TCLP baseline for pass /fail is 5 PPM. Values of 12.8 and 44.8 PPM are 2 to 8 times the standard and thus represent to our community a major concern for the protection of health, safety and welfare of the environment. Please send all correspondence to: Michele Urann 17 Elliott Street Reading, MA 01867 Sincerely, EAST SIDE NEIGHBORS Cc: K Stromberg, BWSC, One Winter Street, 9" R DEP HERO, Boston, MA 02108 Town of Reading Board of Health Town of Reading Board of Selectman Town of Reading Building Department Town of Reading Planning Board Town of Reading Zoning Board of Appeals Dan Jaffe, IES — 265 Medford Street, Somerville, MA 02143 v� at FAX: (781) 942.9077 Email: townmanagerCcl.reading.ma.us February 10, 2005 West Street Residents Dear Resident: Town of .Reading 16 Lowell Street Reading; MA 01867 -2685 i-IC 8 oS TOWN MA OER (781) 9424M At its meeting on January 11, 2005, the Board of Selectmen had some extensive discussion regarding enforcement on "heavy vehicle exclusion" on West Street. As you know, the Town within the past year or so was able to get a heavy vehicle exclusion designated on West Street. Even though there is a heavy vehicle exclusion, you should be aware of the following: 1. All State, Municipal and Federal utility vehicles are exempt from the exclusion. This includes all - mail delivery trucks, transportation buses, RMLD, Nstar, Verizon, Mass DPW, Reading DPW, and vehicles of this nature. 2. All vehicles making deliveries to West Street addresses or to a location off of West Street that cannot be reached by an alternate route, are also. exempt from the exclusion. 3. There are two major residential construction sites at either end of West Street. The construction vehicles must use West Street to gain access to these sites. This includes utility work required for these projects. 4. A number of business establishments on the north and of West Street continue to have the ability to use West Street because the driveways accessing these sites are directly on West Street. The Police Department will continue to do whatever they can in terms of enforcement. Our Safety Officer is also working with the Mass Highway Department to improve signage particularly on the southerly end of West Street., If you have any questions or comments about this matter, please don't hesitate to contact me. in rel , Peter I. Hechenbleikner Town Manager PIH /ps • Reading Municipal Light Board of Commissioners 230 Ash Street Reading, MA 01867 February 16, 2005 7:30 p.m Regular Session Agenda Note: The RMLD Board of Commissioners Accounting Manager Subcommittee met Friday, February 4, 2005' at 8:00 a.m. in the RMLD General Manager's Conference Room. The RMLD Board of Commissioners General Manager Contract Subcommittee met Friday, February 4, 2005 at 9:00 am in the RMLD General Manager's Conference Room The RMLD Board of Commissioners Legal Services Review Subcommittee met Friday, February 4, 2005 at 10:00 a.m. in the RMLD General Manager's Conference Room The RMLD Board of Commissioners Community Relations Subcommittee met Tuesday, February 15, 2005 at 8:00 a.m. in the RMLD General Manager's Conference Room This meeting of the Reading Municipal Light Department R1ALD) Board of Commissioners February 16, 2005 is being broadcast at the RMLD's office at 230 Ash Street, Reading, MA. Live broadcasts are available only in Reading due to technology constraints. This meeting is being video taped for distribution to the community television stations in North Reading, Wilmington and Lynnfield. 1. Regular Session Agenda 2. Report of the Chairman of the Board a Letter from Virginia Adams, Chair, Town of Reading Historical Commission Note: The Reading Historical Commission would like to endorse the continuation of the RMLD calendar. b. Letter to Chairman, Citizens' Advisory Board (CAB), Roger Lessard Note: This in response to CAB Member Fred Van Magness' suggested changes to the Accounting/Business Manager position. 3. Selectmen Liaison, Citizens' Advisory Board and Customer Comments 4. Action Items a. 121 kV SF6 Circuit Breakers On December 2, 2004 a bid invitation was placed as a legal notice in the Reading Chronicle requesting proposals for 121 kV SF6 Circuit Breakers for the Reading Municipal Light Department. An invitation to bid was emailed to the following: Power Tech WESCO J.F. Gray & Associates General Electric Company EL Flowers & Sons, Inc. Bids were received from GE Company, HICo, Siemens, Areva T&D Inc., Mitsubishi and WBSCO. The bids were publicly opened and read aloud at 11:00 a.m. January 10; 2005 in the Town of Reading Municipal Light Department's Board Room, 230 Ash Street, Reading, Massachusetts. g A * Regular Session Agenda February 16, 2005 4. Action Items a. 121 kV SF6 Circuit Breakers The' bids were reviewed, analyzed and evaluated by the General Manager and the staff. PLM also reviewed the lowest qualified bidder and submitted their recommendation. Suested Motion: Move that bid 2004 -611 for 121 kV SF6 Circuit Breakers be awarded to: GE Company for a total cost of $321,300.00 &m Qft Manufacturer Total Net Cost 1 7 GE Hitachi 5321,300.00 as the lowest qualified bidder on the recommendation of the General Manager. The total 2005 Capital Budget allocation for the purchase of the replacement circuit breakers at Station 4 was $524,000. Of that, $350,000 was allocated for the 115 kV circuit breaker replacement units. The total value of the 7 circuit breakers bid totals $321,300 after lowest.qualified bid analysis. b. 38 kV Vacuum Circuit Breakers On December 2, 2004 a bid invitation was placed as a legal notice in the Reading Chronicle requesting proposals for 38 W Vacuum Circuit Breakers for the Reading Municipal Light Department. An invitation to bid was emailed to the following: Power Tech WESCO J.F. Gray & Associates General Electric Company EL Flowers & Sons, Inc. Bids were received from S&C Electric, WESCO, Siemens and Areva T&D Inc. The bids were publicly opened and read aloud at 11:00 a.m. January 10, 2005 in the Town of Reading Municipal Light Department's Board Room, 230 Ash Street, Reading, Massachusetts. The bids were reviewed, analyzed and evaluated by the General Manager and the staff PLM also reviewed the lowest qualified bidder and submitted their recommendation. Sunested Met-ion: Move that bid 2004 -6A for 38 kV Vacuum Circuit Breakers be awarded to: WESCO for a total cost of $141,157.00 item Q_ty Manufacturer Total Net Cost 1 5 ABB $141,157.00 as the lowest qualiSed bidder on the recommendation of the General Manager. The total 2005 Capital Budget allocation for the purchase of the replacement circuit breakers at Station 4 was $524,000. Of that, $174,000 was' allocated for the 35 kV circuit breaker replacement units. The total value of the 5 circuit breakers bid totals $141,157 after the lowest qualified bid analysis. Regular Session Agenda February 16, 2005 5. Report of RMLD Board Subcommittees a. Accounting Manager Subcommittee (Commissioner Soli) b. General Manager Contract Subcommittee (Commissioner Soli) c. Legal Services Subcommittee (Commissioner Pacino) d. Community Relations Subcommittee (Commissioner HerWry) 6. General Manager's Report 3 a. RMLD Accounting/Business Manager Position Note: This is an e-mail received from Citizens' Advisory Board. (CAB) member Fred Van Magness relative to the RMLD Accounting/Business Manager position. b. 2004 Pro Forma Financial Statement C. Quarterly Legal Update d. Update 2005 APPA Legislative Rally 7. Board Discussion a. Rate Comparisons, January 2005 b. E- Mall Explanation for Account Payable and Payroll Removal Sheets C. Town of Reading, Town's Statement of Values (Commissioner Herlihy) Next Meeting Dates Wednesday, March 16 RMLD Board of Commissioners Subcommittee.Meetings RID Board Rotation at Citizens' Advisory Board (CAB) Meetings Tatasday, March 2, 2005 CAB Meeting- LynnBeld Town Hall- Voting Room (Downstairs) S. Executive Session (General Manager's Conference Room) Suatested Motion: Move that the Board go into Executive Session, to discuss strategy relative to Federal Energy Regulation Commission (FERC) and Regional Transmission Organization (RTO), Arbitration, IBEW Loca1103 issues and to return to Regular Session for the sole purpose of adjournment 9. Motion to Adjourn Regular Session Agenda February 16, 2005 Refer+arree In formation - Appropriate topics for Evecudve Session: nis Agenda has been prepared in advance and does not (1) to discuss the "reputation, character, physical condition or mental health rather than the professional competence" of a particular individual, (2) to consider the discipline or dismissal of, or to hear complaints or charges brought against a public officer, employee, staff member, or individual, (3) to discuss strategy with respect to collective bargaining or litigation, if an open meeting may have a detrimental effect on the bargaining or litigating position of the governmental body; to conduct strategy sessions in preparation for negotiations with nonunion personnel; and to conduct collective bargaining sessions or contract negotiations with nonunion personnel, (4) to discuss the deployment of security personnel or devices, (5) to investigate charges of criminal misconduct or to discuss the filing of criminal complaints, (6) to consider the purchase, owlange, lease or value of real property if an open discussion may have a detrimental effect on the negotiating position of the governmental body with a person, firm, or corporation, (7) to comply with the provisions of any general or special law or Federal grant - in-aid requirements, (8) . to consider and interview applicants for employment by a preliminary screening committee or a subcommittee appointed by a governmental body if an open meeting will have a detrimental effect in obtaining qualified applicants; provided, however, that this clause shall not apply to any meeting, including meetings of a preliminary screening committee or a subcommittee appointed by a governmental body, to consider and interview applicants who have passed a primary or preliminary screening, (9) to meet or confer with a mediator, as defined in section twenty-three C of chapter two hundred and thirty- three, with respect to any litigation or decision on any public business within its jurisdiction involving another party, group or body, provided that: (a) any decision to participate in mediation shall be made in open meeting session and the parties, issues involved and purpose of the mediation, shall be disclosed; and (b) no action shall be talcen by any governmental body with respect to those issues which are the subject of the mediation without deliberation and approval for such action at an open meeting after such notice as may be required in this section. and to return to regular session [choose applicable topics] (1) for the sole propose of adjournment; (2) for the purposes of coritinuing regular session; [individually list each Commissioner and their vote] Revised in accordance with the Open Meeting Law Guidelines, September, 2003 IYA Town of Readin 16 Lowell Street' Reading, MA 01867- -2683 Phorn: 781 -942-M f= M-M-M we v&.- mmw.c m%*ng x=ug/ =ring Tmn Planner (CPDC Clerk): ©ate Reilly e-mall: aayGd.tra&ng nucus Community Planning and Development Commission Agenda Meeting Dated: February 15, 2005 Location: Senior Center, 49 Pleasant St. Time: 7:30 PM 1. Administrative Review: 1 7:30 GIS Standards for Site Plan Review and Subdivision Regulations Site Plan Review Extension Request -87 Walkers Brook Drive (Shell) 2. Zoning Workshop: 8:00 Addison- Wesley/Business C District zoning amendment Carriage House Bylaw Downtown Mixed -Use Bylaw 3. Certificate of Appropriateness (continued) 10:00 Reading Station Coffee Depot, 32 Lincoln St. (Action date: February 15, 2005) 4. Certificate of Appropriateness 10 :15 The Cottage Faire, 12 Woburn St. (Action date: April 11, 2005) 5. Public CommenVMinutes 10:30 C \DOCOMS 1 \PHBCM- 1 \1AGLS -1 \T—p \2]5.05 A"aaAx z / c&} 1) L (C & Or MWRA ADv[ ORY o BOARD 2 News O e s A publication of the MWRA Advisory Board February 2005 ... s • .. v.. n x a a e u< e n u n n a o _', t,, a. '.1 �, .. 4 .._ Y y" a e , , m,:" s q a. a C . 'y A 8 ., . r q. ! O a, r: a Group's Efforts Send Project Costs Soaring In a recent notice to ratepayers, the Advisory Board detailed ongoing efforts by a local conservation group to derail a critical public safety project taking place at the Blue Hills Reservoir in Quincy. The Blue Hills Covered Storage Project includes the construction of a drinking water storage facility at the Blue Hills Reservoir, which is currently maintained by the MWRA as an emergency, non - potable water source. The facility would serve a population of over 100,000, protecting drinking water from contamination, stabilizing water pressures in the distribution system and creating an ability to feed off a,storage facility if needed. Ongoing efforts by the Friends of the Blue Hills (FOBH), based in Milton, to halt the Blue Hills project have resulted in a delay of eighteen months, increasing project costs by an estimated $3 million. Most recently, the FOBH requested that the Department of Environmental Protection remove the Blue Hills project from a list of projects eligible for State Revolving Fund (SRF) monies. If successful, this action would result in a loss of $5 million in federal assistance, . a cost that would need to be absorbed by the ratepayers. In the notice, Advisory Board Chair Katherine Haynes Dunphy said ratepayers deserve to know about the rising cost associated with this project and the reasons behind it. She added the project is an important step toward protecting the MWRA's waterworks system post September I Vh. To view the entire notice, please visit the AdvismyBeatd'sweb site. Upcoming MeetingLMvents February 9 -- MWRA Board of Directors Meeting 10:00 am in Charlestown February 14— If Valentine's Day IV February 16— Operation's Committee Meeting 10:00 am at the Americal Civic Center in Wakefield February 18-- Executive Committee Meeting 8:30 am at Advisory Board Office February 24— Advisory Board Meeting l 1:30 am in Lexington March 9— MWRA Board of Directors Meeting 10 :00 ant in Charlestown Ratepayers 0 for Three in Governor's Budget For the third year in a row, Governor Romney zero - funded the Debt Service Assistance (DSA) program in his budget recommendations (referred to as House 1), leaving ratepayers to shoulder the more than $5.4 billion in MWRA outstanding debt. Currently, nearly 60 percent of MWRA's operating budget goes directly to paying this debt. Last fiscal year, the MWRA Legislative Caucus led a successful effort to restore DSA, securing $10 million for the program in the Legislature's budget and overriding the Governor's subsequent veto. This action reduced MWRA's effective overall rate increases from 3.9 percent to 1.9 percent. Ratepayers must again look to their elected Senators and Representatives for funding for this program in FY06. To read more about the cuts to DSA and obtain information about contacting your elected officials to express your support for this program, please visit the Advisory Board's web site. Water Use Continues Downward Trend MWRA .water demand for 2004 was 220 million gallons per day (mgd),) according to year -end water use numbers. This figure represents the lowest demand in 50 years. Impressively, Boston's demand of 77 mgd marked the City's lowest water use since sometime before 1910; a near 100 -year low. The low figures can be attributed to increased emphasis on water conservation, system rehabilitation, aggressive leak detection/repair and the rising cost of water. 5.7% Rate Increase Proposed for Fiscal Year 2006 The MWRA has released its preliminary recommendations for water and sewer assessments to communities for Fiscal Year 2006. A combined water and sewer rate revenue increase of 5.7 percent was proposed. This includes an 18.2 percent increase for water assessments and a 0.5 percent increase for sewer assessments. Advisory Board staff will have 60 days to review and comment on the proposed increases and will submit recommendations to the full Advisory Board in May. Individual community assessments can be accessed on the MWRA's web site at www.mwra.state.ma.us. Additionally, Advisory Board staff is continuing its review of the FY 2006 Capital Improvement Plan and will submit recommendations to the full AgIvisory Board at its March 24`h meeting. Reading Application Before WRC for Second Time Te Water Resources Commission (WRC) voted at its January meeting to put the issue of reconsideration of the Reading Interbasin Transfer Act application on its agenda for its February meeting. The move comes at the request of the Ipswich River Watershed Association and the Water Supply Citizens Advisory Committee (WSCAC) who believe recent changes to Reading's application warrant further consideration by the WRC. More information about their request can be accessed in the January summary of the MWRA Board of Directors' Meeting, available on our website. If you have any questions regarding topics raised in this newsletter or any other MWRA issue, please contact: Andrea Briggs, Govemment/Media Coordinator • Phone: 617 - 742 -7561 • Fax: 617- 742 -4614 • Email; andrea.briggs@,rnwra.state. Web Site: http: / /www.mwm. state .ma.usladbrdlhtml /hpadbd.htm L / (-6q, Hechenblelkner, Peter. From: George Hines [ghlnes@mbta.com] Sent: Wednesday, February 02, 200511:50 AM To: Reading - Selectmen; cebrungardt @comcast.net Subject: Re: a couple thoughts about the lifestyle center ... To your last point first: The developer doesn't get to turn South St. Into a cul -de -sac, the selectman do and that is unlikely to happen. Is having a mall-of this nature any worse than being the home of Frugal Fannies? The BoS has consistently worked to protect downtown and will continue.to work to do everything within our authority to keep it a viable commercial center. There are limitations on what the town can do when the property is not owned by the town. I don't recall a discussion of a food market, they did talk about a food court for resteraunts. Every business has to expect that they will be faced with competition and be prepared to deal with it. Reading has a great reputation and it is hard to imagine that the proposed project would change the town's reputation into a mall town. The pressure of keeping up with the Jonses is something parents have to deal with no matter what. As was stated in the meeting last night, the developers proposal is only a starting point. The [process may result in a significantly different project or no project from this developer at all. George V. Hines, Project Manager MBTA Design and Construction 10 Park Plaza Boston, MA 02116 Tel: Office; 617- 222 -4332 Fax; 617 - 222 -1557 e -mail: ghines @mbta.com >>> "Christine Brungardt" <cebrungardt @comcast.net> 02/02/05 09:34 AM Town Reputation Do we want to be a mall town? What do we want to be known for - a place to shop? Known for traffic like Wilmington's route 38? Family Values Do we want our kids hanging out at a mall they can walk to? This would be our new teen and preteen hangout. Also, this ups the ante in the keep up with the Jones factor for our kids with full priced Tommy Hilfilger type stores in their neighborhood. Do we want to teach our kids shopping as a hobby? With consumer credit debt at an all time high, do we want to increase temptation for our residents? The Atlantic They mentioned a grocery store. Since they have built Wild Oats, I'm guessing it would be a Whole Foods type of store. If this store were to happen, along with a brand new Shaws, along with the new grocery store across from Home Depot, what chance would the Atlantic have of staying in business? Downtown This thought made me think of how malls can kill downtowns. When malls first sprouted in the 70's they became famous for killing the downtown areas. What does this do to plans to reinvent the downtown area? I Number of Stores 1 The number of. stores is growing. Originally it was 40 to 50. Last night's numbers were 50 and 60. Their preliminary drawings last night showed 70 shaded areas. Of course any large store - grocery, Barnes and Nobles reduces this number. Thoughts in the Neighborhood There are two fears. The obvious one is traffic.. The second is fear of the unknown. People are worried that if this proposal was defeated, that the next proposal could be worse. They fear gigantic 95 foot buildings with giant parking garage's. Pitting South St. against the Town The developer will solve all of South St.'s problems by turning it into a cul de sac. If it doesn't happen, it's the town's fault. I realize that all this would accomplish is pushing the problem over to Walnut and adding South St., Curtis, Sturges and all the other roads that come out onto South as well as all our cut through traffic to Walnut. Sincerely, .Christine Brungardt 324 South St. cebrungardt @comcast.net g�z- Hechenbleikner. Peter From: Frey, Bob (MHD) [Bob.Frey@state.ma.us1 Sent: Thursday, February 10, 2005 4:09 PM To: Corey, John; Marquis, Rick; Schubert, Rick; Anthony, Camille; Barnes,' Jonathan; Bruen, Darlene; Casey, Paul; Curran, John; DiBlasi, Joe;713onovan, Carol; Everson, Jeff; Festa, Mike; Gallagher, Jim; Galierani, Michael; Grover, Robert; Hamblin, Eileen; Havem, Robert; Jones, Bradley, Judge, George; Katsouffs, Georges Kennedy, Anthony; Kinsman, Art; Leiner, Craig; Lintner, Elizabeth; Meaney, Paul; Medeiros, Paul; Motter, Andrew; Smith, Susan; Sodano, Paul; Stinson, Richard; Sullivan, Dan; Tarallo, Ed; Tisei, Richard; • Webster, Bill; Woelfel, Steve Cc: Beaudoin, Carla; Blaustein, Joan; Burggraff, Mary; Callan, Melissa; Christello, Tric(a; Cooke, Don; Dame, Chris; DiZoglio, Dennis; Dra(sen, Mark; Dwyer, Margaret; Edwards, Ad"; Florino, Ron; Frey, Bob; Grzegorzewski, Josh; Hechenbleikner, Peter, Lucas, Barbara; Maudello, Lauren; McKinnon, Anne; Mcvann, John; Miller, Kenneth; O'Rourke, Carmen; Purdy, Jim; Schwartz, Bill; Stein; Kathy, Van Magness, Frederick Subject: 1- 93/1 -95 Interchange Transportation Study Update Greetings Task Force Members, Here's a quick update on a few items related to the study since our last meeting: * We are working out the details for our'March 5th workshop in Woburn. You will receive an e-mail next week with the location and topics to be covered. * The summary of last month's ITF meeting has been posted to the website: www *.9395info.com (Documents section under ITF Meetings). The evaluation criteria have also been posted (Documents /General Project Documents). Stay tuned for other postings soon (such as noise - related materials from'the last meeting). * Especially for those who did not attend the previous meetings, please review these meeting summaries before the next ITF meeting. This helps all of us to make progress by not revisiting previously covered topics or issues to an unnecessary degree (we'll continue to discuss "open" issues of course). And always feel free to contact me or Jim Purdy if you need further explanation than that provided in the meeting summary. * Following up our discussion from the 1/19 ITF meeting,.we are working on comparisons of interchanges by accident rates, traffic volumes, and other measures. We would like to go over the detailed information with the data subcommittee later this month, and report back at the next ITF meeting. * Data Subcommittee members please stay tuned - we will contact you soon to schedule a meeting, probably for the week of 2/28 = 3/4. Thanks, - Bob Bob Frey Manager of Statewide Planning Office of Transportation Planning Massachusetts Executive Office of Transportation (617) 973 -7449 bob.frey @state.ma.us 1 �