HomeMy WebLinkAbout2007-01-16 Board of Selectmen PacketBoard -of Selectmen Trackina Loa for Current Issues/Proiects
Date Issue/Proiect/ Identified Problem Resp. Select. Action Needed Follow-up
Dept. Liaison Date
Traffic/Parkina Issues
Ash Street at Main
11/29/05 Develop a
comprehensive traffic
study for the Woburn
Street, High Street,
Lowell Street, Main
Street area
9/16/06 Stop signs at
. Bancroft
Develop a process to acquire Town.
land and build new connection Mgr.
directly between Ash and Main
Street, eliminating the grade
crossing
Anthony Action required by 2010 to 9-31-06
maintain the whistle ban.
Contact new property owner;
work with META
Engineer Bonazoli Need to scope a study and then 12/31/07
seek funding for it. Because the
downtown improvement
program will have an impact on
this neighborhood, and that
impact cannot be determined
until the Downtown
Improvement project is
complete, this item will be
programmed for consideration
in the FY 2009 budget.
Request to make Bancroft at
Hartshorn a multi-way stop and
move stop sign on Hartshorn
closer to intersection. Possible
installation of a speed table.
12/5/06 Employee/merchant Full utilization
parking on High
Street
Police Goldy Review to see if it meets 02/27/07
warrants for all way stop - take
before the Board of Selectmen.
Awaiting Board of Selectmen
development of standards for
multi-way stops
Police Goldy Review utilization of these 50 02/27/07
spaces and renters plans -
review lottery process
1/12/2007 1
Board of Selectmen Tracking Loci for Current Issues/Proiects
Date Issue/Proiect/
Identified Problem
Re sip. Select.
Action Needed
Follow-up
Dept. _ Liaison
Date
Development Proiects
1/1/90 Gazebo Circle
Overflow of detention basin -
Engineer Bonazoli
The Town Engineer has done a
01/30/07
flooding has occurred in
study and determined the
neighborhood during severe
course of correction. The total
storms
cost is estimated to be $55,000.
The bond is $30,000. in the
past we were willing to share
the bond with the developer.
But I have informed the
developer that we will take the
entire bond and do the work.
We will begin the work this fall.
Will look at changes to
Zoning Bylaw to require
interim as-builts to ensure
drainage completion.
Corrective action is out to bid
with construction to be done
this fall. Funding from the
bond and the storm water
enterprise fund.
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01/39/07
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1/1/85 Downtown
Project is out to bid.
Engineer Anthony
Project is out to bid, with bids
01/30/07
Improvements
due on January 15. The Town's
"non-participating costs" of
estimated $525,000 will be on a
warrant in January 2007after
the bids are in.
Rt. 128/1-93
Monitor and advocate for
Anthony
Public Hearing in Reading
01109107
Interchange
Reading's interest in keeping
&
for October 25
any improvements to the
Schubert
interchange to a low impact
for Reading
1112/2007 2
Board of Selectmen Trackinq Loq for Current Issues/Projects
Date Issue/Proiect/
Identified Problem
Resp.
Select.
Action Needed
Follow-up
Dept.
Liaison
Date
!Magiaati9R StatiGo
Needs to be ref~rrbishe¢ of
€iesreatie
Beaazoli
12131106
dernelished-and-a-neW-
playgreuR4-built
n
SaI9G#naR-reviewed-the- site
-
e~«.~Qd-r~o d~,.,rb,,~eat ;ers-
review-te-be-dsae-en-
November 4. F= l repent
B
c
b
a9
8/22106 Develop a lighting
The Town needs to have
Planning
Bonazoli
e
em
er
Hire a consultant to develop a
03131/07
section o f the Zoning
established standards and
and Town
draft bylaw
Bylaw
processes for reviewing site
Manager
lighting for new developments
Timothy Place
Property owner has built
Inspection
Enforcement to be started the
01/30/07
encroachment on
improvements into the ROW of
& Counsel
week of August 21 Ticket
right-of-way
the private street
served by RPD. Ticket not
paid. Court October 24 Clerk
Magistrate found for the town
and ordered the fine to be paid
within 90 days (January 23) If
not corrected by January 23,
will institute court action and
impose daily fines.
Sale of Oakland
The Town owned tax title land
Town
Tafoya
Include as part of September 16
05/01/07
Road land
across Oakland Road from eh
Manager,
"Board Walk". This is an article
RMHS is surplus to the Town's
Town
on the November 13 Town
needs.
Planner
Meeting warrant. To be
discussed by Board of
Selectmen on Dec. 5. Develop
process to be implemented in
summer 2007
6/15/06 MWRA Buy-in
Process the MWRA buy-in for
DPW
Bonazoli
Engineer hired. First threshold
06/30/07
the Town's full MWRA use
of filing NPC to MEPA met.
MEPA decision on NPC
delivered in late September
ahead of schedule. October 11
last day for comment October.
Preparing filing for WRC
1/12/2007 3
Board of Selectmen Trackinq Loq for Current Issues/Projects
Date Issue/Project/ Identified Problem Resp• Select. Action Needed Follow-uD
Dept., Liaison Date
r t 1 - z ,a,.
Policies/Regulations
411/04 Petroleum Bylaw Regulations to be formulated
Fire & Goldy Fire Department has been
Town doing data collection and
Counsel posting to an electronic spread
sheet. New Town Counsel
(Judy Pickett) is reviewing
Bylaw and will outline next steps
to the Board. Meeting
scheduled for this Thursday,
September 28. Town Counsel
is drafting regulations for the
BOS and for the FD. Working
Group meeting with Counsel on
October 26 Counsel working
on revised drafts of policies
and regulations.
03/31/07
Memorial Park Controversy over allowed uses
9/20/05 Mandate landscaping Should the Town develop a
to save water bylaw or subdivision
regulations
Town Anthony At its July 25 meeting with
Counsel Town Counsel the Board of
Selectmen authorized Town
Counsel to move forward with
the filing of the cy pres petition.
Town Counsel had a discussion
with AG - additional information
sent to AG prior to setting up a
meeting here in Reading.
Planning Tafoya
Refer to CPDC as part of
Master Plan implementation;
Town is applying for a grant for
an educational program on
landscape maintenance Tafoya
to talk to CODC about including
this in Master Plan
implementation discussion.
Ask CCP Committee if they
can review this
9/26/06 Master plan for Birch There are some key decisions DPW - Goldy
Meadow site to be made on this site and we Recreatio
need a master plan for the area n
Develop a master plan for the
property, including the
Imagination Station site
12/31/06
06/30/06
04/30/07
Develop a housing Understand the 40 R and 40 S Town Tafoya
Housing Forum conducted on 10/24/06 '
production plan programs, and utilizing them Planner
September 28. Application for
and other efforts, develop a
grant for professional
housing production plan to
assistance has been submitted.
eliminate the vulnerability to
October 24 - presentation to
unwanted 40B projects.
BOS; November 13 -
presentation to Town Meeting;
Dec. 2006 - BOS approval of
filing plan with DHCD;
February 5/8 - Special Town
Meeting; March 2007 - submit
plan to DHCD
1/12/2007 4
Board of Selectmen Trackinq Loci for Current Issues/Projects
Date Issue/Project/ Identified Problem
1215/06 Sight Triangles Review and reconsider in
light of Town Meeting
rejection of proposed bylaw
Resp• Select. Action Needed Follow-up
Dept, Liaison Date
Police Anthony CA to review tape of Town 01/30107
Meeting and develop list of
issues raised. Chief to
develop questionnaire to
Town Meeting members to
gauge acceptability of
bringing issue back to Town
Meeting
12/19106 Discuss who/how
to address follow-
up from citizens
Citizen Complaints
4/30/06 Drainage on Haverhill ditch has silted up and is not, DPW Goldy
Street free-flowing - backs up and
affects neighbors property
John McCracken re Owner paved a portion of the Town
10/12/06 road opening permit tree lawn without a permit Engineer Anthony
10/12/06 Paul McKinnon
Winthrop Road
9116/06 drainage
9118/06 112 Winthrop wall
Cross Street
Street ponding in front of Town
driveway Engineer Anthony
Drainage ponds in the area of Town
108 Winthrop Engineer Bonazoli
wall is deteriorating - whose Town
responsibility is it? Engineer Bonazoli
work to be done this fall as part 12/31/06
of the storm water management
program
Engineer needs to contact
property owner re potential
violation - issue could be appeal
able to the Board of Selectmen
Property owner has been
formally notified. 11/14/06
Review situation. It appears that
the entire street needs to be
reconstructed. Is there anything
that can be done re ponding in
the short term? What is the
schedule in the Pavement
Management Program. PMP
work to start in December. In
the meanwhile the DPW will do
some remedial work next
spring
Review to see if the pipe is clear.
It appears to the neighbors that
part of a ditch was piped 30+/-
years ago on the upstream side
and that has caused the problem.
Wall was installed when Town did
improvements to street as a
betterment 30+ years ago. Wall
retains private property - and a
tree on the private property is
buckling part of the wall. Is the
wall the Town's responsibility or
the owners? It is the owners
responsibility and the Town
Engineer will write a letter
telling him that.
12/31106
03131/07
12/31/06
i
1/12/2007 5
Board of Selectmen Tracking Loq for Current Issues/Proiects
Date
Issue/Protect/
Identified Problem Resp, Select. Action Needed Follow-uo
Dept. Liaison Date
Longvies/Palmer Hill
drainage
1/12/2007
L C & r C.
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2m1 JAN --9 AM 11: 49
January 5, 2006
Reading Board of Selectman
16 Lowell Street
Reading, Massachusetts 01867
Attention : Mr. Peter Hechenbleikner, Town Manager
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a~
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123 Main Street
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6~~ *
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Tef- 781-585-0500
(Fax; 781-585-0534
TOWN OF KINGSTON
Boardofsefectmen
Sosep(z (D. Kelfefier, CGainnan
Wark S. Beatozh Vice Cfrairman
ftuf%f. Gahagfxr
3ean 9W. Landis-Naumann
Sandra (D. MacTadane
January 5, 2007
offwe of the Board of Sefectmen
Town Mouse
26 Evergreen Street
2ingston, Massachusetts 02364
T'ownAdmirdarator
Kevin R. (Donovan
N.
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CO
s~
Dear Members of the Board of Selectmen:
~o
This is to serve as official notification that at a regular meeting of the Board of Selectmen, held
Tuesday, January 2, 2007, it was voted to request your consideration prevailing upon the
Governor to include the enclosed policy statement concerning the statutory obligations of liquor
licensees as state policy or regulation. The intent of the policy is to insure that all liquor licensees
pay current Massachusetts meal taxes and compensate their employees in accordance with state
and federal law.
Too often we hear of complaints from some restaurant owners who indicate that it is common
practice in some businesses to pay employees "under the table" and not record meal taxes as
required. The result is that the Commonwealth of Massachusetts is shorted much needed revenue
and employees are not rightfully credited with FICA wages which result in lost wages credited
towards social security benefits.
The Town of Kingston, like so many of Massachusetts communities is experiencing revenue
shortfalls while trying to keep current with rising expenses. The Selectmen feel that this is one
effort that we can enact that will hopefully provide a tool to encourage fair trade by our entire
business community.
The Selectmen are hopeful that you will take these comments into consideration and prevail upon
your legislative delegation and His Excellency the Governor to address our revenue needs for the
ensuing years.
Very yours,
1
Kevin R. Donovan
Town Administrator
-L't
moo? ~rn
~~0"poraledl~2
Iel' 781-585-0500
Tax- 781-585-0534
December 15, 2006
'OWN KINGSTON
Office of the (Board~ofSelectinen
Town Yfouse
26 Evergreen Street
Kingston, Wassachusetts 02364
TO ALL LIQUOR LICENSEE HOLDERS:
BoardofSalectmerr
.90seph tn. Kelf(efter, Chainnan
Mark S. Beaton, Nice(;hainnan
Pau[M Gaf(a8her
dean .9Y1. Landis :9Yaumann
Sandra 0. WacTar(ane
?omi, 9drninistrator
lCevin Z. Donovan
Enclosed please find your 2007 Liquor License issued by the Board of Selectmen. As
part of the renewal process the Selectmen adopted a new policy statement relating to the
statutory obligations of all license holders.
At a regular meeting of the Board of Selectmen, held Tuesday, November 28, 2006, it
was voted to notify all liquor licensees that if a licensee is found guilty of flagrant
violations of not paying the state meals tax or not paying employees in accordance with
Internal Revenue Service or state Department of Revenue guidelines, said licensee could
be subject to a hearing before the Board of Selectmen which may result in the revocation
of the liquor license.
The Selectmen wish to remind all licensees of the requirement to continually adhere to all
laws as it relates to payment of tax obligations to all levels of government.
Very y s,
Sevin R. Donovan
Town Administrator
Enclosure
a-~2
u(
THE COMMONWEALTH OF MASSACHUSETTS
d OFFICE OF THE ATTORNEY GENERAL
WESTERN MASSACHUSETTS DIVISION
1350 MAIN STREET
SPRINGFIELD, MASSACHUSETTS 01103-1629
THOMAS F. RFILLY (413) 784-1240
ATTORNEY GENERAL www.ago.state.ma.us
January 3, 2007
Cheryl A. Johnson, Town Clerk
16 Lowell Street
Reading, MA 01867
RE: Reading Subsequent Town Meeting of November 13, 2006 - Case # 4103
Warrant Article # 15 (General)
Dear Ms. Johnson:
Article 15 - I return with the approval of this Office the amendments to the town by-laws
adopted under this Article on the warrant for the Reading subsequent town meeting that convened on
November 13, 2006.
The amendments adopted under Article 15 add to the town's general by-laws a new Section 5.5,
"Construction Hours and Noise Limits." Section 5.5.8.4 provides exemptions for certain work
performed and provides in pertinent part as follows:
5.5.8.4 - Exemptions. The restrictions set forth in this bylaw shall not apply to any work
performed as follows;
• By any Federal or State Department, Reading Department of Public Works, the Reading
Municipal Light Department and/or any contractors working directly for these agencies, when
working within a public way or within easements.
In approving the above-quoted text, we remind the town to apply its provisions in a manner
consistent with federal and state law. "The doctrine of federal supremacy protects the legitimate
activities of the United States government from regulation by state and local authorities." Mav v. United
States. 319 U.S. 441, 445-48 (1943) (a state could not impose an inspection fee on fertilizer owned by
the United States. "It is necessary for uniformity that the laws of the United States be dominant over
those of any state."); United States Constitution, art. VI, clause 2 (the "supremacy clause"); TownshiD of
Middletown v. United States Postal Service. 601 F. Supp. 125, 127-28 (D. N.J. 1985) (local zoning
regulations inapplicable to the Postal Service's construction plans).
"State and State instrumentalities are immune from municipal zoning regulations, unless a statute
otherwise expressly provides to the contrary." Inspector of Buildines of Salem v. Salem State College,
28 Mass. App. Ct. 92, 95 (1989) (The Commonwealth's immunity from zoning regulation is broader
than the exemption for as of right uses set forth in G.L. c. 40A, § 3); Countv Commissioners of Bristol v.
Conservation Commissioners of Dartmouth, 380 Mass. 706, 708-711 (1980) (neither Home Rule
Amendment or the Zoning Act changed presumption of state and county immunity from municipal
F:\USERS\RITCHIE\WP61 \DOCS\TOWNS\Reading\#4103 S.APP.wpd
d,c
00
zoning). Thus, we caution the town to apply Section 5.5.8.4 in a manner consistent with state and federal
law.
We next call the town's attention to Section 5.5.8.8, which pertains to enforcement of the
proposed by-law and provides in pertinent part as follows:
The Police Department, Zoning Officer and/or other agent designated by the Town Manager shall
enforce the restrictions of this bylaw. Fines shall be assessed and collected in the amount of up
to $300.00 for each violation:... Any alleged violation of this bylaw may, in the sole discretion
of the enforcing agent, be made the subject matter of non-criminal disposition proceedings'
commenced by such agent under Section 21D of Chapter 40 of the General Laws.
In approving Section 5.5.8.8., as amended, we call the town's attention to G.L. c. 40, § 21D.
General Laws Chapter 40, Section 21D, allows municipalities to use non-criminal disposition as a
method to enforce town by-laws and regulations. However, the law has several specific requirements,
including the requirement that the violation be subject to a specific penalty. The proposed by-law
amendment provides that violations shall be punished by a fine "in the amount of up to $300.00." This is
not a specific penalty. In order for the town to utilize the non-criminal disposition method of
G.L. c. 40, § 21D, it will have to establish specific penalties for violations of the town's zoning by-laws.
Note: Under G.L. c. 40, § 32, neither general nor zoning by-laws take effect unless the town has first
satisfied the posting/publishing requirements of this section. Once this statutory duty is fulfilled,
(1) general by-laws and amendments take effect on the date that these posting and publishing
requirements are satisfied unless a later effective date is prescribed in the by-law, and (2) zoning
by-laws and amendments are deemed to have taken effect from the date they were voted by, Town
Meeting, unless a later effective date is prescribed in the by-law.
If the Attorney General has disapproved and deleted one or more portions of any by-law or
by-law amendment submitted for approval, only those portions approved are to be posted and
published pursuant to G.L. c. 40, § 32. We ask that you forward to us a copy of the final text of the
by-law or by-law amendments reflecting any such deletion. It will be sufficient to send us a copy of
the text posted and published by the Town Clerk pursuant to this statute.
Nothing in the Attorney. General's approval authorizes an exemption from any applicable state law
or regulation governing the subject of the by-law submitted for approval.
Very truly yours,
THOMAS F. REILLY
A T Y Q-ENE
by: 'Kelli E. Gunagan, Assistant Ir ey General
By-law Coordinator, Municipal Ow Unit
1350 Main Street, 4"' Floor
Springfield, MA 01103-1629
(413) 784-1240, x 117
enc.
PC:
Town Counsel
F:\USERS\RITCHIE\WP61\DOCS\TOWNS\Reading\#4103S.APP.wpd
Hechenblefter, Peter
From: peter.t.bowman@verizon.com
Sent: Wednesday, January 10, 2007 7:58 AM
To: peter.t.bowman@verizon.com
Subject: Cable Choice Legislation Update
Dear Municipal Leader,
I wanted to take a moment to let you know how much we value our
relationship with your community and to thank you for working with
Verizon to craft and approve a video license agreement that benefits
your community, Verizon, and most importantly, your residents. We are
pleased to have the opportunity to offer your constituents the benefits
of cable choice and competition.
Consumer response to Verizon's FiOS TV has been extraordinary.
Customers overwhelmingly want cable TV competition, and they want it
quickly. In response to this groundswell of consumer demand, we support
legislation filed this week to streamline the cable TV franchising
process in Massachusetts.
The Massachusetts Cable Choice and Competition Act will accelerate cable
competition in Massachusetts by allowing cable TV providers to apply to
the Department of Telecommunications and Energy for permission to offer
cable TV service. The legislation will not affect our agreement with
you. Existing local franchise agreements will be grandfathered until
they expire or if both sides agree to terminate.
We believe the bill is a win both for consumers and for communities. It
leaves intact local benefits, including franchise fees paid to
municipalities, financial support for public, educational, and
government channels, and free cable service at municipal buildings.
Municipalities also retain full authority over their rights-of-way.
The bill also will foster economic development. While this legislation
encourages more cable choice and competition, it also is good for the
economy as it will spur innovation, provides incentives for investment,
and help retain and create jobs in Massachusetts.
Highlights of the bill include:
• Cable TV providers apply to the Cable Division of the Department of
Telecommunications and Energy for a state-issued cable TV franchise for
the areas they intend to offer service. The franchise must be updated
whenever the service is expanded to additional areas.
The Cable Division has 15 days to approve an application.
• Existing local franchise agreements are grandfathered until they
expire or unless both sides agree to terminate.
• Municipalities maintain their public right-of-way authority and their
control over the content of public, educational, and government access
channels.
• Municipalities can set franchise fees up to the federal maximum of 5
percent of gross cable TV revenues from each subscriber.
• Municipalities also can create an additional fee to support the
capital equipment needed to support Public, Education and Government
(PEG) charnels. The fee will match on a per-subscriber basis the support
provided by the incumbent provider, or when the incumbent agreement
1
expires, the municipality can set this fee at no more than 1 percent of
gross revenues from each subscriber.
• New cable TV providers will carry the same number of PEG channels as
the incumbent provider.
• Communities will continue to receive free TV service at all municipal
buildings.
New cable TV providers cannot deny service to residents based on
income.
• Incumbent cable providers like Comcast, Charter, Time Warner and
others can use the new rules to more easily compete with each other or
serve any of the 43 Massachusetts communities currently without cable
service.
Please be assured that we are committed to the terms of our license, and
to serving your constituents with the best quality TV service available
in the market today. To date, Verizon has been granted franchises in 3B
Massachusetts communities, and continues to negotiate local licenses
with other municipal officials across the state so that more consumers
can realize the benefits of competition and our advanced FiOS network.
We appreciate your leadership in fostering cable competition in your
community, and look forward to enjoying a long-standing relationship
with you and your constituents. We will continue to provide you with
updates on this process. In the meantime, if you have any questions
please let me know.
Regards,
Peter Bowman .
Vice President of External Affairs
Verizon
Page 1 of 2
Hechenbleikner, Peter
From: Hechenbleikner, Peter
Sent: Wednesday, January 10, 2007 9:42 AM
To: 'Mark Doherty'
Cc: Richard Davidson; Paula Tucci; Halloran, Michelle; Jim Cormier; Peter Hechenbleikner; Reilly,
Chris; Ted McIntire; Zambouras, George
Subject: RE: Blueberry Lane/Sunset Rock Intersection
The main line of the sidewalk is complete in this area. We will be doing the additional work using state funding
starting this spring. Part of the additional work is to provide the proper handicapped access ramps at Sunset
Rock Lane/Blueberry Lane, which will include an extension of the sidewalk on the Blueberry Land side of Franklin
Street westward, and the necessary HC ramps on the Sunset Rock Lane side as required by ADA. Then we will
paint the crosswalk connecting those ramps. Again - this is spring/summer 2007 work.
Pete
From: Mark Doherty [mailto:dohertyfamily4@verizon.net]
Sent: Tuesday, January 09, 2007 9:32 PM
To: Hechenbleikner, Peter
Cc: Richard Davidson; Paula Tucci
Subject: Fw: Blueberry Lane/Sunset Rock Intersection
Hi Mr. Hechenbleikner - The sidewalk extensions on Franklin Street look to be completed.
Will you be, moving forward with a painted crosswalk at the intersection of Franklin and Sunset? Unfortunately, an
additional visual reminder is still needed in order to ensure the safety of the children attending Wood End
Elementary School (not to mention the neighborhood community.) Please consider as soon as possible.
Thank you,
Brenda Doherty
60 Blueberry Lane
Original Message
From: Mark Dohertv
To: Hechenbleikner. Peter
Sent: Thursday, September 07, 2006 3:54 AM
Subject: Re: Blueberry Lane/Sunset Rock Intersection
Thanks very much for the update. Look forward to seeing the work completed.
Original Message
From: Hechenbleikner. Peter
To: Mark Dohertv
Sent: Wednesday, September 06, 2006 1:08 AM
Subject: RE: Blueberry Lane/Sunset Rock Intersection
Brenda
Thing s are never as easy as they appear - in order to properly do this we have to do some
sidewalk extension on the south side of Franklin, and do the handicapped accessible ramps. We
will be doing this this fall as part of the broader sidewalk work with state funding.
Pete
1/10/2007
Page 2 of 2
From: Mark Doherty [mailto:dohertyfamily4@verizon.net]
Sent: Monday, September 04, 2006 9:40 PM
To: Town Manager
Cc: Richard Davidson
Subject: Blueberry Lane/Sunset Rock Intersection
Dear Mr. Hechenbleikner:
I was hoping that with the start of the new 2006/2007 school year, a new crosswalk would
be installed on Franklin Street from Blueberry Lane to Sunset Rock. As you know, this is a difficult
and busy intersection during the school year and although we are very fortunate to have a
wonderful crossing guard, it is not enough.
Please consider installing a crosswalk to ensure the safety of the Wood End Elementary School
community as well as the entire neighborhood.
Thank you,
Brenda Doherty
60 Blueberry Lane, Reading
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1/10/2007