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Home My WebLink About2005-10-18 Board of Selectmen PacketTown of Reading 16 Lowell Street Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager&l.reading.ma.us MEMORANDUM TO: Board of Selectmen FROM: Peter I. Hechenbleikner e44DW DATE: October 14, 2005 TOWN MANAGER (781) 942-6643 RE: Meeting of October 18, 2005 2) You have applicants for the Board of Registrars, Climate Protection Task Force and Cultural Council. The Cultural Council representative is an Associate who was recently interviewed and we have not asked her to be present. You also have a vacancy on the Audit Committee, which could be filled by a Selectman or by a resident. At least one resident has expressed interest in this position. 3a) The Hospital Development Committee will be delivering its report on Tuesday. Bruce Cerullo from the Hospital Development Committee will be present. 3b) Enclosed is the Executive Summary of the 1-93 Containment Report. The expectation is that the Board will hear the report and give whatever direction they feel is appropriate in terms of the priority for preventing future potential contamination of well fields from a spill on 1-93. 3c) Ron D'Addario from the Cities for Climate Change Task Force will be present. They will be asking for the Selectmen's support to join the Cities for Climate Change Program which carries with it an annual cost of approximately $600. If the Board agrees to proceed with this matter there are two work items: 1) come up with the money to do this; 2) develop a formal policy establishing the Cities for Climate Change Committee. 3d) As the applicant had indicated when they came before the Board for the liquor license transfer, they have come back to request a pledge of license pledge of stock for this business. This is not uncommon for liquor stores in Reading. Only three members of the Board of Selectmen are expected to be present. If Selectmen Schubert, Duffy or Bonazoli's plans change, please let us know because we will not have a quorum. PI H/ps APPOINTMENTS TO BECOME EFFECTIVE OCTOBER 14, 2005 Board of Registrars Term: 3 years 1 Vacancy Appointing Authority: Board of Selectmen Orig. Term Present Member(s) and Term(s) Date Exp. Vacancy ( ) 2008 Gloria R. Hulse 107 Sanborn Lane (92) 2006 Robert Cusolito 23 Grandview Road (99) 2007 Cheryl A. Johnson 4 Summit Drive (96) Indef. Candidates: Rosemario DeBenedetto *Indicates incumbents seeking reappointment ,V 1 *1 BOARD OF REGISTRARS Term Three years Appointing Authority Board of Selectmen Number of Members Four Members, three appointed by the Board of Selectmen and the Town Clerk as the fourth member. Two shall be members of the Republican Party, and two shall be members of the Democratic Party. (Note: Must be a registered voter of the Town. Must have been enrolled in the political party he/she is appointed to represent for at least two years prior to appointment. Must not hold another elective office, except as a member of a Home Rule Charter Commission or as a Town Meeting Member.) Meetin,s As needed Authority Massachusetts General Laws, Chapter 51 Purpose To certify names on nomination papers, initiative petitions, referendum petitions, recount petitions and public policy petitions. Registration of new voters, conduct election recounts. Update and posting of voting lists and processing absentee ballot application. Oversee the annual Town census and prepare lists generated from census information. aaa~ N O O APPLICATION FOR APPOINTMENT TO BOARDS/COMMITTEES/COMIC ssrT5* -D r r.I:M Name• e AJe 11 a 2C'P &t f- Date• alsm CA (Last) (First) (Middle) ' Address: Tel. (Home) 71/ f'o26 FS Tel. ork (Is this number listed?) Occupation: of years in Reading:__A~ Are you a registered voter in Reading?( e-mail address: Place a number next to your preferred position(s) (up to four choices) with #1. being your first priority. (Attach a resume if available.) Advisory Council Against the Misuse Finance Committee and Abuse of Alcohol, Tobacco and Historical Commission Other Drugs Housing Authority _Aquatics Advisory Board -Human Relations Advisory Committee Audit Committee -Land Bank Committee - -Board of Appeals _MBTA Advisory Committee Board of Cemetery Trustees -Metropolitan Area Planning Council Board of Health -Mystic Valley Elder Services x Board of Registrars - -Recreation Committee r Bylaw Committee _RMLD Citizen Advisory Board Celebration Committee Solid Waste Advisory Committee Commissioner of Trust Funds Telecommunications and Technology Community Planning & Development Comm. Advisory Committee Conservation Commission -Town Forest Committee Constable -Water, Sewer and Storm Water - Contributory Retirement Board Management Advisory Committee -Council on Aging -West Street Historic District Commission Cultural Council - `Other Custodian of Soldier's & Sailor's Graves Please outline relevant experience for the position(s) sought: APPOINTMENTS TO BECOME EFFECTIVE OCTOBER 14, 2005 "Cities for Climate Protection" Program Committee 1 Vacancy Appointing Authority: Board of Selectmen Present Member(s) and Term(s) Ronald D'Addario Gina Snyder Stephen Goldy Stephanie Anderberg Vacancy Candidates: Tracy Ellen Sopchak ab 2 .3.10 Policy establishing an ad hoc Committee to evaluate participation in the "Cities for Climate Protection" Program (Committee) There is hereby established a five (5) member ad hoc Committee to evaluate participation in the "Cities for Climate Protection" Program (Committee), and to make recommendations to the Board of Selectmen on the feasibility of participating in such a program. The terms of the ad hoc committee shall expire on November 30, 2005, unless extended by the Board of Selectmen. The International Council for Local Environmental Initiatives (ICLEI) has established a "Cities for Climate Protection" program, which works with cities, towns, and counties to reduce the pollution that causes global warming. The program is comprised of 5 actions: 1. Conduct a local emissions inventory of greenhouse gas emission. 2. Adopt an emissions reduction target. 3. Identify local actions that achieve the target. 4. Implement action plan policies and actions. 5. Quantify and report benefits created. In the United States 154 cities, towns, and counties participate in the program at present. Those cities and towns located in Massachusetts include, Amherst, Arlington, Barnstable, Boston, Brookline, Cambridge, Falmouth, Gloucester, Lenox, Lynn, Medford, Natick, Newton, Northampton, Salem, Shutesbury, Somerville, Springfield, Watertown, Williamstown, and Worcester. ' The ICLEI requests that its members "cut 20 million tons of global warming pollution and cut $400 million from energy and fuel costs for their communities." In selecting the Committee membership of 5 members, the Board of Selectmen shall appoint all members and shall attempt to fill the positions as follows: ➢ One member designated by the Board of Selectmen; ➢ One member recommended by the Conservation Commission; ➢ One member recommended by the Board of Health; ➢ One member recommended by the Reading Municipal Light Board; ➢ An educator recommended by the School Department; ➢ One resident of the community who does not represent the above groups, and who has expertise in, conservation, environmental affairs, energy, or other areas of expertise which, in the opinion of the Board would be helpful in meeting the Committee's mission. The mission of the ad hoc Committee to evaluate participation in the "Cities for Climate Protection" Program is to advise the Board of Selectmen on whether the Town should participate in this program. The Committee will: 1. Develop a work plan and schedule for accomplishing the Mission of the Committee, and review it and key decision points with the Board of Selectmen; 2. Become thoroughly familiar the Cities for Climate Protection program; 3. Discuss with other communities who participate in the campaign, the advantages and disadvantages of participation; 4. Understand the budget and/or staff cost in participating in the program; 5. Make a recommendation to the Board of Selectmen; 6. Make a final report to Town Meeting. D° Staff will be assigned by the Town Manager to work with the Committee. The Committee will be considered to be part of the Department of Community Services for Administrative purposes. The services of Town Counsel, and other expertise will be available through the Town Manager. The ad hoc committee will snake a final report to the Board of Selectmen no later than October 30, 2005, except as the Board of Selectmen may extend that date. Adopted 6-7-05 acv C~ I' ED Ft)~rl@~~ CL [RN z= ^ DIFIG. MASS. APPLICATION FOR APPOINTMENT TO BOARDS/COMMITTEES/COMMISSIONS 2LA "Jas 00 Name: 1 i-qcs, Date: (Last) (First) (Middle) Address: ,bA ~~t it ll Sl I~ j1 --PyAa i Oq Tel. (Home) 7(~ 1. q4~{. ~2~4 Tel. (Work) r)OE(Is this number listed?) f S Occupation: # of years in Reading: Are you a registered voter in Reading? 6 e-mail address: ~q hq C lT d om . M Place a number next to your preferred position(s) (up to four choices) with #1 being your first priority. (Attach a resume if available.) Advisory Council Against the Misuse and Abuse of Alcohol, Tobacco and Other Drags -Aquatics Advisory Board -Audit Committee -Board of Appeals -Board of Cemetery Trustees -Board of Health ^Board of Registrars -Bylaw Committee -Celebration Committee Commissioner of Trust Funds Community Planning & Development Comm. ^Conservation Commission -Constable -Contributory Retirement Board -Council on Aging -Cultural Council Custodian of Soldier's & Sailor's Graves Finance Committee -Historical Commission -Housing Authority -Human Relations Advisory Committee -Land Bank Committee MBTA Advisory Committee -Metropolitan Area Planning Council _Mystic Valley Elder Services -Recreation Committee RMLD Citizen Advisory Board -Solid Waste Advisory Committee -Telecommunications and Technology Advisory Committee -Town Forest Committee -Water, Sewer and Storm Water Management Advisory Committee -West Street Historic District Commission -Other (2LO P! (y1 i n4 y~~ Please outline relevant experience for the position(s) sought: 1_3 APPOINTMENTS TO BECOME EFFECTIVE OCTOBER 14, 2005 Cultural Council Term: 3 years (6 years maximum) 1 Vacancy Appointing Authority: Board of Selectmen Orig. Term Present Member(s) and Term(s) Date Exp. Alison Sloan DaSilva, Chr. 40 Putnam Road (00) 2007 Anne W. Hooker 87 Village Street (02) 2008 Vacancy ( ) 2007 Nicole Cain 7 Melendy Drive (03) 2006 Karyn S. Storti 31 Green Street, #8 (02) 2008 Valerie J. Alagero 28 Smith Ave. (02) 2008 Kathleen Kelly 36 Grove Street (03) 2006 Elizabath Whitelam (Associate) 7 Gilmore Avenue (05) 2006 Janet Grace Hatherly (Associate) 9 Smith Ave. (04) 2006 Candidates: Elizabeth Whitelam *Indicates incumbents seeking reappointment ~G CULTURAL COUNCIL Term Three years Appointing Authority Board of Selectmen Number of Members Seven Members to be appointed to no more than two consecutive terms Meetin,s Held monthly Authori January 1, 1987 revision of the Massachusetts Arts Lottery Council Guidelines consistent with the Town of Reading Charter and applicable Bylaws. The Cultural Council is established by Chapter 10, Section 58, of the Public Laws. Pursuant to this law, no elected or other official may serve on the Cultural Council. Purpose The Reading Cultural Council is the local agent for the distribution, receipt and evaluation of applications for funds from the Massachusetts Cultural Council. It will also act to serve as a resource for the dissemination of information as well as to encourage activities related to furthering and stimulating interest for the ' arts in the community. P2 Town of Reading 16 Lowell Street Reading, MA 01867-2685 FAX: (781) 942-9071 Email: townmanager@ci.reading.ma.us TOWN MANAGER (781) 942-6643 Volunteer Vacancy Town of Reading Cultural Council A vacancy with a term expiring June 30, 2007 exists on the Cultural Council. The Reading Cultural Council is the local agent for the distribution, receipt and evaluation of applications for funds from the Massachusetts Cultural Council. Interested applicants may apply at the Town Clerk's office, 16 Lowell Street, Reading, Massachusetts by 5:00 p.m. on October 4, 2005 or until the vacancy is filled. N G7 C, rT~~ C) f1V cj ~ r? ~MCD cn :C to c3 J) -C) S-i From: HTBondBook@aol.com Subject: Cultural Council membership Date: September 12, 2005 7:20:11 PM EDT To: dasilva4@comcast.net A I l ison: I am going to have to resign from the Reading Cultural Council. I recently received a diagnosis which will require extensive medical treatment, and I am afraid that I would not be able to get to the meetings or even to pay much attention to the business of the Council. I am sorry that I have informed you of this so late, but this is a very recent development. I hope that you can find a substitute easily, and I wish all of my Council cohorts well. I enjoyed your company. Harold ".4 R N CO acN Page 1 of 1 Schena, Paula From: Liz Whitelam [lizhop@gmail.com] Sent: Wednesday, October 12, 2005 1:12 PM To: Schena, Paula Subject: Cultural Council appointment Hi, Paula. Per our conversation yesterday, please convey the following to the Selectmen at your earliest convenience: Due to an unexpected opening on the Cultural Council, the Council has asked that I be reappointed as a full, voting member, instead of as an Associate. Mr. Tafoya, our Selectmen liaison, was present at our first meeting this year and is aware of the change. I am happy to reappear before the Board if required, but knowing that you always have a full agenda, I am also very happy to be appointed in absentia, if that meets with your approval. I am very excited for this opportunity! Thank you for your consideration. Sincerely, Liz Whitelam Liz Whitelam lizhop@gmail.com (781) 670-9202 www.tallc2thehand. com aGs 10/13/2005 1-93 = -jS .ASSESS _ _ T ~ PROTECTIONA W~ ' ra Y ^ I LT .i .,.nom ~Y -7."'. FAY, SPOFFORD & THORNDIKE Engineers - Planners - Scientists Executive Summary In 1992, a vehicle crash on a clear weather day resulted in a spill 'of approximately h 10,000 gallons of gasoline from a tanker truck in the Town of Wilmington on a segment of I-93 between the Route 129 and Concord Street interchanges, Exits 38 and 39. This crash and its potential repercussions on the Town of Reading's well fields provided the impetus for this study. The purpose.of this study was to assess the risk associated with other hazardous material (hazmat) spills that may occur in proximity to Reading's well fields, most specifically along this 1.5-mile segment of I-93, and identify appropriate mitigation measures to help protect Reading's water supply. To accomplish these objectives, the study was divided into four tasks. Task 1 was a review of databases that provide relevant comparative information concerning historical general crashes and hazmat spills in the vicinity of the Town of Reading's well fields on I-93 and elsewhere at five comparable interstate locations. Information compiled by Fay, Spofford & Thorndike (FST) for this task indicated that, over an 18-year period, spill occurrences along I-93 are consistent with the average of 1.3 spills per mile of the Massachusetts interstate highway system. Of the 739 reported spills (spills of 5 gallons or more reported to MA DEP) along the interstate highway system during that period, nearly 60 percent of the spills were less than 50 gallons in size, whereas only 2.6 percent of the spills were greater than 300 gallons. The Massachusetts Department of Environmental Protection (MADEP) spill database indicated that reported spills along the Massachusetts interstate highway system consist almost entirely of petroleum products. Diesel fuel showed the highest occurrence of spill type, accounting for 63 percent of the reported spills. Gasoline accounted for only 3 percent of the reported spills, while 22 percent of the reported spills (many of which may have been gasoline spills associated with vehicle crashes) were identified as unknown or unrecorded. Diesel spills and other spills of significant volumes are the result of large truck crashes. A review of roadway conditions at the time of large truck crashes along the entire length of the I- 93 corridor in the Town of Wilmington (i.e., a total length of about 5 miles having four interchanges) for the years of 2002 and 2003 indicated that: ➢ Only 3 percent of the vehicles involved in reported crashes were large trucks or 17 out of 534 total crashes, ➢ 88 percent of large truck crashes occurred during daylight conditions, ➢ The pavement was dry 71 percent of the time and wet or snowy 29 percent of the time during crashes involving large trucks, and ➢ It was raining or snowing 18 percent of the time during crashes involving large trucks. The above findings are consistent with National Weather Service data for Boston, MA for the period of 1920 through 1995, which indicated, on average, that during 124 days per year (34 percent of the days within a year) at least 0.01 inches of precipitation occurs, and that during 74 days per year (20 percent of the days within a year) at least 0.1 inches of precipitation occurs. Other data sources suggested that 90 percent of the storm events in the Boston area result in less than 1 inch of precipitation. J:\DevlDraft Final Reportl.Doc El FAY, SPOFFORD & THORNDIKE Engineers - Planners - Scientists Review of spill data associated with railroad operations, and a review of current usage of the MBTA rail line through the study area, suggested the likelihood of a rail-related spill along this segment of rail is extremely low. r Task 2 of this study focused on the development of scenarios under which hazardous cargoes could contaminate the well fields. Multiple factors, such as incident location, the type and volume of materials involved, and weather conditions, all contribute in various combinations to create multiple scenario possibilities. Much of the work efforts of Task 2 defined hydrologic and hydraulic conditions of land areas contributing flow to the Reading well fields. Study efforts initially delineated the watershed area tributary to the Ipswich River, which is upstream of the Reading well fields. We then narrowed our focus within the watershed to identify specific areas of concern based on the risk potential to the Reading well fields associated with a hazmat spill within the area. Three general classifications of risk, and the tributary areas associated with that risk, were identified as follows: ➢ High Risk Areas - Sections of I-93 from 1000 feet north of the Ipswich River to 1500 feet south of the river. Stormwater along this length discharges to the east of the interstate, or towards the wells. ➢ Moderate Risk Areas - All other sections of I-93 between Concord Street and Route 129, inclusive of interchanges, and a portion of Woburn Street at the Ipswich River crossing, and ➢ Low Risk Areas - Local roads with drainage directly to wetlands that feed the river. These include Concord Street, Woburn Street, West Street, Lowell Street (Route 129), Grove Street and the neighborhood streets that are immediately serviced by these roadways. Within the high risk area, we performed hydrologic and hydraulic analyses for three representative subcatchment areas to assess the potential impact of weather related stormwater runoff concurrent with the occurrence of a spill, as follows: ➢ The southerly segment of the I-93 high risk area (approximately 1900 linear feet of roadway) from just north of the Ipswich River to the most southerly set of catch basins directing runoff easterly toward the well field. ➢ The I-93 area (approximately 535 linear feet of roadway) tributary to the low point in the highway approximately 450 feet south of the river. ➢ A typical I-93 area (approximately 340 linear feet of roadway) tributary to each set of storm drain catch basins. For each subcatchment area, we developed peak flow rates and runoff volumes for the 2-, 5-, 10-, 25-, 50-, and 100-year storm events. Additionally, we calculated the pavement area runoff volumes attributable to 0.5 inch of rainfall and 1.0 inch of rainfall for each subcatchment area. The results are presented in Table ES-1. FAY, SPOFFORD & THORNDIKE Engineers - Planners - Scientists Table ES-1 Summary of Peak Flows and Runoff Volumes For Three Representative Subcatchments Storm Event Rainfall Subcatchment 11 Subcatchment 2Z r Subcatchment 33 Peak Runoff Peak Runoff Peak Runoff (in/24hr) Flow (cfs) Volume (af) Flow (cfs) Volume (af) Flow (cfs) Volume (af) 0.5-inch n.a. n.a 0.23 n.a 0.06 n.a 0.04 (74,940 gal) (19,550 gal) (13,030 gal) 1.0-inch n.a. n.a. 0.46 n.a. 0.13 n.a. 0.08 (149,900 gal) (42,360 gal) (26,070 gal) , 2-Year 3.10 20.5 1.48 5.8 0.42 3.7 0.26 5-Year 3.90 26.4 1.94 7.4 0.54 4.7 0.35 10-Year 4.55 31.1 2.31 8.8 0.65 5.6 0.41 25-Year 5.40 37.3 2.80 10.5 0.79 6.7 0.50 50-Year 5.90 40.9 3.09 11.5 0.87 7.3 0.55 100-Year 6.50 45.3 3.43 12.8 0.97 8.1 0.62 'Subcatchment 1 is entire area of highest concern south of the Ipswich River. ZSubcatchment 2 is area tributary to low point in highway. 3Subcatchment 3 is typical area between catch basins sets. cfs = cubic feet per second, of = acre-feet (1 of = 43,560 cubic feet), 1 cubic foot = 7.48 gallons Task 3 of this study determined the probability of occurrence for the various scenarios identified during Task 2 and assessed the viability of crash reduction countermeasures that may be available for implementation along I-93 within the study area as a means of reducing the frequency of vehicular accidents and the likelihood of possible spills. Based on historical data that indicated 811 accidents in the last 10 years along the project area, expected spill rates were calculated for the project area. Table ES-2 summarizes the estimated probabilities of their occurrence with the area of risk to the Reading wells. Table ES-2 Summary of Spill Probabilities Spill Size Statewide Proj ect Area (gallons) Spills on Interstate Expected Number of Spills per 10 years' No. of Percent No. Accidents Total High Risk Medium Local Spills of Spills per Spill Project Area Risk Area Roads <50 439 59 772 1.05 0.350 0.700 NA 250 to <300 281 38 1207 0.67 0.224 0.448 NA >300 19 3 17,850 0.05 0.015 0.030 NA Total 739 100 459 1.77 0.589 1.179 NA 'Based on 811 accidents in 10 years along project area. 2 J:\Dev\Draft Final Reportl.Doc 7f' FAY, SPOFFORD & THORNDIKE Engineers - Planners - Scientists A review of crash and spill data and the physical condition of the corridor, indicated that the project area is designed to appropriate interstate standards. We concluded, therefore, that the implementation of additional general crash countermeasures above and beyond routine maintenance of pavement surfaces plus continued attention to good ail-weather lane delineation and signage will do little to alter the. risk associated with another large spill on the segment of I- 93 between the Concord Street and Route 129 interchanges. Task 4 of this study focused on the development of a range of short-term, 'mid-term, and long-term mitigation alternatives to help protect Reading's water supply. Short-term solutions including adding guardrail and berm, replacing the existing catch basins with deep sump catch , . basins, and deploying booms permanently at the outfalls. The installation of a standard-sized, 6' diameter, Stormceptor device just upstream of all the outfalls in the high-risk area was identified as a mid-term solution. Long-term solutions were developed assuming storage of a 10,000 gallon spill and the first 0.5-inch of runoff from the area of highest concern along I-93. In Chapter 5, a detailed description of the following five long-term solutions is provided, including discussions on the advantages and disadvantages of each one and the estimated costs: ➢ Alternative No. 1: Detention Basin At Upland Area ➢ Alternative No. 2: Toe of Slope Detention Basin ➢ Alternative No. 3: Underground Containment Chambers ➢ Alternative No. 4: Consolidation Conduit ➢ Alternative No. 5: Stormceptor System x Order of magnitude cost estimates were presented as a part of the study to provide budgetary construction costs for the major elements of each alternative. A 30 percent contingency factor was included in the costs to account for unknown conditions, lack of detail in the design and incidental work items associated with each alternative. Costs ranged from a low of $300,000 for Alternative 5 to a high of $600,000 for Alternative 3. J:\Dev\Draft Final Report I.Doc 3 ~,5 Z3.10 Policy establishin- an ad hoc Committee to evaluate participation in the "Cities for Climate Protection" Program (Committee) There is hereby established a five (5) member ad hoc Committee to evaluate participation in the "Cities for Climate Protection" Program (Committee), and to make recommendations to the Board of Selectmen on the feasibility of participating in such a program. The terms of the ad hoc committee shall expire on November 30, 2005, unless extended by the Board of Selectmen. The International Council for Local Environmental Initiatives (ICLEI) has established a "Cities for Climate Protection" program, which works with cities, towns, and counties to reduce the pollution that causes global warming. The program is comprised of 5 actions: 1. Conduct a local emissions inventory of greenhouse gas emission. 2. Adopt an emissions reduction target. 3.. Identify local actions that achieve the target. 4. Implement action plan policies and actions. 5. Quantify and report benefits created. In the United States 154 cities, towns, and counties participate in the program at present. Those cities and towns located in Massachusetts include, Amherst, Arlington, Barnstable, Boston, Brookline, Cambridge, Falmouth, Gloucester, Lenox, Lynn, Medford, Natick, Newton, Northampton, Salem, Shutesbury, Somerville, Springfield, Watertown, Williamstown, and Worcester. The ICLEI requests that its members "cut 20 million tons of global warming pollution and cut $400 million from energy and fuel costs for their communities." In selecting the Committee membership of 5 members, the Board of Selectmen shall appoint all members and shall attempt to fill the positions as follows: ➢ One member designated by the Board of Selectmen; ➢ One member recommended by the Conservation Commission; ➢ One member recommended by the Board of Health; ➢ One member recommended by the Reading Municipal Light Board; ➢ An educator recommended by the School Department; ➢ One resident of the community who does not represent the above groups, and who has expertise in, conservation, environmental affairs, energy, or other areas of expertise which, in the opinion of the Board would be helpful in meeting the Committee's mission. The mission of the ad hoc Committee to evaluate participation in the "Cities for Climate Protection" Program is to advise the Board of Selectmen on whether the Town should participate in this program. The Committee will: 1. Develop a work plan and schedule for accomplishing the Mission of the Committee, and review it and key decision points with the Board of Selectmen; 2. Become thoroughly familiar the Cities for Climate Protection program; 3. Discuss with other communities who participate in the campaign, the advantages and disadvantages of participation; 4. Understand the budget and/or staff cost in participating in the program; 5. Make a recommendation to the Board of Selectmen; 6. Make a final report to Town Meeting. 3c1 Staff will be assigned by the Town Manager to work with the Committee. The Committee will be considered to be part of the Department of Community Services for Administrative purposes. The services of Town Counsel, and other expertise will be available through the Town Manager. The ad hoc committee will make a final report to the Board of Selectmen no later than October 30, 2005, except as the Board of Selectmen may extend that date. Adopted 6-7-05 :34::W Z License Number THE COMMONWEALTH OF MASSACHUSETTS ALCOHOLIC BEVLRAGES CONTROL COM1 IISSION FORM 43 Reading qty/Town Date tae of Tr sactio (Please'ch k AU r lg= transactions) ( )New License () New Officer/Director (k) Pledge of License ( ) Transfer of License () Change of Location (X) Pledge of Stock ( ) Change of Manager () Alter Premises () Other ( ) Transfer of Stock Busa's Reading.Liquors, Inc. Name of licensee Busa's Reading Liquors DB /A FID of Licensee Daniel P. Busa, Jk. Manager 345 Main Street, Reading, MA 01867 Address: Number Street Zip Code Annual All .' farms . of alcohol package store Annual or Seasonal Category: Au Alcohol, wim a wt Type: ResWvwk club, pedmp SwM hm, amaa on Promfic, Hta. Description of Licensed premises: 345 Main.Street, Reading , MA 01867 - •alcohol to be consumend ;ff off site. First floor - approximately 5,668 square feet. front en ra , rear service entrance. Application was filed: 9121/05 Dato & *w Advertised N/A Daft aPJat� Abutters Notified Yea Nh N/A Person to contact regarding this transaction: Name: Rubin, Weisman, Colasanti, Raj•ko & Stein, LLP. Address: 430 Bedford Street, Lexington, MA-0 2420 Phone ##: 781- 860 -9500 The Local Licensing Authorities By: Alcoholic Beverages Control Commission Aran gloria Eqcutive Director ' Remazke: A T7te ABCC BLEM BOOK W, 2004 EdWAW PRIMON FOR LICENSE TRANSACTION The Commonwealth of MassacAnsetts September' 17 20 05 — Change of Location X Pledge of -Lioem Change of DB /A Change of License Type To the - R Pledge of Stock Change of Corporate Name Change of Manager Cordials and Liqueurs Permit Licensing Board for the The undemi gned respectfully petition for Pledge�of.License, and Pledge of Stock for Busa's .Reading Liquors, Inc. a Busals xeaaxng Liquurb with a physical address of 345 Man Street. Daniel P. Bu,a, J1r: President e�-- �77T —T— ale F4162vII *ill 16 N CO W Q 2 BUSA'S READING LIQUORS, INC. Certificate of Clerk I, the duly elected. Clerk of Busa's Reading Liquors, Inc., a Massachusetts corporation _ (the "Corporation'), hereby certify as follows: 1. The following resolutions were duly adopted by the written consents of the directors of the Corporation and filed with the records of the Corporation, and such resolutions have not been rescinded or amended and are in effect on the date hereof- RESOLVED: To authorize the President of the Corporation, Daniel P. Busa, Jr., acting on behalf of the Corporation to enter into a loan agreement with TD Banknorth for a Working Capital Line of Credit in the amount of Three Hundred Thousand Dollars ($300,000) whereby the Corporation, Vinebrook Corporation, Busa Bros. Liquors, Inc., Doherty Bros. Market, Inc., Highlander Plaza Liquors, Inc. and State Road Liquor Mart, Inc. will act as Borrowers and a Term Note in the amount of Two Hundred Forty Thousand Dollars ($240,000) between the Corporation and TD Bankoorth to be secured by (i) a first priority perfected security interest in all business assets of the Corporation; (ii) the pledge of all capital stock of the corporation; and (iii) the assignment of the Corporation's liquor license to the extent permitted under the Massachusetts Alcoholic Beverages Control Commission regulations and to execute and deliver any and all documents necessary to effectuate said transactions. 2. The following persons have been duly elected to and now hold the offices set after their names, and the signatures appearing opposite their respective offices below are the genuine signatures of such persons: Name Office Daniel P. Busa, Jr. President Daniel P. Busa, Jr. Treasurer Daniel P. Busa, Jr. Secretary P.,44A n = I"t Z-/A Ut;1..!41- !-411 Daniel P. Busa, Jr. Director Michael E. Rubin Director 3. The Certificate of (food Standing (Long Form), the Articles of Organization and the By -Laws of the Corporation, all of which are attached hereto, have not been amended.or rescinded and are in effect on the date hereof. - _ Dated this c,?3 day of September, 2005. 3 d3 BUSA'S READING LIQUORS, INC. Written Consent in Lieu Of Meeting of Directors The undersigned, being the Directors of Busa's Reading Liquors, Inc., a Massachusetts corporation (the "Corporation'), do hereby consent, pursuant to Chapter 156D, Section 8.21 of the Massachusetts General Laws and the bylaws of the Corporation, to the adoption of the following resolution with the same force and effect as if duly adopted at a regularly called meeting of the Directors of the Corporation: RESOLVED: To authorize the President of the Corporation, Daniel P. Buss, Jr., to enter into a loan agreement with TD Banknorth for a Working Capital Line of Credit in the amount of Three Hundred Thousand Dollars ($300,000) whereby the Corporation, Vinebrook Corporation, Busa Bros. Liquors, Inc., Doherty Bros. Market, Inc., Highlander Plaza Liquors, Inc., and State Road Liquor Mart, Inc. will act as Borrowers and a Term Note in the amount of Two Hundred Forty Thousand Dollars ($240,000) between the Corporation and TD Banknorth to be secured by (i) a first priority perfected security interest in all business assets of the Corporation; (ii) the pledge of all capital stock of the corporation; and (iii) the assignment of the Corporation's liquor license to the extent permitted under the Massachusetts Alcoholic Beverages Control Commission regulations and to execute and deliver any and all documents necessary to effectuate said transactions. Dated this day of September, 200 ; Jr., Director 3xq :k*4' • ��•'i_I�Q ' �•_M' $150,000.00 As of September , 2005 FOR VALUE RECEIVED, the undersigned BUSA BROS LIQUORS, INC., a Massachusetts corporation, STATE ROAD LIQUOR MART, INC., a Massachusetts corporation and BUSA'S READING LIQUORS, INC., a Massachusetts corporation, jointly and severally, (collectively, the "Borrowers" and individually, a ` o o er") hereby promise to pay to TD BANKNORTH, N.A. (the ' J&n_e ), or order, on the Maturity Date (as defined in the Loan Agreement referred to below), the principal amount of One Hundred Fifty Thousand and 00 /100 ($150,000.00) Dollars or, if less, the aggregate unpaid principal amount of all Revolving Loans (as defined in the Loan Agreement referred to below) made by the Lender to the Borrowers pursuant to the Loan Agreement and noted on the records of the Lender, together with interest (computed on the basis of a year of three hundred sixty (360) days for the actual number of days elapsed) on the unpaid principal amount hereof until paid in full at a rate per annum specified in the Loan Agreement. Such interest shall be due and payable in the amounts and on the dates as set forth in the Loan Agreement. All payments under this Note shall be made at the head office of the Lender at 17 New England Executive Park, Burlington, Massachusetts 01803 (or at such other place as the Lender may designate from time to time in writing) in lawful money of the United States of America in federal or other immediately available funds. The Borrowers may prepay this Note in whole or in part at any time without premium subject to the terms and conditions of repayment set forth in Section 2.5 of the Loan Agreement. Amounts so paid and other amounts may be borrowed and re- borrowed by the Borrowers hereunder from time to time as provided in the Loan Agreement referred to below. The Borrower agrees to repay ON DEMAND the principal a= stated above, or, if less, the aggregate unpaid balance of all Revolving Loans and advances made to or for the benefit of the Borrowers by the Lender hereunder and pursuant to the provisions of the Loan Agreement. Prior to such demand by the Lender or a refusal by the Lender to make advances due to the occurrence of an Event of • Default under the Loan Agreement, any Borrower may borrow principal hereunder, from time to time, provided that the aggregate of all principal outstanding hereunder shall never exceed the principal sum stated above. This Note is issued pursuant to, is entitled to the benefits of, and is subject to the provisions of a certain Loan Agreement of even date herewith by and among the Borrowers (as defined in the Loan Agreement), the Guarantors (as defined in the Loan Agreement) and the Lender (herein, as the same may from time to time be amended or extended, referred to as the "Loan Agreement 1), but neither this reference to the Loan Agreement nor any provision thereof shall affect or impair the absolute and unconditional obligation of the undersigned makers of this Note to pay the principal of and interest on this Note as herein provided. Upon an Event of Default, as defined in the Loan Agreement, the aggregate unpaid balance of principal plus accrued interest may become or may be declared to be due and payable in the manner and with the effect provided in the Loan Agreement. THE BORROWERS HEREBY IRREVOCABLY WAIVE TRIAL BY JURY IN ANY JURISDICTION AND IN ANY COURT WITH RESPECT TO, IN CONNECTION WITH, OR ARISING OUT OFT NOTE, THE OBLIGATIONS, OR ANY INSTRUMENT OR DOCUMENT DELIVERED PURSUANT HERETO, OR ANY CLAIM OR DISPUTE HOWSOEVER ARISING, BETWEEN THE BORROWERS AND THE LENDER. THIS B0430895v1 Initial here: —a�- S WAIVER OF JURY TRIAL SHALL BE EFFECTIVE FOR EACH AND EVERY DOCUMENT EXECUTED BY THE BORROWERS OR THE LENDER AND DELIVERED TO THE LENDER OR THE BORROWERS, AS THE CASE MAY BE, WHETHER OR NOT SUCH DOCUMENT SHALL CONTAIN A WAIVER OF JURY TRIAL. THE BORROWERS FURTHER ACKNOWLEDGE THAT ALL DOCUMENTS DELIVERED BY THE LENDER OR THE BORROWERS ARE SUBJECT TO THIS WAIVER OF JURY TRIAL AS TO ANY ACTION THAT MAY BE BROUGHT AS TO ANY OF SUCH DOCUMENTS, INSTRUMENTS OR LETTERS OR THE LIKE. THE BORROWERS FURTHER CONFIRM THAT THE FOREGOING WAIVERS ARE INFORMED AND FREELY MADE. The makers of this Note hereby waives presentment, demand, notice of dishonor, protest and all other demands and notices in connection with the delivery, acceptance, performance and enforcement of this Note. WITNESS the execution of this Note under seal as of the date written above. BUSA BROS LIQUORS, INC. By Daniel P. Busa, Jr., President STATE ROAD LIQUOR MART, INC. By Daniel P. Busa, Jr., President BUSA'S READING LIQUORS, INC. By. Daniel P. Busa, Jr., President 2 B0430895v1 3AV EXECUTION nWiNTITITO (1904 11 011:949411t1w This ALCOHOLIC BEVERAGE LICENSE PLEDGE AGREEMENT (this "Agreement" or "Pledge Agreement'1, dated as of the _ day of September, 2005, is by and between BUSA' S READING LIQUORS, INC., a Massachusetts corporation located at 133 Massachusetts Avenue, Lexington, Massachusetts 02420 (the " Pledgor"), and TD BANKNORTH, N.A. (the "Lender"). All capitalized terms not defined herein but defined in that certain Loan Agreement, dated as of even date herewith (as the same may be hereafter amended, modified, substituted, extended, restated or supplements, from time to time), by and among the Pledgor, Vinebrook Corporation, a Massachusetts corporation, Buser Bros Liquors, Inc., a Massachusetts corporation, Doherty Bros Market, Inc., a Massachusetts corporation, Highlander Plaza Liquors, Inc., a Massachusetts corporation, and State Road Liquor Mart, Inc., a Massachusetts corporation, jointly and severally (each a `Borrower' and collectively, the `Borrowers'), the Lender and the other parties thereto (the "Loan Agreement's shall have the meanings given to such terms in the Loan Agreement. WHEREAS, the Pledgor is the holder of an alcoholic beverage license granted by the Licensing Board of the Town of Reading (the "CW) and approved by the Alcoholic Beverage Control Commission of the Commonwealth of Massachusetts (the "ABCC') and attached as Exhibit A hereto (the "License'1; and WHEREAS, the obligation of the Lender to enter into the Loan Agreement and extend financial accommodations to the Borrowers is subject to the condition, among others, that Pledgor execute and deliver to the Lender this Pledge Agreement, and pledge to the Lender all of its right, title and interest in and to the License to secure the Obligations. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows: 1. Pledlze of License. (a) As security for the Obligations of the Pledgor to the Lender under the Loan Documents, the Pledgor hereby pledges, assigns and transfers to Lender, and grants a continuing security interest in, all of its right, title and interest in and to the License to be held by the Lender in accordance with the terms and conditions set forth herein. 2. Obligations. The License shall secure the Obligations of the Pledgor under the Loan Documents. 3. Representations and Warranties. Pledgor represents and warrants to Lender that: (a) Pledgor is, and as to any renewal, amendment or replacement, shall be, the sole licensee under the License; (b) the License is and shall be genuine, has and shall have been duly and validly granted, authorized and issued; is and will be in full force and effect; is and will be free and clear of any restrictions on transfer other than such restrictions as may be enforced by the City and the ABCC; (c) Pledgor has and shall have the right to transfer the License, subject to the approval of the City and the ABCC, and to grant a security interest therein to the Lender as provided in this Agreement, subject to the B0430755v1 approval of the City and the ABCC (provided that the failure of either the City or the ABCC to approve this Agreement without condition shall an Event of Default hereunder); (d) Pledgor has complied with all applicable laws, regulations and ordinances related to the License, including but not limited to, the regulations or ordinances of the City or the ABCC; and (e) this Pledge Agreement represents Pledgor's legal, valid and binding obligation, enforceable against it in accordance with the terms hereof, except as enforceability thereof may be limited by bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors' rights generally and general equitable principles. 4. Defense of Rights and Title. Pledgor shall defend its title in the License, and Lender's rights and security interests therein, against the claims and demands of any other Person. 5. Rights and Remedies Upon Default. Upon and after the occurrence, and during the continuance, of any Event of Default, Lender without notice or demand (except to the extent required herein) shall have the following rights and remedies (such rights and remedies being cumulative and enforceable by Lender alternatively, successively or concurrently, and at such times deemed expedient by Lender): (a) All rights and remedies provided by law, including without limitation, those provided by the Uniform Commercial Code as enacted in the Commonwealth of Massachusetts (the "UCC'); (b) Lender will give Pledgor at least thirty (30) days' prior written notice in accordance with Section 15 hereof of the time and place of any public sale of any License or of the time after which any private sale or any other intended disposition thereof is to be made. Any such notice shall be deemed to meet any requirement hereunder or under any applicable law (including, without limitation, the UCC) that reasonable notification be given of the time and place of such sale or other disposition. After deducting all costs and expenses of collection, storage, custody, sale or other disposition and delivery (including reasonable legal costs and reasonable attorneys' fees) and all other charges against the License, all cash proceeds received by the Lender in respect of any sale, collection or other enforcement or disposition of the License, shall be applied against Obligations in such order and in such amounts as the Lender shall elect. Upon payment in full of all Obligations, the Pledgor shall be entitled to the return of the Licenses or, if sold or transferred, the remaining proceeds from the sale or transfer, which proceeds have not been used or applied toward the payment of Obligations (unless another person is legally entitled thereto). Any assignment of the Licenses by the Lender to the Pledgor shall be without representation or warranty of any nature whatsoever and wholly without recourse; (c) If the Licenses are sold'on credit or for future delivery, the License may be retained by the Lender until the purchase price is paid in full. The Lender shall incur no liability in case of the failure of the purchaser to pay for the License as so sold, or of the failure of the Lender to make any sale of the License after giving notice thereof, and in case of any such failure, such License may again be sold upon the same notice as in the case of an original sale. The Lender shall also not incur any liability in the event that, during its control of the License, either the City or the ABCC cancels or revokes the License except as may result from the gross negligence or intentional misconduct of the Lender; (d) The right to demand, sue for, collect, receive or make any compromise or settlement that Lender deems expedient in respect of the License, whether or not any of the Obligations are due; (e) The right to cause any or all of the License to be transferred into the name of Lender or the names of any of its nominees, provided that the License shall be held by the Lender or its nominee as security for the Obligations subject to and in accordance with the terms and conditions hereof. 9 -2- B0430755vi -b X 6. Further Action by Pledgor. (a) The Pledgor shall not (i) sell, assign, transfer or otherwise dispose of the Licenses, or create or suffer to exist any lien, security interest, assignment by operation of law or other charge or encumbrance on, or with respect to the Licenses, except for the security interest created by this Agreement; or (ii) take or permit to be taken any other action in connection with the Licenses which would materially impair the value of the interest or rights of the Pledgor or of the Lender therein or thereunder. (b) The Pledgor shall promptly execute and deliver, at the expense of the Pledgor, all such further notices, instruments and documents, including, without limitation, financing statements, and take all such further action, as may be reasonably necessary or advisable, or as the Lender may reasonably request at any time or times, in order to perfect, preserve and protect the security interest granted hereby or to enable the Lender to exercise and enforce its rights, remedies and powers hereunder with respect to the Licenses. 7. Marshalling. Lender shall not be required to marshal any present or future collateral security for or guaranties of the Obligations (including without limitation the License pledged hereunder), or to resort to such security or guaranties in any particular order. All of Lender's rights hereunder and in respect of the License and any other security and guaranties shall be cumulative and in addition to all other rights of Lender, however existing or arising. 8. Further Assurances. Pledgor shall promptly execute and deliver to Lender, upon request such financing statements, certificates, stock powers, proxies and other documents or instruments as Lender reasonably deems necessary to enable Lender to perfect, or from time to time renew or reaffirm, or perfect, or realize upon, or continue the perfection of, the security interest granted hereby, including, without limitation, such financing statements, certificates and other documents as may be necessary to perfect a security interest in any additional License hereafter acquired by Pledgor or in any replacements or proceeds thereof. Pledgor irrevocably authorizes and appoints Lender as its true and lawful attorney -in -fact, with full power of substitution, in the place and stead of the Pledgor and in the name of the Lender or the Pledgor or otherwise at any time or at all times upon the occurrence and during the continuation of an Event of Default or the reasonable discretion of the Lender, to take any action and to execute any and all instruments or documents that the Lender may deem reasonably necessary or advisable to accomplish the purposes of this Agreement. If the Pledgor fails to perform any action required of the Pledgor under this Agreement, the Lender may, at any time, in its discretion, take action to effect performance of such action. All reasonable out -of- pocket expenses of the Lender incurred in connection with the foregoing shall be payable by the Pledgor in accordance with this Agreement. The rights and powers conferred on Lender by Pledgor are expressly declared to be coupled with an interest and shall be irrevocable until all the Obligations are paid and performed in full. Pledgor further agrees that a carbon, photographic or other reproduction of a security agreement or financing statement is sufficient as a financing statement under this Pledge Agreement. Pledgor authorizes Lender to cause the security interest therein to be noted on the books and records of the Pledgor, the City and/or the ABCC and to take such other actions as may be necessary to perfect Lender's security interest therein. Pledgor shall pay to Lender on demand all reasonable out -of- pocket fees, costs and expenses incurred by Lender in connection with the administration of this Pledge Agreement, including, without limitation, overnight courier fees, lien search fees, and filing and recording fees. 9. Transfers. Pledgor shall not sell, assign, transfer or otherwise dispose of, grant any option with respect to, or pledge or grant any security interest in or otherwise encumber any of the License or any interest therein except as provided herein without the prior written consent of Lender. -3- B0430755v1 3 �'Q 10. Waivers . To* the extent not prohibited by any applicable law that cannot be waived, the Pledgor hereby waives presentment, demand, notice, protest and, except as is otherwise provided herein, all other demands and notices in connection with this Pledge Agreement or the enforcement of Lender's rights hereunder or in connection with any of the Obligations or the License. The Pledgor further consents to and waives notice of the granting of renewals, any extension or postponement of the time for payment of any of the Obligations or any other indulgence, and the addition or release of the License or persons primarily or secondarily liable on any Obligations, the acceptance of partial payments on any of the Obligations or the License and/or the settlement or compromise thereof. No delay or omission on the part of Lender in exercising any right hereunder or under the Loan Agreement or under any other agreements, instruments or documents shall operate as a waiver of such right or of any other right hereunder. Any waiver of any such right on any one occasion shall not be construed as a bar to or waiver of any such right on any such future occasion. To the extent not prohibited by any applicable law that cannot be waived, Pledgor further waives any right it may have under the Constitution of the Commonwealth of Massachusetts or the Constitution of the United States, to notice (other than any requirement of notice provided herein) or to a judicial hearing prior to the exercise of any right or remedy provided by this Agreement to Lender and waives its rights, if any, to set aside or invalidate any sale duly consummated in accordance with the foregoing provisions hereof on the grounds (if such be the case) that the sale was consummated without a prior judicial hearing. PLEDGOR'S WAIVERS UNDER THIS SECTION HAVE BEEN MADE VOLUNTARILY, INTELLIGENTLY AND KNOWINGLY AND AFTER PLEDGOR HAS BEEN APPRISED AND COUNSELED BY ITS ATTORNEYS AS TO THE NATURE THEREOF AND ITS POSSIBLE ALTERNATIVE RIGHTS. 11. Termination: Assi nment. This Pledge Agreement and the security interest in the License created hereby shall terminate when the Obligations have been paid and irrevocably discharged in full. No waiver by Lender or by any other holder of the Obligations of any default shall be effective unless in writing nor operate as a waiver of any other default or of the same default on a future occasion. In the event of a sale or assignment by Lender of the Obligations held by it, Lender may assign or transfer its rights and License under this Agreement in whole or in part to the purchaser or purchasers of such Obligations, whereupon such purchaser or purchasers shall become vested with all of the powers, rights and obligations of Lender hereunder, and Lender shall thereafter be forever released and fully discharged from any liability or responsibility thereafter arising hereunder with respect to the rights and License so assigned. 12. Reinstatement. The provisions of Section 11 hereof notwithstanding, this Pledge Agreement shall continue to be effective or be reinstated, as the case may be, if at any time any amount received by Lender in respect of the License is rescinded or must otherwise be restored or returned by Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of Pledgor or any Borrower, or upon the appointment of any intervenor or conservator of, or trustee or similar official for any of them or any substantial part of their properties, or otherwise, all as though such payments had not been made. 13. Governmental AMroyals. Upon the exercise by Lender of any power, right, privilege or remedy pursuant to this Pledge Agreement which requires any consent, approval, registration, qualification or authorization of any governmental authority or instrumentality, Pledgor will execute and deliver, or will cause the execution and delivery of, all applications, certificates, instruments and other documents and papers that Lender may be required to obtain for such governmental consent, approval, registration, qualification or authorization. -4- B0430755vl 3 X\ 0 14. Certain Definitions. Capitalized terms used herein without definition which are defined in the Loan Agreement shall have the respective meanings ascribed to them therein. 15. Notices. All notices, demands or other communication made in respect of this Agreement shall be made and deemed given if sent as set forth in Section 10.1 of the Loan Agreement. 16. Other Matters. This Pledge Agreement incorporates all discussions and negotiations between Pledgor and Lender concerning this Pledge Agreement. This Pledge Agreement shall inure to the benefit of and be binding upon Lender and Pledgor and their respective successors and assigns. No provision hereof may be altered, amended, waived, canceled or modified, except by a written instrument executed and acknowledged by a duly authorized officer of Lender. In case any provision in this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The section headings in this Agreement are for convenience of reference only and shall not be, considered in construing this Pledge Agreement. This Pledge Agreement may be executed in counterparts and by the different parties hereto on separate counterparts, each of which shall be an original, but together shall constitute one instrument. 17. Governing Law: buy Trial: Waivers of Service and Damagos. THE VALIDITY, INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. THE PLEDGOR AND THE LENDER EACH HEREBY WANE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREUNDER. THE PLEDGOR HEREBY IRREVOCABLY WANES PERSONAL SERVICE OF PROCESS AND CONSENTS TO SERVICE OF PROCESS BY. CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED. IN NO EVENT WILL THE LENDER BE LIABLE FOR LOST PROFITS OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK SIGNATURES APPEAR ON FOLLOWING PAGE.] _5_ B0430755vl 3 �'�1 IN WITNESS WHEREOF, Pledgor and Lender have each executed this Alcoholic Beverage License Pledge Agreement as a sealed instrument as of the date first above written. Pl or: BUSA'S READING LIQUORS, INC. By Daniel P. Busa, Jr., President TD BANKNORTH, N.A. By: Robert J. Eisenberg, Vice President -6- B0430755v1 �iy 3 EXECUTION STOCK PLEDGE AGREEMENT This STOCK PLEDGE AGREEMENT (this "A eemeaY' or "Pl—e ge A eemenY), dated as of the — day of September, 2005, is by and between Daniel P. Dusk Jr., an individual residing at 6 Farm Road, Lexington, Massachusetts, 02420 (the "Plr'J, and TD BANKNORTH, N.A. (the ` �'l. All capitalized terms not defined herein but defined in that certain Loan Agreement, dated as of even date herewith (as the same may be hereafter amended, modified, substituted, extended, restated or supplemented, from time to time), by and among Vinebrook Corporation, a Massachusetts corporation, Buss, Bros Liquors, Inc., a Massachusetts corporation, Doherty Bros Market, Inc., a Massachusetts corporation, Highlander Plaza Liquors, Inc., a Massachusetts corporation, State Road Liquor Mart, Inc., a Massachusetts corporation, and Busa's Reading Liquors, Inc., a Massachusetts corporation, jointly and severally (each a `Borrower" and collectively, the ` wars'), the Pledgor (as an Individual Guarantor), William A. Buss, (as an Individual Guarantor), the Lender and the other parties thereto (the "Loan A ment") shall have the meanings given to such terms in the Loan Agreement. WHEREAS, the Pledgor is the holder of stock ownership interests in the companies listed on Exhibit A hereto; and WHEREAS, the Pledgor has guaranteed all Obligations of the Borrowers as more particularly described in a certain Unlimited Guaranty by and among the Individual Guarantors in favor of the Lender, the of even date herewith (the J; and WHEREAS, the obligation of the Lender to enter into the Loan Agreement and extend financial accommodations to the Borrowers is subject to the condition, among others, that Pledgor execute and deliver to the Lender this Pledge Agreement, and pledge to the Lender all of its right, title and interest in and to the Interests (as herein defined) to secure the Obligations. NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound hereby, agree as follows: 1. Pledge of Interests. (a) As security for the Obligations of the Pledgor to the Lender under the Guaranty, the Pledgor hereby pledges, assigns and transfers to Lender, and grants a continuing security interest in, all of its right, title and interest in and to One Hundred Percent (100 %) of the Pledgor's stock ownership interests in the companies listed in Exhibit A hereto (such interest, whether certificated or uncertificated, together with the property referred to in Section 1(c) below, are herein referred to as the "Interests ') to be held by the Lender in accordance with the terms and conditions set forth herein. (b) All stock certificates) or other documents representing ownership of the Interests, accompanied by stock powers thereof, duly executed in blank by the Pledgor (the "Ply Documents"), are simultaneously being delivered to the Lender. The Interests shall be held by the Lender to secure the Obligations, and shall continue to be held pursuant to this Pledge Agreement until full satisfaction of all Obligations in accordance with the terms and conditions hereof and the Loan Agreement. (c) In case the Pledgor shall acquire, directly or indirectly, any additional equity interest in any Borrower or any Affiliate, or any securities exchangeable for or convertible into interests of any class, by dividend, split, distribution of capital or otherwise, or shall acquuire any additional B0429603A u marketable securities, whether or not related to the Interests, the Pledgor shall forthwith pledge, assign and deliver, or cause to be pledged, assigned and delivered, to Lender such interests or other securities to be held by Lender subject to, and in accordance with, the terms and conditions of this Pledge Agreement. 2. O li ations. The Interests now or hereafter pledged, assigned and delivered to Lender pursuant to the terms and conditions of this Pledge Agreement shall secure the Obligations of the Pledgor under the Guaranty. 3. Dividends: Distributions upon Liuidation or Recapitalization. The Pledgor agrees that (a) any sums paid upon or with respect to any of the Interests upon the liquidation or dissolution of any Borrower, and all cash or other dividends or distributions made by the Borrower on or in respect of the Interests upon the liquidation or dissolution of any Borrower, shall be paid over to Lender to be held by it as additional security for the Obligations, (b) upon the distribution of capital or principal on or in respect of any of the Interests in connection with the recapitalization or reclassification of the capital or pursuant to a reorganization of the Borrower, or upon the distribution of any property on or with respect to any of the Interests in connection with the recapitalization or reclassification of the capital or pursuant to the reorganization of the Borrower, the property so distributed shall be delivered to the Lender to be held as additional security for the Obligations, and (c) all sums of money and property paid or distributed on or in respect of the Interests upon such a liquidation, dissolution, recapitalization or reclassification, and all cash or other dividends or distributions made by the Borrower on or in respect of the Interests other than in the ordinary course of business, which are received by the Pledgor shall be held in trust for Lender as additional security for the Obligations by Pledgor until paid or delivered to Lender. 4. Representations and Warranties. Pledgor represents and warrants to Lender that: (a) Pledgor has good and valid title to the Interests, free of any liens (except in favor of Lender), options or restrictions on transfer, (b) has all necessary power, authority and legal right to enter into this Pledge Agreement, to pledge the Interests to Lender and otherwise perform and observe all of his obligations hereunder, without necessity of any consent or waiver of any other Person; (c) the execution, delivery and performance of this Pledge Agreement by Pledgor does not contravene the terms of any law, indenture, agreement or undertaking by which the Pledgor is bound; (d) the execution, delivery and performance by Pledgor of the terms and conditions of this Pledge Agreement will not result in the imposition or creation of any lien upon any of Pledger's property (except in favor of Larder) or assets under any law or any existing indenture, mortgage, deed of trust, loan or financing agreement or other agreement or instrument to which Pledger is a party or by which it or any of its property or assets is or may be bound except for liens in favor of the Lender; and (e) this Pledge Agreement represents Pledgor's legal, valid and binding obligation, enforceable against it in accordance with the terms hereof, except as enforceability thereof may be limited by bankruptcy, insolvency, reorganization or other similar laws affecting the enforcement of creditors' rights generally and general equitable principles. 5. Defense of Rig is and Title. Pledgor shall defend its title in the Interests, and Lender's rights and security interests therein, against the claims and demands of any other Person. 6. Voting. Unless and until an Event of Default shall have occurred and be continuing, Pledgor shall be entitled to vote his Interests (if applicable) and to give consents, waivers and ratifications in respect thereof; provided, however, that no vote shall be cast, or consent, waiver or ratification given or action shall be taken which would be inconsistent with or violate any provision of this Pledge Agreement or the Loan Agreement or any other documents executed in connection therewith, including without limitation any action that would cause or allow any Borrower to issue additional equity interests or securities convertible into equity interests of any Borrower to any other Person. As used herein, "Event of Default" shall: (i) have the meaning ascribed to such term in the Loan Agreement; and (ii) mean any -2- B0429603vt 3 is breach by Pledgor of any term or provision of this Pledge Agreement which is not cured within ten (10) days after written notice thereof from the Lender. Pledgor's rights to vote and give consents, waivers and ratifications with respect to the Interests, at Lender's option, shall cease after the occurrence and during the continuance of an Event of Default, regardless of whether notice of such an Event of Default is given by Lender. 7. Rights and Remedies Upon Default. Upon and after the occurrence, and during the continuance, of any Event of Default, Lender without notice or demand (except to the extent required herein) shall have the following rights and remedies (such rights and remedies being cumulative and enforceable by Leader alternatively, successively or concurrently, and at such times deemed expedient by Lender): (a) All rights and remedies provided by law, including without limitation, those Provided by the Uniform Commercial Code as enacted in the Commonwealth of Massachusetts (the "UCC'); (b) The right to vote any or all of the Interests (if applicable) and to give all consents, waivers and ratifications in respect thereof and otherwise to act with respect thereto as though it were the outright owner thereof (whether or not any or all of such Interests shall have been transferred into the name of Lender), and in connection therewith, Pledgor hereby irrevocably appoints Lender as its attorney -in -fact, with full power of substitution, to cast such votes and give such consents, waivers and ratifications; (c) The right to demand, sue for, collect, receive or make any compromise or settlement that Lender deems expedient in respect of the Interests, whether or not any of the Obligations are due; (d) The right to sell, resell, assign and deliver, or otherwise dispose of any or all of the Interests or other property or assets held as security hereunder, upon such terms and at such times and at such places to such Persons deemed convenient by Lender, all without demand, notice or advertisement (except to the extent required herein or by any applicable law); and (e) The right to cause any or all of the Interests to be transferred into the name of Lender or the names of any of its nominees, provided that the Interests shall be held by the Lender or its nominee as security for the Obligations subject to and in accordance with the terms and conditions hereof. -3- B0429603A 3 Sale of Interests. (a) Lender will give Pledgor at least thirty (30) days prior written notice in accordance with Section 17 hereof of the time and place of any public sale of any Interests or of the time after which any private sale or any other intended disposition thereof is to be made. Any such notice shall be deemed to meet any requirement hereunder or under any applicable law (including, without limitation, the UCC) that reasonable notification be given of the time and place of such sale or other disposition. After deducting all costs and expenses of collection, storage, custody, sale or other disposition and delivery (including reasonable legal costs and reasonable attorneys' fees) and all other charges against the Interests, the residue of the proceeds of any such sale or disposition shall be applied to the payment of the Obligations and any surplus shall be returned to Pledgor or to any person or party lawfully entitled thereto (including, if applicable, any subordinated creditors of Pledgor). • (b) Pledgor recognizes that the Interests are not and will not be registered under the Securities Act of 1933, as, amended (the "Act") and that the Lender may be unable to effect a public sale of the Interests by reason of certain prohibitions contained in the Act, and in the rules and regulations promulgated thereunder. Pledgor agrees that any private sales of the Interests to one or more purchasers in compliance with the Act shall not be deemed to have been made in a commercially unreasonable manner solely because such private sales were made at prices and other terms less favorable to the seller than if sold at public sales. Lender shall be under no obligation to delay a sale of any of the Interests for the period of time necessary to permit any issuer of the Interests to register such Interests for public sale under the Act, even if the issuer thereof would agree to cause their registration. 9. Marshalling. Lender shall not be required to marshal any present or future collateral security for or guaranties of the Obligations (including without limitation the Interests pledged hereunder), or to resort to such security or guaranties in any particular order. All of Lender's rights hereunder and in respect of the Interests and any other security and guaranties shall be cumulative and in addition to all other rights of Lender, however existing or arising. 10. Further Assurances. Pledgor shall promptly execute and deliver. to Lender upon request such financing statements, certificates, stock powers, proxies and other documents or instruments as Lender reasonably deems necessary to enable Lender to perfect, or from time to time renew or reaffirm, or perfect, or realize upon, or continue the perfection of, the security interest granted hereby, including, without limitation, such financing statements, certificates and other documents as may be necessary to perfect a security interest in any additional Interests hereafter acquired by Pledgor or in any replacements or proceeds thereof. Pledgor irrevocably authorizes and appoints Lender as its true and lawful attorney -in -fact, with full power of substitution, in the place and stead of the Pledgor and in the name of the Lender or the Pledgor or otherwise at any time or at all times upon the occurrence and during the continuation of an Event of Default or the reasonable discretion of the Lender, to take any action and to execute any and all instruments . or documents that the Lender may deem reasonably necessary or advisable to accomplish the purposes of this Agreement. The rights and powers conferred on Lender by Pledgor are expressly declared to be coupled with an interest and shall be irrevocable until all the Obligations are paid and performed in full. Pledgor further agrees that a carbon, photographic or other reproduction of a security agreement or financing statement is sufficient as a financing statement under this Pledge Agreement. With respect to any Interests hereunder which are book entry or uncertificated securities, Pledgor authorizes Lender to cause the security interest therein to be noted on the books and records of the issuer thereof or other registrar therefor and to take such other actions as may be necessary to perfect Lender's security interest therein. Pledgor shall pay to Lender on demand all reasonable out -of- pocket fees, costs and expenses incurred by Lender in connection with the administration of this Pledge Agreement, including, without limitation, overnight courier fees, lien search fees, and filing and recording fees. -4- B0429603A :3 O� Il 11. Transfers. Pledgor shall not sell, assign, transfer or otherwise dispose of, grant any option with respect to, or pledge or grant any security interest in or otherwise encumber any of the Interests or any interest therein except as provided herein without the prior written consent of Lender. 12. Waivers. To the extent not prohibited by any applicable law that cannot be waived, the Pledgor hereby waives presentment, demand, notice, protest and, except as is otherwise provided herein, all other demands and notices in connection with this Pledge Agreement or the enforcement of Lender's rights hereunder or in connection with any of the Obligations or the Interests. The Pledgor further consents to and waives notice of the granting of renewals, any extension or postponement of the time for payment of any of the Obligations or any other indulgence, and the addition or release of the Interests or persons primarily or secondarily liable on any Obligations, the acceptance of partial payments on any of the Obligations or the Interests and/or the settlement or compromise thereof, No delay or omission on the part of Lender in exercising any right hereunder or under the Loan Agreement or under any other agreements, instruments or documents shall operate as a waiver of such right or of any other right hereunder. Any waiver of any such right on any one occasion shall not be construed as a bar to or waiver of any such right on any such future occasion. To the extent not prohibited by any applicable law that cannot be waived, Pledgor further waives any right it may have under the Constitution of the Commonwealth of Massachusetts or the Constitution of the United States, to notice (other than any requirement of notice provided herein) or to a judicial hearing prior to the exercise of any right or remedy provided by this Agreement to Lender and waives its rights, if any, to set aside or invalidate any sale duly consummated in accordance with the foregoing provisions hereof on the grounds (if such be the case) that the sale was consummated without a prior judicial hearing. PLEDGOR'S WAIVERS UNDER THIS SECTION HAVE BEEN MADE VOLUNTARILY, INTELLIGENTLY AND KNOWINGLY AND AFTER PLEDGOR HAS BEEN APPRISED AND COUNSELED BY ITS ATTORNEYS AS TO THE NATURE THEREOF AND ITS POSSIBLE ALTERNATIVE RIGHTS. 13. Termination: Assignment. This Pledge Agreement and the security interest in the Interests created hereby shall terminate when the Obligations have been paid and irrevocably discharged in full and any instruments, certificate or other documents related to the Interests that were delivered to the Lender shall be returned to the Pledgor. No waiver by Lender or by any other holder of the Obligations of any default shall be effective unless in writing nor operate as a waiver of any other default or of the same default on a future occasion. In the event of a sale or assignment by Lender of the Obligations held by it, Lender may assign or transfer its rights and interests under this Agreement in whole or in part to the purchaser or purchasers of such Obligations, whereupon such purchaser or purchasers shall become vested with all of the powers, rights and obligations of Lender hereunder, and Lender shall thereafter be forever released and fully discharged from any liability or responsibility thereafter arising hereunder with respect to the rights and interests so assigned 14. Reinstatement. The provisions of Section 13 hereof notwithstanding, this Pledge Agreement shall continue to be effective or be reinstated, as the case may be, if at any time any amount received by Lender in respect of the Interests is rescinded or must otherwise be restored or returned by Lender upon the insolvency, bankruptcy, dissolution, liquidation or reorganization of Pledgor or any Borrower, or upon the appointment of any intervenor or conservator of, or trustee or similar official for any of them or any substantial part of their properties, or otherwise, all as though such payments had not been made. 15. Governmental Approvals. Upon the exercise by Lender of any power, right, privilege or r, remedy pursuant to this Pledge Agreement which requires any consent, approval, registration, VX -5- B0429603v1 qualification or authorization of any governmental authority or instrumentality, Pledgor will execute and deliver, or will cause the execution and delivery of all applications, certificates, instruments and other documents and papers that Lender may be required to obtain for such governmental consent, approval, registration, qualification or authorization; provided that neither the Pledgor nor the Borrower shall be required to effect a public registration of all or part of the Interests pursuant to the Act or other similar state securities law. 16. Certain Definitions. Capitalized terms used herein without definition which are defined in the Loan Agreement shall have the respective meanings ascribed to them therein. 17. Notices. All notices, demands or other communication made in respect of this Agreement shall be made and deemed given if sent as set forth in Section 10.1 of the Loan Agreement. 18. Other Matters. This Pledge Agreement incorporates all discussions and negotiations between Pledgor and Lender concerning this Pledge Agreement. This Pledge Agreement shall inure to the benefit of and be binding upon Lender and Pledgor and their respective successors and assigns. No provision hereof may be altered, amended, waived, canceled or modified, except by a written instrument executed and acknowledged by a duly authorized officer of Lender. In case any provision in this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The section headings in this Agreement are for convenience of reference only and shall not be considered in construing this Pledge Agreement. This Pledge Agreement may be executed in counterparts and by the different parties hereto on separate counterparts, each of which shall be an original, but together shall constitute one instrument. 19. ' Governing Law: Jury Trial: Waivers of Service and Damages. THE VALIDITY, INTERPRETATION AND ENFORCEMENT OF THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE COMMONWEALTH OF MASSACHUSETTS, WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES. THE PLEDGOR AND THE LENDER EACH HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREUNDER THE PLEDGOR HEREBY IRREVOCABLY WANES PERSONAL SERVICE OF PROCESS AND CONSENTS TO SERVICE OF PROCESS BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED. IN NO EVENT WILL THE LENDER BE LIABLE FOR LOST PROFITS OR OTHER SPECIAL OR CONSEQUENTIAL DAMAGES. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK — SIGNATURES APPEAR ON FOLLOWING PAGE.] -6- B0429603A ai9 3 IN WITNESS WHEREOF, Pledgor and Lender have each executed this Stock Pledge Agreement as a sealed instrument as of the date first above written. Pledgor: Daniel P. Busa, Jr. TD BANKNORTH, N.A. By: Robert J. Eisenberg, Vice President -7- B0429603vI ~/c &Jf Ccomcast C - I V M OCT 1 I Ply 1= 17 4~~ October 6, 2005 Board of Selectmen Town of Reading 16 Lowell St. Reading, MA 01867 Dear Chairman and Members of the Board: Over the past year, there has been significant activity relative to competition in the cable industry. As you may be aware, Verizon is in the process of constructing its FIOS system in your community. According to several newspaper articles and other publications, it is our understanding that, at some point in the near future, Verizon may initiate negotiations to obtain a local License to operate a cable television system in your community. While Comcast operates in a highly competitive marketplace, today we believe that from a regulatory standpoint, competition thrives best when services are treated alike. As you may know, the Comcast Cable Television Renewal License addresses this issue directly. Specifically, the Non-Exclusivity Section of your License provides that any additional cable licenses shall not be on terms less burdensome or more favorable than the current Comcast license in your community. This language was contemplated and agreed to in the renewal process because there was recognition that there may be additional operators in your community providing similar services. Comcast believes that similar services should be subject to similar terms and conditions so that all parties are competing fairly with the same basic set of rules. Therefore, we are writing to advise you that Comcast will be reserving its rights under its Renewal License to exercise its rights under the terms included in the Renewal License, including those rights listed in the Non-Exclusivity section, with regard to level playing. field. Should you have any questions or concerns about the Non-Exclusivity section of the license described herein, please do not hesitate to contact me. Thank you for your attention to this matter. As always, we are committed to serving you with the best in cable service and products. Sincerely, V /Lli d'C.~.G Jane L Manager of Government and Community Relations q I. October ? 2005 r ne LWebb a~ El - r , r_ earl Street 867 ,01 -Read ing,7MA . r . . _ - ~ • :781:944 1817 elwsail4.l@comcast.net Lieutenant Governor Healy, State House Room 360 Boston, MA 02133, FAX 617 7279725 . i Phone: 617 725-1100 ea Re: Globe quotes 10/7/05, "State's first school targeting sobriety planned in a Boston", pg B.1 and B9 Lieutenant Governor Healy, 22 My name is Elaine L. Webb and I live in Reading, Mass. I am .a. member.of the Reading School Committee and a parent of four school age children.? The... Reading School Committee, the Superintendent, the Police Chief,, the. Board,.of Selectmen, several community organizations, and parents in Reading are: aggressively beginning to address the issues of drug abuse in ourschools and;; community.:: _ I have attached to this letter two articles from The Reading Advocate 10/6/2005, that highlight and summarize this effort. I am writing to you today because of a quote attributed to you that appeared on page B9 of the Globe, "It's an indictment of the current environment in our schools. On the other hand, this is a constructive step toward providing adrug- free environment for kids who can't afford to be around drugs. Perhaps I do not understand what you meant because I am appalled that anyone could think that any of our children in public schools can afford to be around drugs. The fact that drugs are there tells me that our schools, communities, legislators, and Governor's office have significant work to do to address this issue. We cannot simply "indict" our public schools. We need to collaborate and provide resources so communities can address this serious issue. We may need to seek changes to the laws so that the public schools can use tools like drug testing as a component of a plan to attain drug-free schools. Our public schools should be the place where students return to after intervention and treatment because our public schools must be intimidation-free and drug-free for all students. If we focused our resources on fixing the schools we have instead of building "recovery high schools" we would have schools where all children have the freedom to learn in a drug-free, intimidation-free environment. 1 I have attached the executive summary page of the Reading Public Schools District Improvement Plan for 2005 -2006 as well as the details for Target 1, "Within the next three years, Reading Public Schools will be a school community that has a respectful, healthy, safe, drug-free, intimidation-free, environment. " There is an important item (1 c.) on this list that we need assistance with, the School Resource Officer. We feel that this is a very important component in achieving this target and specifically the drug-free initiative. We have applied for the Federal Grants twice and at one point U.S. Senator Ted Kennedy supported our appeal, however we were not awarded the grant. Your expertise and priority on this important issue can provide the resources to put Reading on track to implement the School Resource Officer in 2006/2007; otherwise we will have to table this until the next fiscal year. 4ai ctfully, J V' L. Webb Copy to: Representative Brad Jones Representative Patrick Natale State Senator Richard R. Tisei Reading Public Schools Superintendent Pat Schettini Reading Town Manager Peter Hechenblikner 2 8° • Thursday, October 6, 2005 • THE READING ADVOCATE never be over F It9n his week marks the final story in the Reading Advocate's "Intervention" project, which has provided a look at underage substance abuse in town from a variety of dif- ferent angles. And although the series ends this week, it'll never really be over. As long as there have been dangerous substances, there has been substance abuse. It's always been a problem and it always will be. Sadly; it cannot be resolved with a vote, a press of a but- ton, or the wave of a magic wand. So what is a town full of worried parents to do? For us, it seems the question is not how to end substance abuse, but how to deal with it. In the past four weeks, we have heard frightening stories about teenagers harming themselves with drags and alcohol, but we've also heard a lot of hopeful stories, about new pro- grams and ideas presented by the town and its schools. The issue is at the forefront of the minds of Reading's edu- cators. This week, Superintendent Patrick Schettini told us all about various programs in the works, such as the School Dis- trict's "Wellness Wednesdays," and an emphasis on communi- cation with parents, as well as health and nutrition. Selectmen Tuesday night also agreed that something more must be done, and started planning a large scale meeting, called a "summit" by some members of the board and a edu- "forum" by others. This would parents and more, all to find board way o deal with cators, police, , p p the issue. So, with everyone talking about the issue, where will any of this lead? We don't know, but we do know that one major step in the right direction has been made: People are talking about it. Almost everyone we've interviewed for this project has warned against denial, and the dangers of thinking, "it could never happen in my home." Instead, an open discussion and awareness of the problem is just what the town needs, and it looks like its on the right path. If a high schooler has a drink- ing or drug problem, don't ignore or shun him or her. Instead, talk to him or her. Like to write? The Reading Advocate is ties. It is a fun and exciting C,d' Ci 16 T, 1RIN, 6- T 'W 7' 0 -A K ppng ee, % With the new schoo month old, I thought t good opportunity to school safety and health with school age children is currently considering make the dolis three years ago. Left, Juliann LeBlanc, 7, of Reading, picks out a clay figure for herself while at the fair. A 0- 12 V' . fi PS ds. hel' Isbion Of DCA%e Donation from Wal-Mart will go to purchase bed BY JOANNE SENDERS ing recently donated $500 to was determined to impro CORRESPONDENT the non-profit organization. the quality of life of childr Run by all volunteers, Mis- and mothers he saw, even Wal-Mart's recent deed sion of Deeds' is an organiza- affluent were sleeping an nities,o e will help Reading's Mission of lion that provides beds, ~ Deeds purchase beds. ture, linens and other house- ing on milk crates becai "Wal-Mart has been a gen- hold goods to needy individu- they could not afford to t erous donor in the past and als and families who live in beds and furniture. they support us every year in Middlesex and Essex counties. Mission of Deeds g! some way," said Mission of Mission of Deeds wasstart- have been refereed le so .Deeds volunteer Angela ed in 1993 by Anthony Watz Triglione, a businessman and service agencies such as sl .Wal-Mart of North Read- resident of Winchester who ters, elder care agencies r Ism r4 cauws tntni,,edu tam akoh,"A Some are frustrated, while others are at work at finding some kind of solution BY MAC MCENTIRE ago, when her children were in STAFF WRITER middle school. "We came because it was a There are two ways to good small town with an excel- explore the seriousness of sub- lent reputation for their school stance abuse in Reading. One is system," she said. "Wow, have with figures and statistics, and we been disappointed." dt her chil- another is from personal per- She explained spective, by those who have dren, now students at the high seen it with their own eyes, school, have described to her and whose lives have been an "extreme problem" with affected it. teens using alcohol and drugs. One Reading parent, who Excuses this parent said she asked not to be named for her has heard other parents children's privacy, described include saying it's a night of her perspective on the prob- passage, it's their first time, or lem, saying it is more wide- because they're teenagers and spread than some people real- that's what teenagers do. ize "Reading likes to sweep its She explained that her fam- dirty little secrets under the rug ily moved to town four years ® SEE SUBSTANCE, PA Btp d Steps made to resolve conflict between Histor Commission an Housing Author BY MAC MCENTII STAFF WRITER For months, two in town have been, i over the house at 75 P St., a historical buildi: ties to the Civil Wa Historical . Con): Wants to preserve the while the 1-lousing A' has a federal mandate the space into afi housing. At Tuesday night's Selectmen meeting, w rLo ed to add fc quired housin( VOCATE 1i,i4itiii.read it?.gadvocate.coi77 a pencil tight hampgene al, Adams said the com- d as nission she chairman approves of sizearid bulk of the house, aszwelll d she approves dows. eels proposal, the We'reonot°` the win about keep- eels the commis- ang Authority are Aing the dams said. b1House~ evolve and we afore. we've got some- understand that." 1 and effective Adams said the house has great value to the community as a histor- ie commission is ical building. The family who built restoration of the it, she said, were charter members of an anti-slavery organization in word `restoration' hedfirsttlof' in 1833, one of in the United said.' :)minission prefers States. e house. Adams "The people who lived there were !storation involves at the forefront of the abolitionist the original mate- movement," Adanns said. "They rst had when origi- were important people. They ted. Renovation, changed the country." is-the same look on Selectman Ben Tafoya, however, exterior, while also made a case for putting all six ive reuse for the affoI rdabl eally appr e late nitsyon historic restrictions butllet ththe ink it's time t move ahead an the house if put and Tafoya said. ins said the commis- what The boardd " then voted unani- ;er what she called ctions." mously to approve the proposal for units on the 1 SUBSTANCE, FROM PAGE 1 J !cause people don't want it to be aov\nn outside the community • r ghat is going on here," she said. "It 1 >ally outrages me because of the umbers and the risks being taken. School officials, however) dis- greed, rguing t11at programs are wing put in place to combat sub- Lance abuse at a variety of levels. "It's a really serious issue and Ne're serious about putting tools in place for prevention," said school Committee member Blaine Webb. School Superintendent Patrick Schettini said the schools are concen- trating on conununication with par- ents, with a series of regular "Wellness Wednesdays," serninars that deal with a variety of topics, such as sub- stance abuse, bullying, and even safe- ty issues regarding e-marls and instant messaging. One of these mee~~gs a year ago featured on author Who is an expert on substance abuse, who spoke to around 400 parents at Parker Middle School, Schettuni said. Nutrition is another key element to confronting substance abuse, • Each year, college students were fatally injured, 53 perceiIL restr. spend approxinnately $5.5 billion were Zi r2003,a21 percent of the ~chil- on alcohol- more than they spend es were on soft drinks, milk, juice, tea, cof- killed in motor vehiclel cdrashwho werc fee and books combined: r • More than 40.percent of indi- kill` d i the coho -rela edl4years OR ielate( viduals who start drinnking before the age of 13 will dependence elnat crashes rduringd 2003, 47olpercen some abuse or point al in n their lives. (209) were passengers in vehiclives. ~ . The highest prevalence of both with drivers who had been drinl binge and heavy drinking in 2000 in It is estimated that 446 chi was for young adults aged 18 to 25, with the peak rate occurring at age i sthen uit of under 1 restraint use in 200 20 lives o During 2003, 8,0$9 passer eyears nclnild r saaiiOts from 1975-200 old we occupants under 15 y.R Motor v hfc}e!crashes are t] old were involved in fatal crashes. th for child]:, For those children, ^'heTCeiet twere from iin~ c tus years of age. use was hrnown, 30 p tp (Source: MAD _~..a. .,,,-,,,,,Q fl-Inge. who lhcettini said. . ,If you're eating and exercising iglnt, your self esteem goes up, you have more energy, and you're less enticed to make poor decisions," he said. This parent also took others to task for parent-sponsored drinking, in which some parents allegedly let their kids drink at home. ,,Of* course the biggest people at fault for the growth and continua- tion of this are the parents who let their kids drink in their homes or basements so it can keep them off the streets," she, said. "The only thing they are doing is hurting then own child and the other teens and their families who may not have the saine beliefs." In an earlier interview with Read- ing Police Chief James Comhier, he said that although there have been rumors about this happening irh town, there have been rho arrests for it yet. He added that if police do catcin parents offering their children an alcoholic drink, then those par- ents will face the law. 11terventian: Substance abuse facts and fi9xes ^ aasant St. dates back to the Civil War. Although two town ver its future, there's now a plan that could save it. 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O) O ° co U c 'coo ° ° c - v > ° 3 a) m : m o m c ) a rn ° 40 .C en v Q_ a) > ca U) - am cu o C o cu a) ~ -o Z5 o E- ca) E c y c U) = a_ a) c o) o- rn o c n Q o a) E E cn cn a) -a En (D m -0 ` ' CD Q) a) a) ) m c a E M 0 is c ca E m o E o E c Z C7 cn a) W O en ca m • Cp O Cd fl C3 O E o N N O RS ^ aI U1 O O W N O7 on GARY S. BRACKETT ELAINE M. LUCAS JOAN E. LANGSAM M. YVONNE GONZALEZ* JAMES T. MASTERALEXIS STEVEN C. FLETCHER** ELLEN CALLAHAN DOUCETTE DONNA GORSHEL COHEN HEATHER C. WHITE *Also Admitted in CT **Also Admitted in ME and CO BRACKETT & LUCAS COUNSELORS AT LAW 19 CEDAR STREET WORCESTER, MASSACHUSETTS 01609 508-799-9739 Fax 508-799-9799 C WINCHESTER OFFICE 165 WASHINGTON STREET WINCHESTER, MASSACHUSETTS 01890 781-729-1500 Fax 781-729-5444 E-Mail:JeLangsam@Bracketd.ucas.com Please respond to the Winchester office October 6, 2005 Peter I. Hechenbleikner, Town Hall 16 Lowell Street Reading, MA. 01867 Town Manager Re: Storm water Enterprise Fund/Fees Dear Mr. Hechenbleikner: The Board of Selectmen requested at their September 27th meeting that I provide an opinion as to whether the assessment of fees to offset costs related to the storm water management system in the Town of Reading are valid fees or an invalid tax. My understanding of the program as proposed is that an enterprise fund will be established whereby fees assessed to property owners are deposited and used to defray costs directly related to the operation, maintenance and repair of the storm water management system. I have spoken with Jim Johnson at the Department of Revenue and he has confirmed that the establishment of an enterprise fund for this purpose is valid. I have requested a written opinion from him and am waiting for a response. The assessment of fees for the Storm Water Management system is based on the amount of impervious surface on a lot which directly correlates to the amount of runoff from the site. The more a property is developed and contains more impervious surface, the potential for contributing pollutants to the storm water system increases. It appears the intent of the Town is to assess fees to single and two-family homes at a flat rate based on the average impervious surface on such properties. Multi-family, industrial and commercial properties will be charged based on the actual total impervious area of the lot upon which they are situated, except that the q I fee charged for multi-family properties will not exceed the assessment for a single-family house on a per unit basis. If a property is undeveloped it will not be assessed a storm water fee. Properties that install infiltration systems or other means to reduce runoff will be eligible for an abatement of up to 50% of their total assessment. All funds will be deposited in the enterprise fund and will not be revenue generating but will be used to offset costs relating to the storm water management system. To determine whether a government exaction is a fee or a tax three factors must be considered: "(1) a fee is a charge in exchange for a governmental service that benefits the party paying the fee in a manner not shared by other members of society; (2) a fee is paid by choice, in that the fee payer has the option of not utilizing the governmental service and thereby avoiding the charge; and (3) the charge is collected not to raise revenues but to compensate the governmental entity providing the service." Emerson College v. Boston, 391 Mass. 415 at 424- 425(1984). Fees are justified if the services for which they are imposed are to a limited group rather than the general public. The storm water management fees are related to those individuals whose property contains impervious surface and therefore generate runoff into the system. Undeveloped properties will not be assessed a fee. In order to be considered an appropriately assessed fee, the individual paying must receive a benefit. As it appears that only properties with impervious surface are being charged a fee, the fee under the first Emerson test would be deemed to be valid as only those individuals who are receiving a benefit from the storm water system would be paying. The second factor is whether an individual can opt out of payment by not utilizing the service. It has been held that the determination as to whether the use of the service is truly optional is not necessarily determinative of whether a charge is a fee or a tax. See, Morton v. Hanover, 43 Mass. App. Ct. 197 (1997). Arguably, if the fee is being based on the average amount of impervious surface, the landowner does have the option of removing the impervious surface and not using the Town's storm water system. The third and final factor under Emerson is whether the purpose of the fees is to raise general revenue. I think that clearly neither the purpose of the fee nor the intent of the Town of Reading to assess the storm water management fees is to collect funds for the general account of the Town. The establishment of an enterprise fund provides that the fees will not be used as general revenue but simply to offset and pay for costs directly related to the provision of storm water management. Therefore, considering all the factors and purposes in establishing the fee it is my opinion that if property owners can reasonable opt out of receiving the services and only those property owners who contribute to the storm water runoff are assessed a fee, the imposition of the storm water management charge is a valid fee and not a tax. Please be advised, that this opinion may be challenged and that as there is no caselaw in Massachusetts on this subject a court of competent jurisdiction may disagree with my opinion q C/ z Commonwealth of Massafijets5 pt9 12. `I7 OFFICE FOR COMMONWEALTH DEVELOPMENT Mitt Romney, Governor ♦ Kerry Healey, Lt. Governor ♦ Douglas 1. Foy. Secretary September 30, 2005 Dear Local Official: Enclosed please find a copy of the Massachusetts Smart Growth Toolkit. This resource has been developed by the Executive Office of Environmental Affairs (EOEA) on behalf of the agencies of the Office for Commonwealth Development to offer support and inspiration to aid our local partners in making the land use decisions that will steer development for decades to come. Tax incentives, zoning, and other local regulations play a critical role in determining housing affordability, promoting economic development, meeting transportation needs, and in protecting community character and valuable natural resources. The twelve techniques presented in the Toolkit can be applied locally to increase the tax base, promote economic development, and conserve land and water. Housing techniques can add to the diversity and affordability of homes so all residents, generations, and types of workers can find a place to live. A number of the techniques reinforce investment in areas that are already served by infrastructure-contributing to more vibrant town centers and limiting the need to extend costly services to outlying areas. The 12 smart growth techniques are: Agriculture Preservation Accessory Dwelling Units i rownfields Reuss: Chapter 40R District Improvement /Tax Increment Financing Inclusionary Zoning Low Impact Development Open Space Residential Design Traditional Neighborhood Development Transfer of Development Rights Transit Oriented Development Water Resources There are slide shows, brochures, case studies, and model bylaws for each of the techniques. The case studies feature successful examples of these techniques in action, mostly right here in Massachusetts and they range from urban to suburban to rural settings. The model bylaws provide in one location the source materials communities need, as well as guidance on how to customize the model provided to local circumstances. Please note that assistance is available from non-profit organizations, regional planning agencies, and the state (for example EOEA's Smart Growth Technical Assistance Program) to aid in the adaptation of these models to local conditions. Staff from our agencies and partner organizations will be traveling across the state to introduce the Toolkit, and subsequently to offer educational sessions on each of the techniques. Please look for a schedule of upcoming events, and additional copies of the Toolkit, on agency websites as well as on the Office for Commonwealth Development website at www.mass.gov/ocd. We believe that you will find the Toolkit valuable as you work to ensure a livable and prosperous tomorrow. Sincerely, .~5 7 Douglas I. Foy, Secretary Jane Gumble, Director Office for Commonwealth Development Department of Housing and Community Development q- ( John Cogliano, Secretary Executive Office of Transportation S~9 V k; 4 Stephen R. Pritchard, Secretary Executive Office of Environmental Affairs q ~1' b I c9-0 Hechenblefter, Peter From: Frey, Bob (MHD) [Bob.Frey@state.ma.us] Sent: Tuesday, October 11, 200511:37 AM To: Corey, John; Marquis, Rick; Schubert, Rick; Anthony, Camille; Barnes, Jonathan; Bruen, Darlene; Casey, Paul; Clarke, Dennis; Curran, John; DiBlasi, Joe; Durrant, Ian; Everson, Jeff; Festa, Mike; Gallagher, Jim; Gallerani, Michael; Grover, Robert; Hamblin, Eileen; Havern, Robert; Jones, Bradley; Katsoufis, George; Kennedy, Anthony; Kinsman, Art; Leiner, Craig; Meaney, Paul; Medeiros, Paul; Molter, Andrew; Natale, Patrick; Rogers, Maureen A.; Smith, Susan; Sodano, Paul; Stinson, Richard; Sullivan, Dan; Tarallo, Ed; Tisei, Richard; Webster, Bill; Woelfel, Steve Cc: Blaustein, Joan; Burggraff, Mary; Callan, Melissa; Christello, Tricia; Cooke, Don; DiZoglio, Dennis; Draisen, Mark; Dwyer, Margaret; Edwards, Adriel; Florino, Ron; Frey, Bob; Grzegorzewski, Josh; Town Manager; Lindstrom, Mike; Lucas, Barbara; Lutz, Elaine; McKinnon, Anne; Mcvann, John; Miller, Kenneth; O'Rourke, Carmen; Purdy, Jim; Reilly, Chris; Schwartz, Bill; Stein, Kathy; Tafoya, Ben; Van Magness, Frederick; Wood, Gail Subject: 93/95 ITF mtg in Stoneham on 10/19 K DSC CSC TDM 2005 09-28.doc Greetings Task Force Members: The next meeting of the I-93/I-95 Interchange Task Force will be: Wednesday, October 19, 2005 4:30 PM - 6:30 PM Banquet Room (basement level) Stoneham Town Hall 35 Central Street Stoneham, MA 02180 Directions if you need them: From I-93, take Exit 36 (Montvale Ave.) into Stoneham. Travel about 1,~ mile+ on Montvale, then turn RIGHT onto Main Street (Route 28 South), then an immediate LEFT onto Pleasant. Take next RIGHT onto Central. Town Hall is a few blocks down on the left. The summary from the most recent subcommittee meeting is attached. An agenda for the 19th will be sent within the next few days. «DSC CSC TDM 2005 09-28.doc>> See you next Wednesday the 19th in Stoneham. 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 qbl V I-93/1-95 Interchange Transportation Study Combined Data / Congestion / TDM Subcommittee Meeting Wednesday, September 28, 2005 4:30 PM Stoneham Town Hall Stoneham, Massachusetts Attendance Subcommittee Members: Ian Durrant MassRIDES Jim Gallagher Metropolitan Area Planning Council (MAPC) Eileen Hamblin Eastern Middlesex Association of Realtors George Katsoufis Reading Citizen Anthony Kennedy Stoneham Selectman Paul Medeiros Woburn City Council Ed Tarallo Woburn Planning Director Bill Webster THAG Steve Woelfel MBTA EOT/MassHighway staff: Adriel Edwards Planning Bob Frey Manager of Statewide Planning, Study Project Manager Consultant team: Huma Daha Louis Berger Group Sudhir Murthy Traflnfo Jim Purdy Louis Berger Group (Project Manager) Tom Stokes Howard/Stein-Hudson Jim Wensley TranSystems Meetinil Summary Welcome and Introductions Bob Frey welcomed everyone to the combined meeting of the Data, Congestion and TDM Subcommittees and thanked Stoneham for hosting. Bob said today's meeting would cover topics relevant to each subcommittee. The topics (in slightly rearranged order) would be as listed in the rough agenda e-mailed to subcommittee members prior to the meeting: • Ramp Congestion versus Mainline Congestion: CORSIM Demonstration • TDM Options for Anderson RTC • Annual Historical Crash Rate Findings (cloverleaf interchanges) • Potential Approaches to Developing Alternatives • Discussion of schedule issues Office of Transportation Planning Page 1 of 9 Printed: 10/11/2005 I-93/1-95 ITF Data/Congestion/TDM Subcommittees Meeting of September 28, 2005 Bob gave the group an update on the work being done by the Central Transportation Planning Staff (CTPS) on congestion. Due to the demands of other projects, CTPS is still working on the travel demand model, but the base volume information will be ready for Sudhir in the next few weeks. Then, recalling the request from a previous meeting that the speed data analysis be extended beyond the local focus area and south as far as Waltham, Bob informed attendees that CTPS is conducting more travel time runs at this time to augment the existing data. Although there is data available, the sample sizes are not large enough to make accurate assessments of average speeds. Bob then invited Sudhir to review the congestion analysis presented at the last Congestion subcommittee meeting (May 5, 2005) for the benefit of those who were not there before sharing the new information. CORSIM Demonstration Sudhir explained that he has completed some new runs that shed some light on the issue of mainline versus ramp congestion. He started with some background information on the microsimulation model. He displayed a graphic of all the "links" contained in the model, which represent the distinct roadway segments, including ramps and some local streets, in the area of the interchange. He pointed out that major arterials are included, as are the two interchanges east and west of the interchange. Signalized and unsignalized intersections are included along with the corresponding turning movements, which were collected last fall. Elaborating on the level of detail in the model, he displayed the kinds of information stored for each link. The speed limit, roadway function, the number and types of lanes are all examples of information stored. The model also accounts for driver behavior in a number of ways. For example, if a particular highway link is near an off-ramp, it can be specified how far back from that ramp that exiting drivers would begin weaving movements. Sudhir went on to explain that after all the data is loaded into the system, and the information regarding each highway and roadway link is specified, the next task is to calibrate the model. Calibration entails comparing model results to actual travel times and travel speeds to see how well they match. Since the goal is to mirror the model's results to actual travel times and speeds, the model is tuned and tested iteratively until the calibration comes within an acceptable margin of error. Sudhir explained that after a certain point, it would take substantial effort to make limited gains in reducing the margin of error even lower. Sudhir then showed some tables that displayed how well the model is calibrated based on a number of measures. He showed comparisons of actual versus modeled volumes in the morning peak hour of 7 to 8 AM, and in the evening peak hour of 5 to 6 PM. For all the freeway links combined, the modeled volumes snatch actual volumes within about 3%. For the ramps, the margin of error is about 4% in the AM and about 7% in the PM. Bob Frey noted that this is well within the acceptable error range for a model. Sudhir then showed a table of the modeled traffic density, expressed in vehicles per lane per mile, during the AM peak hour. Jim Gallagher asked how well those numbers match the level of service (LOS) from CTPS. Sudhir replied that CTPS had not done a LOS analysis, just speed runs. Jim asked if the speed runs were comparable. Sudhir replied in the affirmative. Then Sudhir moved onto travel speeds by lane, showing tables that highlighted the difference in speeds between the left hand (high-speed or through-traffic) lanes and the right hand lanes. He pointed out a few locations where the speed differential is great, which indicates a safety issue. Office of Transportation Planning Page 2 of 9 Printed: 10/11/2005 q t 3' I-93/1-95 ITF Data/Congestion/TDM Subcommittees Meeting of September 28, 2005 Sudhir said that, in general, there are two types of output for the microsimulation model: traffic operations statistics and vehicle animation. He then initiated the animation, showing how a vehicle queue starts in the northeast quadrant loop ramp, and cascades to other areas of the interchange. Sudhir explained that events occurring outside of this modeled area are not reflected in the simulation (since there are no links to represent these areas). For example, an accident at Route 3 is not reflected in the model results, whereas the CTPS travel time runs will include downstream effects. There was some confusion about what "downstream" effects would be reflected in the model and what would not be in the model. Sudhir clarified that any downstream effects outside of the modeled area would not be reflected here, but that the model does include several other surrounding interchanges (e.g., Rte 38/128, Rte 129/128, Rte 129/I93). Ed Tarallo asked Sudhir to expand the view again so subcommittee members could see all the interchanges that are included in the microsimulation model. Jim Purdy pointed out that the model shows the mainline moving relatively well, while the ramps still back up. This demonstrates that the problem with the ramp is internal to its design and the weave area into which it empties, and this is occurring independent of conditions on the mainline. George Katsoufis cautioned the team, saying that incidents play a larger role than is depicted here. He stressed that we are looking at a theoretical model that is useful as a tool, but should not be taken as an absolute representation of reality. Sudhir said that the model is especially useful as a tool to assess the effectiveness of various alternatives and that the simulation is quite close to reality. Jim and Bob Frey asked Sudhir to confirm that one of his points is that the interchange is negatively affected by the design of the ramps. Sudhir confirmed this. Jim added that the cascading effect negatively impacts other areas of the interchange. Sudhir zoomed in on the animation, which showed the interactions of vehicles merging and weaving, braking actions, and the build-up of queues. Bob said the larger question before the group is whether this animation provides sufficient evidence that much of the congestion is caused by ramps and not just the volumes on the mainlines. George felt that until we can compare the relationship of ramp LOS and mainline LOS in (1) the theoretical model, and (2) the CTPS travel time runs, we could not confirm that for sure. George then asked if the animation represented a no-incident day. He asked how often does it happen that there are no incidents? He stressed that this will be a question members of the public will ask (Editor's note: "Incidents" here refer to any event (not just an accident) that could cause a traffic slowdown, and often send "shockwaves" of additional, sometimes prolonged delays throughout the system. Other examples include of incidents include construction, road debris, and police activity). In response to George's question, Jim Purdy cited a website where a commuter mined data off of SmarTraveler to get average travel times by route, and this process incorporated daily incidents. Jim said the results were relatively stable travel times with low standard deviations. He felt this indicates that we often remember the worst days of travel, but in general, even if travel speeds are slow, overall travel times are stable. Sudhir stressed that an advantage to the simulation model is that it allows one to focus on the operations of the interchange while keeping external effects constant. Bob expanded on that, asking subcommittee members: given that the model is representing an ideal day with no adverse weather conditions or incidents, and even so, the cascading effects of the ramps still negatively Office of Transportation Planning Page 3 of 9 Printed: 10/11/2005 4 16 I-93/1-95 ITF Data/Congestion/TDM Subcommittees Meeting of September 28, 2005 impact through traffic, how do people feel about showing this to the public as supporting evidence? Tom Stokes said he thinks people will identify with what is occurring. He hoped that credibility could be built if we are clear that incidents are not included here (as incidents would make traffic even worse). He added that incidents are often due to poor geometry anyway. At Jim Purdy's request, Sudhir explained how he could test the effect of an incident on a new design. He explained that he could temporarily disable one of the mainline lanes and see if, based on a new ramp configuration, that through traffic proceeds better than it does under the existing configuration. Eileen Hamblin asked why would we need to concern ourselves with an incident outside of the study area, since we are focusing on fixing problems within the study area anyway. Bill Webster said the perception of the public is that there is always an incident. Paul Medeiros echoed this concern. He theorized that because of the frequency of incidents outside of the interchange area, improvements might be muffled. Paul asked how we could demonstrate to the public an idea that a new interchange will make a difference? George turned back to Bob's question. He said that the animation is useful, but that we need to address the problem from a variety of levels. He cited the Governor's Smart Growth initiatives, and said that an understanding of the effects of other factors is begiiuiing to take root. He stressed the issue of more people driving more frequently and not using public transportation, for example, as something that must be conveyed clearly to the public. Bob agreed that the study is about tying all these issues together and understanding the relationships between them. Ed Tarallo asked Sudhir to run the animation again of the loop problem in the northeast quadrant. He noted that it looked like it was a merge problem in that vicinity that caused the traffic to back up into the ramp. He asked rhetorically if we needed a glamorous, huge solution to fix this one problem? He then stressed that we need to look at solutions incrementally. He asked that we find out if eliminating that one problem would rectify the other issues at the interchange. He reminded the team that the solutions proposed in the previous study were too far-reaching. He requested that we start small, and if we did, maybe we wouldn't have to implement a larger solution. He went on to say that it would reassure people who are afraid of what the solution may look like if we were to focus on one problem at a time. He felt that the public consensus would be greater if we took that approach. Jim Purdy agreed with the concept that a modest solution may have a large positive impact. Ed said that it would be impossible to design to such a level that all accidents would be eliminated. Tony asked what the agenda would look like for the public meeting. He said it would be important to augment the presentation of the animation with a thorough interpretation of its results. Tom envisioned a presentation that would guide the audience through the explanation of the calibration, the analysis of the animation, and then to the development of the alternatives. Tony agreed that if the interpretation were thorough and clear, that credibility would build. Ed Tarallo said that the model effectively shows the domino effect, and that people may not be aware of the cascading effect. They will learn this and understand how the problem evolves. He added that we should then say that we want to fix that main problem. Eileen complimented the group on their thoughtful comments. She asked about the credentials of the CORSIM program and said we should be prepared to answer that at the public meeting. People may want to know if this is a unique tool to Massachusetts or if it used across the country. (Editor's note: CORSIM was originally developed by FHWA but is now maintained by a private company in close coordination with FHWA, and it is used widely across the United States.) Office of Transportation Planning Page 4 of 9 Printed: 10/11/2005 s I-93/1-95 ITF Data/Congestion/TDM Subcommittees Meeting of September 28, 2005 George asked if, after multiple runs of the program, if the problem starts at the same place every time - whether day or evening. Sudhir responded that the problem always starts at the same place in the morning but in the evening, the results varied. Jim Purdy and Ed Tarallo offered ways more evidence could be shown to the public. Jiro suggested showing the slides from the video of the morning rush. Ed Tarallo said time-lapse photography would also provide evidence. TDM Options for Anderson Regional Transportation Center (ARTC) Bob introduced the discussion by saying that we would start with some general information about TDM and then discuss the specifics of ARTC. Jim Purdy distributed handouts entitled, "TDM Strategies for I-93/I-95 Interchange Area" and "Advancing Transit and TDM". He said that what the team tried to do was pick up from the last TDM meeting and group the ideas into categories. Jim Purdy introduced Jiro Wensley from TranSystems, and asked him to review the TDM Strategies document. Mr. Wensley said the ideas focus on the near- and mid-term. He reviewed the ideas collected here which included transit improvements such as additional shuttle routes to and from ARTC and marketing of the commuter rail from ARTC; ridesharing, including priority parking for carpoolers; employer support for alternative modes, such as parking cash-out for transit and ride-sharing; work trip reduction, such as compressed work weeks; use of information technology, including variable message signs (VMS); and TDM program management, including increasing the role of the Route 128 Business Council. Jim Purdy said that many of the things Mr. Wensley listed would take a while to take effect. Jim Purdy then asked attendees to turn their attention to the "Advancing Transit and TDM" document, which listed some potentially immediate action items. He recalled that TDM subcommittee members expressed interest in making some progress on certain action items immediately and not waiting until the end of the study, and part of this outline refers to that effort. For example, the team hopes to advertise the study's website on VMS in the area of the interchange. Once at the website, the visitor will be directed to a number of resources where they can learn about alternative commuting methods. The hope is two-fold: first, that visitors to the website may ultimately be encouraged to try alternative modes; and secondly, that VMS advertising of the website would inform more people about the study and hopefully get them involved and supportive of the process. Bob Frey concurred with Jim that we don't need to wait until the end of the study to get going on some of the TDM solutions of which everyone is in favor. He added that he hopes this will build goodwill with the public, by showing that the team is serious about considering all types of alternatives to improve the interchange area. Eileen Hamblin added that these action items are all low-impact as well. Bob agreed and invited Steve Woelfel to discuss the MBTA initiatives. Steve said that although providing real-time information on the VMS. boards is about one and a half years off, there are some things that can be done right now to promote the ARTC. For example, a message can be posted that says parking is available and trains leave the station approximately every twenty minutes during the morning commuting hours. He added that the General Manager, Daniel Grabauskas, is fully supportive of this. The MBTA is currently working out the logistics with MassHighway and hopes to have something posted within the next month or two. Bob explained that there are some limitations with VMS, because their primary purpose is to enhance safety and alert motorists to incidents, construction activity, and other Office of Transportation Planning Page 5 of 9 Printed: 10/11/2005 1+ I-93/1-95 ITF Data/Congestion/TDM Subcommittees Meeting of September 28, 2005 important highway operations information. Sometimes messages that are confusing or contain too many words can cause slowdowns, creating more problems than the message is worth. Bob described the two types of message signs: the overhead signs that are permanent and have 15 characters across and three lines, and the portable signs that have 8 characters across, three lines and allow for two screens. As Jim Purdy indicated earlier, there are two goals for the use of VMS: 1) To advertise the project website, and 2) To get more people to use the ARTC. Bob added that we would have more flexibility regarding goal (2) than (1) because of the constraints on VMS as listed above. He added that it would not be possible to advertise information about the Orange Line Wellington Station in the vicinity of ARTC because the information a motorist would read at ARTC would likely no longer be current by the time one got in the vicinity of the Orange Line. It would be difficult to post information and accurately handle this time lag. Steve agreed. Bob said we should focus instead on what we can do in the meantime. Of a total of over 1,400 spaces at ARTC, approximately 1,000 are free every day. There are some issues regarding the painted numbers on some of the spaces. Bob showed a photo of a sign with instructions for commuter rail customers that tended to discourage Park & Ride customers. Bob explained that technically, a portion of the lot is for Park & Ride, but because of this message, no one will park there because they are afraid they will get towed. Steve agreed that there are some management issues that need to be worked out, but reiterated that the MBTA is committed to getting more people to park at the station. Steve continued, saying the MBTA is also very supportive of the Route 128 Business Council's new MetroNorth shuttle service. The MBTA has coordinated with the Council's Executive Director Caroline Connor, and is planning to drop schedules of the new shuttle service on the seats of the Lowell commuter rail line. Jim Wensley added that Caroline is doing a lot of outreach at area businesses to promote the service. Paul Medeiros added that at the request of M&L, the operator of the service, the City of Wobum would assist their efforts to promote their service. George Katsoufis added that Reading is interested in the service as well. Paul Medeiros then asked Steve about the MBTA parking lot in West Medford. Paul felt that because the parking at this station is free, commuters will travel down to West Medford to take get into the city rather than chose a local service where they have to pay for parking. He asked why the MBTA is not charging for parking in West Medford. Steve said that the lot might be a town lot or private property because the MBTA charges for parking at all its stations. Bill Webster suggested that the study website be promoted before or after traffic reports on the radio. There was strong approval for this idea. Ian Durrant described the type of information provided through MassRIDES' 1-888-COMMUTE number. Among other things, MassRIDES will assist commuters with MBTA information. George Katsoufis said that although it is encouraging that we are working to get more Boston commuters to use public transportation, that for this interchange the big problem are the circumferential route travelers. He stressed that we need to look at mid- and long-term solutions to the traffic on Route 128 for those commuters whose final destination is somewhere along Route 128. Eileen voiced support for the current effort, saying even a 1 % or 2% reduction in drivers would be a positive. George said that traffic would increase over time as demand grows. Tony Kennedy pointed out that there is no train that goes to Stoneham and only one bus from Stoneham that goes to the Oak Grove station in Office of Transportation Planning Page 6 of 9 Printed: 10/11/2005 ,~i - I-93/1-95 ITF Data/Congestion/TDM Subcommittees Meeting of September 28, 2005 Medford. The last bus leaves Oak Grove at 5:40PM, making it difficult to rely on the bus to get home. Jim Wensley agreed with George that we should focus some effort on the traffic on Route 128. He supports the idea of promoting the Route 128 shuttle as much as possible. Ed Tarallo echoed this concern, saying the northeast quadrant loop, the one that starts the cascading effect of queues throughout the interchange, is used by people coming from the south and heading west, such as from Stoneham to Burlington. Jim Purdy offered some ideas for the VMS signs and then Bob turned the discussion to the next agenda item. Annual Historical Crash Rate Findings Bob Frey reminded attendees that at the previous congestion subcommittee meeting, subcommittee members agreed to have the crash rates calculated for each year, from 1997 to 2001. Previously, they were calculated for two periods of three years each, 1997 -1999 and 1999 - 2001. Crash rates are typically averaged over a period of years because of the variability year to year. However, looking at the data in this way seemed to indicate a downward trend, which cannot be confirmed at this time. So, it was thought that looking at the crash rate for each individual year, by highlighting the variability year to year, would show that in fact there is not a downward trend. Bob explained that CTPS calculated the crash rate for seven major cloverleaf interchanges in eastern Massachusetts for each individual year 1997 to 2001. The results showed the variability of the crash rates year to year, but still showed a slight downward trend for the I- 93/I-95 interchange. Nonetheless, the I-93/I-95 interchange has a much higher crash rate than any of the other interchanges, even in the year when the crash rate was the lowest. Bob asked for subcommittee members' thoughts on this presentation. Eileen Hamblin said her reaction to seeing this information is that the accident rate is dropping, so there must not be a reason to work on the interchange. She added that she understands this is not the case, but explained that that is how some people may interpret the data. Tony Kennedy pointed out that the public will also see congestion data and this accident data is only part of the picture. Eileen explained that it is difficult to decide whether a particular piece of information should be shown to the public or not when all the information that would be shown is not collected together. She suggested the presentation for the public be prepared and then the subcommittee could make some recommendations about what items would best illustrate the problems. Ed Tarallo pointed out that another issue with this information is that the latest we have is already four years old. Bob reminded attendees that he had prepared this information at the request of the subcommittee. Ed Tarallo said that the crash data should be shown with another illustration. There were nods of agreement around the room. Ed elaborated, saying that although the crash rate at the I-93/I-95 interchange exceeds all the others, that fact is not necessarily the message that one would get from this particular graphic. He suggested that only the most recent information be shown. Some discussion ensued about the Saturday meeting when the data was misconstrued. There was general agreement that that situation should be avoided in the future by presenting the information in a clear and open way. George Katsoufis voiced support for the graphic and added that we should follow it with the picture of the I-495 interchange to show the difference between the interchanges. Adriel Edwards reminded George that some Task Force and audience members drew the incorrect conclusion that the aim with showing that picture was to show that we must create a new 0 ffice of Transportation Planning Page 7 of 9 Printed: 10/11/2005 4 I-93/1-95 ITF Data/Congestion/TDM Subcommittees Meeting of September 28, 2005 interchange in the I-93/I-95 area that matches the size of that one. Jim Purdy asked Bob Frey if MassHighway had completed the 2002 and 2003 crash rates yet. Bob replied not quite yet. Tony Kennedy stressed that the congestion data be shown before the accident data. He felt that most of the public could identify with the congestion issues at the interchange, even if they had not experienced an accident. Bill Webster and Bob agreed. Bob said that the team would work on clarifying the crash rate diagram for the year 2001 as Ed had suggested and add it to the folder which is being prepared for the public meeting. Eileen Hamblin suggested that no public meeting be scheduled until at least some solutions are developed and ready to be shared. Bill Webster did not agree with this approach. Bob Frey explained the typical content of the three public meetings. He said usually the first public meeting introduces the study to the public and outlines the problem. The second public meeting goes over the alternatives in detail, and solicits ideas and feedback from the public. No conclusions are drawn at this time. Comments and concerns are collected and worked into the set of solutions. The third public meeting reviews the results of working the public's concerns and comments into the package of solution. It is the final public meeting before the final report is released. George reminded attendees that the first meeting should include an overview of the goals of the study. Bob strongly agreed with this statement, and added that the evaluation criteria are reviewed as well. Eileen questioned why a citizen would attend the first meeting - perhaps only concerned property owners would be interested. Bob agreed that it is difficult to get citizens interested in the first meeting, but suggested some concerned commuters may also attend the meeting. Jim Purdy suggested that the first meeting give attendees some taste for the direction of the study - on which areas the alternatives may concentrate, for example - because otherwise people leave the meeting unsatisfied having just heard the analysis but no indication of next steps. Ed Tarallo reiterated his earlier point that the alternatives should concentrate on just one problem area of the interchange at a time. He thought this would be worthwhile to share with attendees at the first meeting. He also noted that the schedule included some work on alternatives before the first public meeting. He said that it would be difficult not to talk about these alternatives at the first public meeting if they had been developed in a previous meeting. Jim Purdy requested more feedback on the schedule from all Task Force members. Potential Approaches to Developing Concepts Jim Purdy asked attendees to turn their attention to the matrix, which outlined various solutions conceptually, loosely linking them to problems and constrained areas. He suggested the concepts be developed into alternatives by discussing them and allowing the engineers to draw what Task Force members request. Ed Tarallo said he completely disagrees with that method because it leads to solutions that are too expansive. He again stressed his point that the development of alternatives concentrates on finding the simplest solution to the most pressing problem - the northeast quadrant ramp. He added that if addressing that one problem does not do enough to rectify the problems at the interchange, then other things could be looked at. He said that each potential solution must be justified to the public. Bob Frey strongly agreed that solutions must apply to specific problems, but reminded Ed that there are more problems at the interchange besides the one ramp. Bob added that Ed's suggested approach would negatively impact the schedule, and that in reality, many issues must be considered simultaneously. He Office of Transportation Planning Page 8 of 9 Printed: 10/11/2005 q .~q I-93/1-95 ITF Data/Congestion/TDM Subcommittees Meeting of September 28, 2005 pointed out that some Task Force members are eager for the consultant team to develop comprehensive solutions for ITF review. He assured subcommittee members that the team would work to find a compromise approach between those that are looking for an all- encompassing set of solutions versus those advocating incremental, more minimal changes. George Katsoufis felt that before any potential solution is adopted, it must be examined for fatal flaws. He listed three issues that the Reading component of the ITF has considered to be fatal flaws: 1) lack of significant accident and congestion reduction, 2) lack of reduced traffic on local roads and 3) lack of comprehensive analysis of transit options. Bob thanked everyone for their input. The meeting concluded at 6:45 PM. Office of Transportation Planning Page 9 of 9 Printed: 10/11/2005 ~Q~o. Page 1 of 1 V(C Hechenblefter, Peter From: agchabane [agchabane@mindspring.com] Sent: Tuesday, October 11, 2005 11:11 AM To: Town Manager Subject: Thank you from Ann and Sidney Chabane Dear Peter: We wish to thank you and the Selectmen for including the topic of our road on your agenda tonight. We will be in touch with you with the names of the representatives from our neighborhood (Original Sanborn Lane). Best regards, Ann and Sidney Chabane 106 Sanborn Lane 10/12/2005 (C qc~ Hechenbleikner, Peter From: bruen-n-bruen [bruen-n-bruen@comcast.net] Sent: Wednesday, October 12, 2005 10:36 AM To: Frey, Bob (MHD); Corey, John; Marquis, Rick; Schubert, Rick; Anthony, Camille; Barnes, Jonathan; Casey, Paul; Clarke, Dennis; Curran, John; DiBlasi, Joe; Durrant, Ian; Everson, Jeff; Festa, Mike; Gallagher, Jim; Gallerani, Michael; Grover, Robert; Hamblin, Eileen; Havern, Robert; Jones, Bradley; Katsoufis, George; Kennedy, Anthony; Kinsman, Art; Leiner, Craig; Meaney, Paul; Medeiros, Paul; Motter, Andrew; Natale, Patrick; Rogers, Maureen A.; Smith, Susan; Sodano, Paul; Stinson, Richard; Sullivan, Dan; Tarallo, Ed; Tisei, Richard; Webster, Bill; Woelfel, Steve Cc: Blaustein, Joan; Burggraff, Mary; Callan, Melissa; Christello, Tricia; Cooke, Don; DiZoglio, Dennis; Draisen, Mark; Dwyer, Margaret; Edwards, Adriel; Florino, Ron; Grzegorzewski, Josh; Town Manager; Lindstrom, Mike; Lucas, Barbara; Lutz, Elaine; McKinnon, Anne; Mcvann, John; Miller, Kenneth; O'Rourke, Carmen; Purdy, Jim; Reilly, Chris; Schwartz, Bill; Stein, Kathy; Tafoya, Ben; Van Magness, Frederick; Wood, Gail Subject: RE: 93/95 ITF mtg in Stoneham on 10/19 Dear Bob and Task Force Members: I have read the attached meeting minutes and I am deeply concerned at the suggestion that information in any form be held back from the public. This is exactly the kind of behavior that the public is leary of and it is appalling to me that it would even be considered. I am hopeful we will discuss this issue in greater detail on October 19th. Thank you for your time. Darlene Bruen -----Original Message----- From: Frey, Bob (MHD) [mailto:Bob.Frey@state.ma.us] Sent: Tuesday, October 11, 2005 11:37 AM To: Corey, John; Marquis, Rick; Schubert, Rick; Anthony, Camille; Barnes, Jonathan; Bruen, Darlene; Casey, Paul; Clarke, Dennis; Curran, John; DiBlasi, Joe; Durrant, Ian; Everson, Jeff; Festa, Mike; Gallagher, Jim; Gallerani, Michael; Grover, Robert; Hamblin, Eileen; Havern, Robert; Jones, Bradley; Katsoufis, George; Kennedy, Anthony; Kinsman, Art; Leiner, Craig; Meaney, Paul; Medeiros, Paul; Motter, Andrew; Natale, Patrick; Rogers, Maureen A.; Smith, Susan; Sodano, Paul; Stinson, Richard; Sullivan, Dan; Tarallo, Ed; Tisei, Richard; Webster, Bill; Woelfel, Steve Cc: Blaustein, Joan; Burggraff, Mary; Callan, Melissa; Christello, Tricia; Cooke, Don; DiZoglio, Dennis; Draisen, Mark; Dwyer, Margaret; Edwards, Adriel; Florino, Ron; Frey, Bob; Grzegorzewski, Josh; Hechenbleikner, Peter; Lindstrom, Mike; Lucas, Barbara; Lutz, Elaine; McKinnon, Anne; Mcvann, John; Miller, Kenneth; O'Rourke, Carmen; Purdy, Jim; Reilly, Chris; Schwartz, Bill; Stein, Kathy; Tafoya, Ben; Van Magness, Frederick; Wood, Gail Subject: 93/95 ITF mtg in Stoneham on 10/19 Greetings Task Force Members: The next meeting of the I-93/I-95 Interchange Task Force will be: Wednesday, October 19, 2005 4:30 PM - 6:30 PM 1 LHechenbieikner, Peter From: Bill Webster [billwhome@juno.com] Sent: Wednesday, October 12, 2005 11:40 AM To: bruen-n-bruen@comcast.net Cc: dansullivan@assetleasing.com; etarallo@ci.woburn.ma.us; rtisei@senate.state.ma.us; billwhome@juno.com; swoelfel@mbta.com; jblaustein@MAPC.ORG; mary.burggraff@hou.state.ma.us; melissa.callan@hou.state.ma.us; tricia@lynchassociates.net; dcooke@vhb.com; ddizoglio@mbta.com; mdraisen@MAPC.ORG; Margaret. Dwyer@state. ma.us; Adriel.Edwards@state.ma.us; rflorino@ci.stoneham.ma.us; Joshua.Grzegorzewski@fhwa.dot.gov; Town Manager; Michael.Lindstrom@state.ma.us; blucas@MAPC.ORG; elutz@hshassoc.com; amckinnon@hshassoc.com; John. Mcvann @fhwa.dot.gov; Kenneth. Miller@state.ma.us; carmen.o'rourke@hou.state.ma.us; jpurdy@louisberger.com; Reilly, Chris; wschwartz@neighborhoodamerica.com; kstein@hshassoc.com; Tafoya, Ben; frederick.vanmagness@hou.state.ma.us; mossywood@juno.com Subject: Re: 93/95 ITF mtg in Stoneham on 10/19 I was at the sub-committe meeting and Darlene's understanding is correct. The reason it was suggested that the information be withheld was that it would be confusing to present the all of information to the general public. The question is, should any information be held back even if it would cause confusion. The information that was presented at the subcommittee meeting needs to be presented to the full task force so they can judge for themselves. This is supposed to be an open process, and if that is the case, all of the information should be made available. Bill Webster On Wed, 12 Oct 2005 10:35:53 -0400 "bruen-n-bruen" <bruen-n-bruen@comcast.net> writes: > Dear Bob and Task Force Members: > I have read the attached meeting minutes and I am deeply concerned > at the > suggestion that information in any form be held back from the > public. This > is exactly the kind of behavior that the public is Leary of and it is > appalling to me that it would even be considered. > I am hopeful we will discuss this issue in greater detail on October > 19th. > Thank you for your time. > Darlene Bruen > -----Original Message----- > From: Frey, Bob (MHD) [mailto:Bob.Frey@state.ma.us] > Sent: Tuesday, October 11, 2005 11:37 AM > To: Corey, John; Marquis, Rick; Schubert, Rick; Anthony, Camille; > Barnes, Jonathan; Bruen, Darlene; Casey, Paul; Clarke, Dennis; > Curran, > John; DiBlasi, Joe; Durrant, Ian; Everson, Jeff; Festa, Mike; > Gallagher, > Jim; Gallerani, Michael; Grover, Robert; Hamblin, Eileen; Havern, 1 > Robert; Jones, Bradley; Katsoufis, George; Kennedy, Anthony; Kinsman, > Art; Leiner, Craig; Meaney, Paul; Medeiros, Paul; Motter, Andrew; > Natale, Patrick; Rogers, Maureen A.; Smith, Susan; Sodano, Paul; > Stinson, Richard; Sullivan, Dan; Tarallo, Ed; Tisei, Richard; > Webster, > Bill; Woelfel, Steve > Cc: Blaustein, Joan; Burggraff, Mary; Callan, Melissa; Christello, > Tricia; Cooke, Don; DiZoglio, Dennis; Draisen, Mark; Dwyer, Margaret; > Edwards, Adriel; Florino, Ron; Frey, Bob; Grzegorzewski, Josh; > Hechenbleikner, Peter; Lindstrom, Mike; Lucas, Barbara; Lutz, Elaine; > McKinnon, Anne; Mcvann, John; Miller, Kenneth; O'Rourke, Carmen; > Purdy, > Jim; Reilly, Chris; Schwartz, Bill; Stein, Kathy; Tafoya, Ben; Van > Magness, Frederick; Wood, Gail > Subject: 93/95 ITF mtg in Stoneham on 10/19 > Greetings Task Force Members: > The next meeting of the I-93/I-95 Interchange Task Force will be: > Wednesday, October 19, 2005 > 4:30 PM - 6:30 PM > Banquet Room (basement level) > Stoneham Town Hall > 35 Central Street > Stoneham, MA 02180 > Directions if you need them: > From I-93, take Exit 36 (Montvale Ave.) into Stoneham. Travel about > 1-~ mile+ > on Montvale, then turn RIGHT onto Main Street (Route 28 South), then > an > immediate LEFT onto Pleasant. Take next RIGHT onto Central. Town > Hall is a > few blocks down on the left. > The summary from the most recent subcommittee meeting is attached. > An > agenda for the 19th will be sent within the next few days. > <<DSC CSC TDM 2005 09-28.doc>> > See you next Wednesday the 19th in Stoneham. > 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 ~v 2 Page 1 of 2 I C Ls Hechenbleikner, Peter From: cnj4@aol.com Sent: Wednesday, October 12, 2005 10:53 AM To: Luisa.Paiewonsky@state.ma.us; Bob.Frey@state.ma.us; jcorey@ci.woburn.ma.us; rick.marquis@fhwa.dot.gov; Schubert, Rick; canthony@cdmtitle.com; jebarnes@mit.edu; bruen-n- bruen@comcast.net; rep. paulcasey@hou.state.ma.us; dac@cummings.com; jcurran@ci.woburn.ma.us; rnrchambercom@aol.com; Ian. Durrant@state.ma.us; rep. mikefesta@hou.state. ma.us; jgallagher@mapc.org; mgallerani@ci.stoneham.ma.us; rgrover@ci.stoneham.ma.us; ehamblin@aol.com; rhavern@senate.state.ma.us; rep.bradleyjones@hou.state.ma.us; g-r@comcast.net; anthonykennedy@comcast.net; akinsman@aaasne.com; cleiner@massport.com; woburnbusiness@earthlink.net; paulderman@prodigy.net; andy.motter@fta.dot.gov; rep.patricknatale@hou.state.ma.us; maureen@northsuburbanchamber.com; sueandmikes@comcast.net; psodano@stonesav.com; rstinson@wakefield.ma.us; dansullivan@assetleasing.com; etarallo@ci.woburn.ma.us; rtisei@senate.state.ma.us; billwhome@juno.com; swoelfel@mbta.com Cc: jblaustein@mapc.org; mary.burggraff@hou.state.ma.us; melissa.callan@hou.state.ma.us; tricia@lynchassociates.net; dcooke@vhb.com; ddizoglio@mbta.com; mdraisen@mapc.org; Margaret.Dwyer@state.ma.us; Adriel.Edwards@state.ma.us; rflorino@ci.stoneham.ma.us; Josh ua.G rzegorzewski@fhwa.dot.gov; Town Manager; Michael. Lindstrom@state. mams; blucas@mapc.org; elutz@hshassoc.com; amckinnon@hshassoc.com; John. Mcvann@fhwa.dot.gov; Kenneth. Miller@state.ma.us; carmen.o'rourke@hou.state.ma.us; jpurdy@louisberger.com; Reilly, Chris; wschwartz@neighborhoodamerica.com; kstein@hshassoc.com; Tafoya, Ben; frederick.vanmagness@hou.state.ma.us; mossywood@juno.com Subject: Absence of Feasibility Methods To: Commissioner Paiewonsky; Bob Frey, Manager, State Wide Planning From: Jeffrey Everson, Ph.D., Member: 193/95 Task Force, PRESERVE Date: October 12, 2005 Subject: Absence of Feasibility Demonstration Methods During one of the early Task Force meetings, it was decided, "We would agreed to disagree and move one." Our disagreements are clearly summarized in the two reports, "Response to Safety Concerns" listed in the www.9395info.com website under Plans and Studies. For example, I suggested methods to estimate accident reduction percentages and to determine differences in level of service between the interchange mainlines and connecting roadways. You gave your reasons for not pursuing the former and ignored the latter. Conclusion: In your haste "to move on," you offered no alternative methods, and thus, have no means to demonstrate feasibility of proposed interchange alternative designs. These issues are discussed in the attached document. The 193/95 interchange has been an object of interest to the Massachusetts Highway Department (MHD) for at least 8 years. At the conclusion of this second feasibility study, the MHD will have spent at least $1 M. With luxury of unlimited money and time, you could have taken the following steps to investigate methods for accident reduction estimation and determination of LOS differences during the past 8 years. This list is not exhaustive. I can cite other sources. Accident Reduction Estimation: 1. Highway Safety Manual: This US DOT document has been in preparation for a few years, and will be complete in June 2006. You could have checked with the authors and imported relevant methods for this interchange study. 2. "Safety Analyst:" This software package has been under development for a few years by the US DOT. The mathematical basis for it has been known for at least 8 years. You could have demonstrated initiative and determined how this basis might be useful for interchanges. 3. Interchange Databases: There is at least one database containing a few hundred US interchanges. Some of these may be sufficiently comparable to the 193/95 interchange and may have undergone design changes. Before and after 10/12/2005 4 P Page 2 of 2 collision and congestion data might be available to assist in the intelligent selection of design alternatives for the 193/95 interchange. Level of Services Difference Estimation: 1. Macroscopic Traffic Simulation: This modeling approach could simulate traffic flow encompassing roadway networks extending beyond the 193/95 interchange. Your current software (CORSIM) is myopically focused on a relatively small area around the interchange and does not include my highly congested commute from Reading to Waltham, for example. 2. Dr. Richard Dowling: He is the leader of a subgroup on Level of Service in the Transportation Research Board (TRB). He could help establish a traffic flow data collection and analysis plan to determine LOS differences. Dr. Dowling manages his own company, Dowling Associates. 3. Dr. Rich Margiotta: He is experienced in macroscopic and microscopic traffic simulation and could assist in determining the affect of a redesigned interchange on home-to-office travel time. He is employed by Cambridge Systematics. None of these resources has been used in the first and second feasibility studies (i.e., did not appear in either Statement of Work). As the guardian of public safety and highway efficiency on state roads, the MHD could have gone the extra mile and exploited these sources, but didn't. Conclusion: This feasibility study is invalid for two reasons: (1) it cannot demonstrate feasibility and (2) the MHD has studied practically nothing from a vast resource of engineering expertise. Bob, I would appreciate having the first 20 minutes of the Task Force meeting on October 19th to explain these issues to my colleagues. Then, we will open up the meeting for a discussion. Jeffrey H. Everson, Ph.D. Principal Investigator, Intelligent Transportation Systems (ITS) Member: PRESERVE, 193/95 Task Force 21 Pine Ridge Circle, Reading, MA 01867 781-944-3632 (home); 781-684-4247 (work); cnj4@aol.com 10/12/2005 The Second 193-95 Interchange Feasibility Study Determination of Feasibility by Consensus October 19, 2005 The ultimate responsibility of the 193/95 Task Force is to determine whether a proposed redesigned interchange is feasible, but how can you come to consensus on feasibility if you have no definition for it? That feasibility determination will presumably be made by consensus. The concept of feasibility should be applied to the two most important issues: accident reduction and congestion mitigation. Contextual definitions of feasibility below are in blue for accident reduction and congestion mitigation. Conclusions are in red. A message to the Task Force is in the border. Accident Reduction Feasibility: Task Force members/motoring public have a right to expect the following feasibility definition from Mass Highway: Our engineering analysis method demonstrated the feasibility of reducing accidents by an estimated X percent for a proposed redesigned interchange. As of the 15th meeting of the Task Force, Mass Highway has no accident analysis method and, therefore, cannot demonstrate feasibility.' The percentage reduction in accidents is unknown and, thus, the accident reduction benefits cannot be determined. These benefits could be translated into a dollar value and compared with the cost to build/maintain a redesigned interchange. Conclusion: there can be no benefits versus cost comparison because accident reduction benefits are unknown. Congestion Mitigation Feasibility: Task Force members/motoring public have a right to expect the following feasibility definition from Mass Highway: Our engineering analysis method demonstrated the feasibility of reducing the home-to-office commuting time for a typical commuter by an estimated Y percent for a proposed redesigned interchange. As of the 15th meeting of the Task Force, Mass Highway has no method to demonstrate feasibility whether a typical commuter would or would not save time due to a redesigned interchange. Even more basic, Mass Highway has not determined whether there is a significant and consistent difference in Level of Service (LOS) between mainline segments of the interchange and connecting roadways.' There is nothing in the consultant Statement of Work requiring a determination in LOS differences. These differences could be translated into saved commuting time for a typical commuter (e.g., Peabody to Waltham). Saved time could then be converted into a dollar value and compared with the cost to build/maintain a redesigned interchange. Conclusion: there can be no benefits versus cost comparison because commuting time reduction benefits are unknown. Feasibility must be demonstrated, not implied or suggested by vague "engineering judgment." Consensus: Consensus means opting for a choice that you can tolerate even though you may have objections to parts of it. Given the above discussion, what can members of the Task Force tolerate regarding proposed redesigned interchanges? • No demonstrated feasibility methods for accidents and congestion • No quantifiable benefits in accident reduction No quantifiable benefits in reduced commuting time To members of the Task Force: During the forthcoming public meetings, you may be asked the following questions (Q) by members of the public and the press: (Ql) How many less accidents do you expect for that new interchange? (Q2) How much time will I save commuting from home to office via a new interchange? (Q3) What are your engineering qualifications? Jeffrey H. Everson, Ph.D., Principal Investigator, Intelligent Transportation Systems (ITS) Member: PRESERVE, I93/95 Task Force; 21 Pine Ridge Circle, Reading, MA 01867 781-944-3632 (home); 781-684-4247 (work); cnj4@aol.com ' "Response to Safety Concerns 6-06-05" and "Response to Additional Safety Concerns 6-09-05" found in www.9395info.com. ~ ~3 Page 1 of 1 Hechenbiefter, Peter From: Joan Langsam Belangsam@brackettlucas.com] Sent: Wednesday, October 12, 2005 1:35 PM To: Hechenbleikner, Peter Subject: Oakland Road Land disposition L~c g~ Pete, I have reviewed all the documents I received from the assessors, the documents I received at our meeting on Tuesday, Town Meeting records and all the title documents I currently have in my office relating to ownership of the land around the high school (Birch Meadow, Field House etc.) much of which included the land we are interested in and I have found that all deeds and takings were made in the name of the Town of Reading and not the school department, there were no deeds into the school department and there seems to be no transfer of custody and control to the school department of the land. Accordingly, the BOS with authorization of Town Meeting can dispose of the property. I would recommend just to be on the conservative side that the School Committee vote to transfer care custody and control of all of those lots just in case there is some very old Town Meeting vote we didn't find, but I don't think it is absolutely necessary. Joan 10/13/2005 t (c6J Hechenbleikner, Peter From: Hechenbleikner, Peter Sent: Thursday, October 13, 2005 4:17 PM To: Schettini, Pat Cc: Schena, Paula; Cormier, Jim; Anthony, Camille (W); Bonazoli, James; Schubert, Rick (H); Schubert, Rick (W); Tafoya, Ben Subject: School Resources Officer Pat I understand that the School Committee is discussing the possibility of funding a School Resource Officer beginning September 2006. As you know, we have sought funding for a couple of years for this position, through a federal grant. It is clear that we are not going to be successful in these efforts in the short run at least. As Chief Cormier has related to you, the School Resources Officer position will cost in the area of $65,000 to $70,000 per year. In order to have a position viable for the next academic year, we will need to fill a Police Officer position now, so that we have an officer trained and out of the police Academy before next September. Therefore funding in the amount of $35,000 (1/2 year salary) would need to be available by January 1, 2006. 1 would suggest that the proper mechanism to accomplish this goal would be to request additional funds at the Subsequent Town Meeting by amending the Police Department salary budget by this amount. Then, in building the FY 2007 budget, we would need to include full funding for the position in the Police Department salary budget. Given current concerns in the community surrounding substance abuse, creating this position would be one tool to combat this problem. I look forward to working with the School Department on this matter. Chief Cormier and I will be at the School Committee meeting on October 17 in the event that there are any questions for me regarding this matter. Pete Hechenbleikner Town Manager 4 . Page 1 of 2 ~ KGs Hechenbleikner, Peter From: Phil Rushworth [phil@rctv.org] Sent: Thursday, October 13, 2005 2:04 PM To: Hechenbleikner, Peter; Domenic LaCava; Marcel A. DuBois; Gail F. Wood; Joseph McLauchlan; Cain, Joe Subject: Verizon article in todays globe FYI Verizon will offer fiber-optic TV in bid to become media provider By Keith Reed, Globe Staff ( October 13, 2005 WALTHAM Now the phone company is getting into the TV business. Verizon Communications Inc. yesterday showed off its new television service that will compete with cable by using fiber-optic lines, which can carry a dizzying amount of voice, data, and video at speeds impossible over the existing wires running into most homes. Verizon hopes to eventually replace with fiber optics all of the copper wire that currently carries its voice and data products to consumers. In the process, the company is positioning itself to offer services that, until now, many consumers haven't even dreamed of, such as allowing TV viewers to interactively search for programming using keywords, much like a Google search, or dial up a live view of traffic on local roads. Although some places are already wired with fiber optics, the TV service should be available in some Massachusetts communities beginning next year. Verizon's focus on fiber optics is the cornerstone of its nascent transformation into a content delivery company. It's betting the investment will help it beat back competition from cable and Internet telephony companies for subscribers, especially as demand for content in the home is expected to increase. "We had to get into the market with something we can offer today," Verizon spokesman Jack Hoey said on the Waltham campus where the demonstration took place. Beyond TV, he said, Verizon is focused on offering interactive applications. "What are the things that you can't do today that you will be able to do five years or 10 years from now?" Verizon is abandoning what it and its predecessors have been for nearly a century: phone companies responsible for building much of the existing telecommunications infrastructure in the Northeast. That legacy is about to become a part of history, a shift signaled by the fiber-optic strategy, which Verizon calls "FiOS." "Verizon has been really pushing past what it was as a local carrier," said Bill Garrett, Verizon's director of technology for broadband services. "We have never seen in our lifetimes this type of change in technological scope." The company's executives said yesterday that Verizon no longer plans to lay any more copper wire, the backbone of its existing network that enables most of the phone calls and Internet service. Instead, Verizon is plodding ahead, neighborhood by neighborhood, installing fiber in new homes and developments as they are built. Fiber to existing homes is being added as consumers request it, provided they live in aneighborhood where Verizon has already begun installing the service. Fiber is already installed in homes in parts of 20 Massachusetts towns, mostly in suburban Boston. That has sparked criticism from its competitors in the cable industry, who argue that Verizon should be required to wire entire towns before being granted franchise agreements needed to begin offering television service in those communities. Right now, ROS TV is available only in the Dallas suburb of Keller, Texas, though Verizon has said that several other markets outside of Massachusetts will get it by the end of the year and that Woburn would be the first in the state, in early 2006. The company has laid about 10 million miles of fiber-optic cable around the country and estimates the service will be available to about 3 million US homes by the end of the year. With fiber in place, Verizon can offer new services like Internet access with download speeds as high as 30 megabits per second 10 times faster than its fastest DSL service - and FiOS TV. A 10/13/2005 Page 2 of 2 In demonstrations yesterday, the service looked and performed much like regular cable TV. Video and data signals are carried into a home over fiber, then delivered to a set-top box. An interactive program guide lists shows by time and groups channels by genre, such as entertainment, which includes USA Network and Spike TV, and "people & culture," which includes ethnic-targeted networks like BET and AZN Television. Nationwide pricing has not been disclosed, but Verizon offers three tiers in Texas: Basic, with 15 to 35 channels and video-on-demand movies for $12.95 per month. Expanded basic, with 180 channels of video and digital music and 600 video-on-demand titles for $39.95. La Conexion, aimed at Spanish-speaking customers, for $32.95 per month. The company also charges $12.95 for its digital box, which includes a digital video recorder and allows customers to watch high-definition television broadcasts. Subscription channels like HBO and Showtime cost extra. Keith Reed can'be reached at reed a-globe.com. [01~v 10/13/2005 Page '1 of 1 Hechenbleikner, Peter From: Burns, Greg Sent: Thursday, October 13, 2005 12:14 PM To: Hechenbleikner, Peter Subject: Grant Equipment Peter Below is the equipment we purchased through the Northeast Homeland Regional Security Advisory Council (NERAC). Greg kluminized Emergency Blanket ~ $ 5.00 20 100.00 'ol -blend Emergency Blanket $ 8.00 100 800.00 )oft Case First Aid Kit $ 19.95 20 399.00 wick Shelter 10x10 feet $ 600.00 3 1800.00 '.ollapsible 5 gallon water storage :ontainer $ 6.99 12 83.88 "oldin Cots 74" x 25.5" x 16" $ 45.00 100 4500.00 3enerator 5-6KW - to support :ritical infrastructure or search ind rescue operations $ 2000.00 1 2000.00 'ortable Light 1000 Watt - For 0ghttime operations or support of :earch and rescue $ 6000.00 ;entrifugal Pump to support ;earch and rescue for support at ;ERNE events $ 1800.00 1 1800.00 'ol Tars 12x12 of $ 7.00 10 70.00 )RAND TOTAL not to exceed $14,000 n/a n/a 11,552.88 q0 10/13/2005 U 2a5, GCT 13 AM 11: 0 (.Ic' g4~ THANK YOU, THANK YOU, THANK YOU To everyone who helped us make READINGOPOL Ya reality!! Because of you Reading the making! The available by December holidays! now has a piece of history in board game will be ist, just in time for the We are now taking orders for the game. If you are interested in purchasing a game, please return the order form below and we will deliver it to you when they arrive! We appreciate your supportM Mail order form and check to: Lisa Maclean 1 3 Gilmore Ave Reading, MA 01867 1 I 1 1 Name: 1 I I Address: I I I Telephone: j Where do you want game(s) delivered to: 1 I 1 1 1 I j Number of games X $29.95 = $ j 1 1 1 Please make check out to: Reading Technology & Education Foundation Thank you!