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Eastie-only casino vote likely Nov. 5

Written By Unknown on Sabtu, 07 September 2013 | 00.32

East Boston voters will decide the fate of the proposed Suffolk Downs/Caesars casino Nov. 5 — the same day as the Hub's mayoral election, City Council President Stephen J. Murphy said yesterday.

"There's voter fatigue," Murphy said of holding the high-stakes vote on a different date, as some, including Mayor Thomas M. Menino, had pushed for. "Every other week there's an election going on. ... We believe it would ensure maximum voter participation."

The Herald reported yesterday on the confusion over whether the Suffolk Downs referendum would be held on Election Day or on a separate date. Menino had pushed for October, but most mayoral candidates favored Election Day.

Murphy said there are enough votes on the council to support a Nov. 5 date. A spokesman for Revere Mayor Daniel Rizzo said its City Council will vote on a Nov. 5 date this month after receiving a letter proposing the date from Suffolk Downs.

"We are fine with any date from Halloween to Thanksgiving," said Suffolk Downs Chief Operating Officer Chip Tuttle. "We feel like we have very, very strong support in both communities and we're ready to go."

Councilors still have time to call for a citywide referendum — instead of limiting the vote to East Boston — but Murphy doubted there was enough support.

Candidates Robert Consalvo and Charles Yancey both wanted the referendum on a different date.

Yancey thought the referendum might be drowned out by the mayoral contest.

"The focus of the election will be more the mayor's race and not the casino vote," Yancey said.


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The Ticker

Layoffs at Staples HQ

Staples Inc. this week laid off an undisclosed number of workers.

The cuts represent less than 1 percent of the struggling office product company's North American and corporate functions, and the majority were leadership positions at its Framingham headquarters, according to a Staples spokesman, who declined to reveal the number of employees affected.

"We have eliminated a number of positions in the United States to ensure that we can continue to invest in our key growth initiatives," spokesman Mark Cautela said. "We will continue to aggressively manage our expenses and evolve our organization to support our reinvention."

Weak back-to-school sales reported

Americans' cautious spending on clothing extended into August, capping a weak back-to-school selling season for retailers.

Several retailers, including clothiers Cato Corp. and L Brands Inc., yesterday posted disappointing revenue during the month, which falls in the middle of the second biggest shopping period of the year.

The results raise questions about whether Americans will spend during the winter holidays in November and December, a time retailers can make up to 40 percent of their revenue for the year.

Jump in state tax revenue for August

Massachusetts is reporting August tax collections that were up 8.5 percent compared with what the state took in during last August.

Revenue Commissioner Amy Pitter said yesterday that preliminary revenue collections for the month totaled $1.54 billion, or $121 million higher than last year.

That's also about $64 million above the monthly benchmark based on the 2014 fiscal year revenue estimate of nearly $22.8 billion.

TODAY

  • Labor Department releases employment data for August.
  • Economy Ministry releases July industrial production figures for Germany, Europe's biggest economy.
  • Federal Statistical Office releases export and import data for July.

THE SHUFFLE

Kathleen Connolly, left, counsel at Murtha Cullina LLP and resident in the firm's Boston office, was appointed co-chairwoman of the Real Estate Legislation & Public Policy Committee of the Boston Bar Association's Real Estate Section. In her new role, Connolly will support the committee and association in monitoring legislative and regulatory changes and precedent-setting court decisions

Ocera Therapeutics, a clinical stage biopharmaceutical company focused on acute and chronic orphan liver diseases, announced that Jeryl L. Hilleman has been appointed chief financial officer. Hilleman has over two decades experience as CFO of both private and public companies.


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Latest round in Market Basket battle heads to court

Market Basket CEO Arthur T. Demoulas and other so-called "B" shareholders in his camp are asking a court to put on hold a $300 million shareholder payout until a judge decides whether the company's interim board chairman is independent as mandated by a 1998 court ruling.

Because chairman Keith O. Cowan had served since 2012 as one of the "A" shareholders led by Arthur S. Demoulas — who's been trying to remove his cousin as CEO of the Tewksbury-based grocery chain — Cowan cannot be considered independent, the court documents argue.

Although Cowan's designation has changed to an independent "A/B" director, "his marching orders certainly had not," according to a lawsuit filed yesterday in Suffolk Superior Court. He has "continued to take directions from, and execute the agenda of, the family that originally selected him and now has elected him," the lawsuit filed against Arthur S. Demoulas, the other "A" shareholders and Cowan states.

"Mr. Cowan is pursuing in a rapid, almost frantic, fashion, the agenda and interests of the "A" shareholders, including … their hunt for extreme liquidity in the form of large distributions," a slowing of company growth and removal of the CEO at the "expense of a very successful business model," according to the lawsuit.

The lawsuit notes that Cowan voted the same way as Arthur S. Demoulas on 19 of 22 votes at July board meetings — and was the deciding vote in August on the $300 million payout that "B" directors opposed.

"At the meetings, it is very clear that Mr. Cowan's conduct, and votes, are being directed by Arthur S. Demoulas," the lawsuit states.

A spokeswoman for Arthur T. Demoulas declined comment. Cowan and the board's spokeswoman could not be reached.

Under a 1998 Middlesex Superior Court ruling, three members of the seven-member Market Basket Board must be "disinterested, independent" directors meeting New York Stock Exchange standards. The ruling was intended to balance the interests of the two long-warring factions of the Demoulas family.

The "A" shareholders have wielded new power after a June election shifted a board majority to their favor. This allowed them to elect all three independent directors and Cowan as chairman.

The lawsuit is the latest volley in a string of lawsuits between the two factions of the Demoulas family since 1990. A hearing is set for Sept. 19.


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New projects replenish dwindling housing stock

It's no surprise that the inventory levels of residential real estate in Boston are down — way down.

According to the Multiple Listing Service (MLS), in an analysis of the Back Bay, Beacon Hill and South End neighborhoods, it's become extremely low.

Here's a look at the shrinking reality, for Sept. 4
over the past three years:

•    2011: 391 units

   2012: 196 units

   2013: 162 units

That's a drop of 141 percent!

So where will the new inventory come from going forward? The current Millennium Place building slated to open this fall is at approximately 75 percent capacity. Beyond that there are plenty of buildings in the works though all seem to be lease options for the moment. Could the developers of these buildings decide to change direction and offer units to purchase instead?

There are approximately 3,200 new leased apartments expecting to be delivered to market in the Boston metro area in 2013, which is more than doubled from 1,500 new supplies in 2012. Add to that an additional 8,000 units expected to be delivered in the next two to three years and you see why we become a bit speculative.

Here are a few of the larger options both hitting the market today and in the near future:

580 Washington St.
 265 units

Currently for sale. Approximately 75 percent capacity.

426 Washington St.500 units

Ground breaking Sept. 17

659 Washington St.381 units

Currently being leased.

45 Stuart St.404 units

Spring 2014

1 Herald St. 
475 units

Spring 2015

Pier 4369 units

Spring 2014

L West Square

320 D St.260 units

Fall 2013

The bottom line is that the Boston real estate market continues to exhibit strong growth supported by a steady improvement in the overall economic employment environment, a steady rise in new construction, a decrease in the overall vacancy rate and a strong rent growth.

Charlie Abrahams is a licensed real estate agent in Boston who works with buyers and sellers and 
can be reached for any 
additional information 
at Bostonrealestate
@charlieabrahams.com.


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Google argues for right to continue scanning Gmail

SAN JOSE, Calif. — Attorneys suing Google say the firm violates privacy and takes personal property by electronically scanning the contents of people's Gmail accounts and then targeting ads to them.

"This company reads, on a daily basis, every email that's submitted, and when I say read, I mean looking at every word to determine meaning," said Texas attorney Sean Rommel, who is co-counsel suing Google.

But in a federal court hearing Thursday in San Jose, Google argued that the case should be dismissed, and that "all users of email must necessarily expect that their emails will be subject to automated processing."

Judge Lucy Koh said she would consider Google's request to terminate the case, but she said she is also interested in scheduling a trial for next year, indicating she is unlikely to dismiss. She did not say when she would decide.

The lawsuit, filed on behalf of 10 individuals, is expected to be certified as a class action and is widely seen as a precedent-setting case for other email providers.

The plaintiffs say Google "unlawfully opens up, reads, and acquires the content of people's private email messages" in violation of California's privacy laws and federal wiretapping statutes. The lawsuit notes that the company even scans messages sent to any of the 425 million active Gmail users from non-Gmail users who never agreed to the company's terms.

And Rommel said "the data that's being amassed by this company" could be used for more than just targeting advertising, although the parts of the lawsuit discussing what more Google might be doing with private information is currently under seal.

"The injury is two-fold: the privacy invasion and the loss of property. Google is taking people's property because they can get it for free as opposed to paying for it," Rommel said.

Scrutinizing Google's privacy policy, Judge Koh noted that it doesn't specify that Google is scanning Gmail when it describes the type of information it's collecting.

"Why wouldn't you just say 'the content of your emails?'" she asked.

Google attorney Whitty Somvichian said that the company is attempting to have a single privacy policy for all of its services, meaning it didn't separately reference every single product.

But he said it's "inconceivable" that someone using a Gmail account would not be aware that the information in their email would be known to Google.

Google has repeatedly described how it targets its advertising based on words that show up in Gmail messages. For example, the company says if someone has received a lot of messages about photography or cameras then it might display an advertisement from a local camera store. Google says the process is fully automated, "and no humans read your email..."

"Users, while they're using their Google Gmail account, have given Google the ability to use the emails they send and receive for providing that service," Somvichian said in court. "They have not assumed the risk that Google will disclose their information and they fully retain the right to delete their emails."

Privacy advocates have long questioned the practice, and were closely watching the lawsuit.

"In this Gmail case Google is trying to argue that its technology is exempt from privacy and wiretap laws. If they win, it will set a horrible precedent that they will try to apply to other Google technologies greatly threatening consumers' privacy rights," Consumer Watchdog Privacy Project director John Simpson said on Thursday.


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Mass. AG, officials hold forum on foreclosures

SPRINGFIELD, Mass. — Attorney General Martha Coakley is holding a home foreclosure prevention program in Springfield with local officials and advocates.

Coakley's office says the state's first-in-the-nation HomeCorps program has helped work out more than $35 million in reductions of home loan principal and 1,700 loan modifications. Officials of the program, along with a Springfield homeowner whose home was saved by the program will talk about that and other efforts to prevent foreclosures at the Friday morning event.

Others scheduled to take part are state Sen. Gale Candaras, Springfield Housing Director Geraldine McCafferty, and other city and county officials and local housing advocates.

The forum is being held at the attorney general's Springfield regional office.


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Aug. US jobs data could drive Fed bond-buying move

WASHINGTON — Signs of improvement in the U.S. economy emerged this week, and the jobs report the government will issue Friday will show whether that strength is fueling consistent hiring gains.

The August employment report will be the most significant economic data to be released before the Federal Reserve meets Sept. 17-18. Many economists expect the Fed to decide then to slow its monthly bond purchases.

Analysts predict a solid gain of 177,000 jobs for August, above total but just below the monthly average this year of 192,000. The unemployment rate is expected to remain 7.4 percent.

Many economists were encouraged by data released this week. Reports showed that services companies are stepping up hiring and that a dwindling number of people are losing jobs.

Americans are buying more cars than at any time since the recession began in December 2007. And U.S. factories expanded in August at their fastest pace in more than two years.

This year's steady job growth, along with declining layoffs, has helped lower the unemployment rate to 7.4 percent from 7.9 percent in January. It also means more Americans are earning paychecks and will likely boost consumer spending in coming months.

The improved jobs picture is a key reason most economists expect the Fed to scale back its bond buying. The Fed's $85 billion a month in Treasury and mortgage bond purchases have helped keep home-loan and other borrowing rates ultra-low to try to encourage consumers and businesses to borrow and spend more.

Chairman Ben Bernanke has said the Fed could begin slowing its bond purchases by year's end if the economy continues to strengthen and end the purchases by mid-2014. After its September policy meeting, the Fed will announce whether it will taper its monthly purchases and, if so, by how much.

The data released in the past week have bolstered the position of those Fed officials who argue that the economy is healthy enough to withstand tapering:

— U.S. services firms, which employ about 90 percent of the U.S. workforce, expanded last month at their fastest pace in nearly 8 years, according to a report Thursday from the Institute for Supply Management. Sales and new orders rose. Service companies also hired at the fastest pace in six months. The institute's index of service sector growth has jumped 5.8 points in the past two months to 58.6 — the biggest two-month increase since it began in 1997. Service firms include retailers, banks, construction companies and hotels.

— A four-week average of applications for U.S. unemployment benefits has fallen in the past month to its lowest point since October 2007 — two months before the Great Recession officially began. The trend shows that employers are laying off fewer and fewer workers.

— Survey results reported Thursday by payroll provider ADP found that American businesses added 176,000 jobs in August. That was just below the 198,000 added in July but close to the past year's average monthly gain.

— U.S. factories grew last month at their strongest pace in more than two years, according to the ISM's index of manufacturing growth. A measure of orders soared to its highest level since April 2011, a sign that factory output could grow further in coming months.

— Americans bought new cars in August at the fastest annual pace since November 2007, before the recession. Auto sales jumped 17 percent compared with a year earlier. Toyota, Ford, Nissan, Honda, Chrysler and General Motors all posted double-digit gains over last August.

Still, more than four years after the recession officially ended, the economy has a long way to go return to full health. The unemployment rate is well above the 5 percent to 6 percent range associated with a normal economy.

Many of the jobs created this year have been part-time positions in industries with generally low pay, such as hotels, retailers and restaurants. Such jobs leave consumers with less money to spend than do better-paying positions in industries such as manufacturing and construction, which have mostly shed jobs the past four months.

Businesses have also reduced spending on heavy machinery and other long-lasting factory goods. That caused orders to U.S. factories to fall in July by the most in four months, the Commerce Department said Thursday.

___

AP Retail Writer Anne D'Innocenzio contributed to this report from New York.

__

Follow Chris Rugaber on Twitter at http://Twitter.com/ChrisRugaber


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Russia to keep helping Syria if it's attacked

ST. PETERSBURG, Russia — President Vladimir Putin says Russia will continue helping Syria even if it comes under attack.

Putin, speaking at Friday's briefing after the Group of 20 summit, answered with a firm "we will" when asked if Russia will keep providing assistance to Syria if it's attacked.

He added that Russia has been supplying weapons to Syria and maintaining economic cooperation.

Putin said that Russia intends to increase its humanitarian assistance to the Syrian people after more than two years of hostilities.

Putin and his officials have previously said that Moscow has no intention of engaging in the conflict.

However, Russia has increased its naval presence in the Mediterranean, which the Kremlin's chief of staff said could help Russia evacuate its citizens from Syria if necessary.


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Labor force numbers drop to lowest in 25 years

Labor force participation fell to 63.2 percent, its lowest percentage since August 1978, according to new numbers released by the Labor Department today.

The U.S. economy added just 169,000 jobs last month, below analysts' estimates, while the number of jobs added in June and July was revised down by 74,000, the Labor Department said.

These additions dropped the unemployment rate to 7.3 percent, the lowest in nearly five years. But a decline in job seekers pushed the labor force participation rate to historic lows.

The lower-than-expected numbers are likely to cause Ben Bernanke and the Federal Reserve to think twice about tapering the central bank's $85 billion bond buy back program later this month.

Retail and health care employment rose, while information employment declined, the Labor Department said.


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US employers add 169K jobs; rate falls to 7.3 pct.

WASHINGTON — U.S. employers have yet to start hiring aggressively — a trend the Federal Reserve will weigh in deciding this month whether to slow its bond buying and, if so, by how much.

Employers added 169,000 jobs in August but many fewer in June and July than previously thought, the Labor Department said Friday. Combined, June, July and August amounted to the weakest three-month stretch of job growth in a year.

The unemployment rate dropped to 7.3 percent, the lowest in nearly five years. But it fell because more Americans stopped looking for work and were no longer counted as unemployed. The proportion of Americans working or looking for work reached its lowest point in 35 years.

All told, the report adds up to a mixed picture of the U.S. job market: Hiring is steady but subpar. Much of the hiring is in lower-paying occupations. And many people are giving up on the job market in frustration.

The jobs picture is sure to weigh heavily when the Fed meets Sept. 17-18 to discuss whether to scale back its $85 billion a month in Treasury and mortgage bond purchases. Those purchases have helped keep home-loan and other borrowing rates ultra-low to try to encourage consumers and businesses to borrow and spend more.

David Jones, chief economist at DMJ Advisors, said he still thinks the Fed will begin slowing its bond buying later this month. But he suspects the August data and the reduced job totals for June and July will lead the Fed to trim more gradually than it would have otherwise: The Fed could start reducing its monthly purchases by $10 billion rather than $20 billion.

Jones said he expects periodic reductions of $10 billion between now and mid-2014. At that point, Chairman Ben Bernanke has said the Fed expects the bond buying could likely end.

The revised job growth for June and July shrank the previously estimated gain for those months by 74,000. July's gain is now estimated at 104,000 — the fewest in more than a year and down from a previous estimate of 162,000. June's was revised to 172,000 from 188,000.

In the past three months, employers have added an average of just 148,000 jobs. The average monthly gain for 2013 so far is 180,000, slightly below the 183,000 average for 2012.

Stock prices shifted between gains and losses in morning trading as investors weighed the job report's impact on the Fed and tensions over the prospect of U.S. military action against Syria. The Dow Jones industrial average rose about 30 points.

The yield on the 10-year Treasury note fell to 2.92 percent, from 2.95 percent before the jobs report was released at 8:30 a.m. Eastern time. Investors may think the report makes it less likely the Fed will significantly slow its bond purchases.

One possible concern for the Fed is that most of the hiring in August was in lower-paying industries such as retail, restaurants and bars. This continues a trend that emerged earlier this year.

Retailers added 44,000 jobs in August. Hotels, restaurants and bars added 27,000. Temp hiring rose by 13,000.

In higher-paying fields, the report was mixed.

Manufacturers added 14,000, the first gain after five months of declines. Government, which has been a drag on job growth since the recession ended more than four years ago, gained 17,000. It was the biggest such increase in nearly a year. The increase was all in local education departments. Federal employment was unchanged, and state government lost 3,000 jobs.

Auto manufacturers added 19,000 jobs. Americans are buying more cars than at any time since the recession began in December 2007. Some of the jobs also likely reflected workers who were rehired last month after being temporarily laid off in July, when factories switched to new models.

But construction jobs were unchanged in August. And the information industry, which includes high-tech workers, broadcasting and film production, cut 18,000 jobs. The biggest losses were in the film industry.

The report contained some other positive signs: Average hourly earnings picked up, rising 5 cents to $24.05. Hourly pay has risen 2.2 percent in the past 12 months. That's slightly ahead of the 2 percent inflation rate over the same period.

The average hourly work week ticked up to 34.5 from 34.4, a sign that companies needed more labor. That can lead to larger paychecks.

The modest jobs figures contrast with other recent data that suggested that the economy could be picking up. For example, reports from the Institute for Supply Management, a trade group of purchasing managers, showed that manufacturers expanded at the fastest pace in more than two years last month.

And service firms grew at the quickest pace in more than eight years, the ISM found.

___

AP Economics Writers Paul Wiseman and Martin Crutsinger contributed to this report.

___


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