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HomeMy WebLinkAbout2014-05-13 Board of Selectmen HandoutDRAFT MOTIONS BOARD OF SELECTMEN MEETING MAY 13, 2014 Arena, West, Ensminaer, Halsey, Sexton LeLacheur lc) Move that the sale of the $ 192,500 Sewer Bond of the Town dated May 19,20 14, to the Massachusetts Water Resources Authority (the "Authority ") is hereby approved and that the Town Manager is authorized to execute on behalf of the Town a Loan Agreement and a Financial Assistance Agreement with the Authority with respect to the bond. The bond shall be payable without interest on May 15 of the years and in the principal amounts as follows: Year Installment 2015 $38,500 2016 38,500 2017 38,500 2018 38,500 2019 38,500 and that each member of the Board of Selectmen, the Town Manager, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing vote. I further certify that the votes were taken at a meeting open to the public, that no vote was taken by secret ballot, that a notice stating the place, date, time and agenda for the meeting (which agenda included the adoption of the above votes) was filed with the Town Clerk and a copy thereof posted in a manner conspicuously visible to the public at all hours in or on the municipal building that the office of the Town Clerk is located or, if applicable, in accordance with an alternative method of notice prescribed or approved by the Attorney General as set forth in 940 CMR 29.03(2)(b), at least 48 hours, not including Saturdays, Sundays and legal holidays, prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the sale of the bond were taken in executive session, all in accordance with G.L. c.30A, §§ 18 -25 as amended. 0 3a) Move that the Board of Selectmen approve the Certificate of Recognition for Roland Vazquez who served as the Music Director of the Reading Symphony Orchestra for seventeen years. 3b) Move that the Board of Selectmen proclaim May 31 through June 1, 2014 as Walk Reading Weekend. 3c) Move that the Board of Selectmen proclaim May 18 to May 24, 2014 as Public Works Week in the Town of Reading. 5a) Move that the Board of Selectmen close the hearing on the transfer of the Reading Fine Wines LLC liquor license, the Change of Manager and pledge of license. Move that the Board of Selectmen approve the transfer of the Retail Package Goods Store License to Expose, Keep for Sale and to Sell All Kinds of Alcoholic Beverages Not to be Drunk on the Premises from Reading Fine Wines, LLC to Brooks Brew and Fine Wines, LLC at 676 Main Street; the change of Manager to Todd Brooks and the pledge of the license to Robert Carp subject to the following conditions: • All Bylaws, Rules and Regulations of the Town of Reading and of the Commonwealth of Massachusetts shall be followed and also subject to a satisfactory inspection of the establishment by the Town Manager. 5c) Move that the Board of Selectmen approve the request from Dorothy A. DeBlasi to refinance the home at 261 Salem Street, Unit 6 in Reading subject to the condition that the loan be at a fixed rate and the principal loan amount shall not exceed $30,000. 5d) Move that the Board of Selectmen approve the easement agreement between the Town of Reading and 25 WBD LLC for approximately 108.3 square feet of land for construction and maintenance of a bus shelter located at 25 Walkers Brook Drive. 6a) Move that the Board of Selectmen approve the minutes of April 15, 2014 as amended. Limp 6b) Move that the Board of Selectmen approve the minutes of April 22, 2014 as amended. 8a) Move that the Board of Selectmen approve the Executive Session minutes of April 9, 2014 as written. JA MW DE JH KS Move that the Board of Selectmen approve the Executive Session minutes of April 15, 2014 as written. JA MW DE JH KS Move that the Board of Selectmen adjourn the meeting at p.m. 0 To: Board of Selectmen From: Bob LeLacheur Date: May 13, 2014 RE: Town Manager's Report ➢ A reminder that tonight's discussion about Downtown Parking is meant to be the very beginning of a long process that will involve significant community participation. I suggest we hold at least two public meetings during daytime hours at Town Hall — one in the summer (July) and one in early fall (September). We will formally notify all business and residential addresses near the Downtown Main Street & Haven neighborhoods of these meetings. Next October /November we can bring to the Board whatever conclusions the community has reached through these meetings. I would invite the Board to designate one or two members to join in these community meetings. This method worked well ten years ago. ➢ Last Saturday the Selectmen and Department Heads met to discuss strategic planning for the Town of Reading. A brief summary cannot do justice to the five hours of discussion, but these four working groups were formed: Community Partners (Kevin Sexton, Dan Ensminger and Bob LeLacheur); Services and Performance Measurement (Marsie West and Jean Delios); Communication (Sharon Angstrom and Jeff Zager); and Strategic Planning (John Arena, John Halsey, Jim Cormier, Greg Bums and Ruth Urell). ➢ A draft schedule for FY15 Selectmen and Finance Committee meetings are being discussed. Of note is the tentative schedule for Financial Forums as a follow up to the spring '14 budget discussions and capital planning discussions: July 30; September 10; October 29; next January 28, 2015. FINCOM meets in late May to finalize. ➢ The new Selectmen liaison assignments were finalized last week. Note that the Volunteer Appointment Subcommittee members are Dan Ensminger and Kevin Sexton. Does the VASC wish to interview every applicant for BCC's, or only 'new' applicants? We will need to set up VASC meetings in late May /Early June. ➢ A reminder, volunteers are a key ingredient for both the School department and Town government. We have recently sent out inquiries to all Town volunteers who have a term ending on June 30"' to see if they are interested in continuing to serve. For newcomers, please check out the Town's website for some volunteer opportunities and background information at http: //www.readingma.gov /town - manager /pages /volunteer- opportunities and if you see something that interests you then please download an application form at http: /Avww.readingma.gov/ sites /readingma /files/filefle /volunteer application.pdf. Note that in addition, there will be two openings as of July 15t on the Finance Committee because of term limits. ➢ Work on West Street continues, as well as on several other paving and water /sewer projects across town. The best single resource to check for project updates is on the Town's website at http: / /www. readingma.gov /engineering- division /pages /construction - projects. 0 Page 1 0 SELECTMEN'S LIAISON ASSIGNMENTS DRAFT as of May 10, 2014 BOS liaisons Administrative Services ➢ Board of Selectmen Ensminger & - Volunteer Appointment Subcommittee (VASC) Sexton ➢ School Department Arena & - School Committee - Regional School District Ensminger ➢ Municipal Light Department West - RMLD Board of Commissioners - RMLD Citizen's Advisory Board ➢ Bylaw Committee Arena ➢ Finance Committee Arena & West ➢ Ad hoc Charter Committee Arena ➢ Moderator ➢ Rules Committee ➢ Board of Registrars ➢ Constables ➢ RCTV Board of Directors Ensminger ➢ Reading Ice Arena Authority Halsey Community Services ➢ Ad hoc Zoning Advisory Committee West ➢ Community Planning and Development Commission (CPDC) Arena & ➢ North Suburban Planning Council (NSPC) & Metropolitan Sexton Area Planning Council (MAPC) ➢ Economic Development Committee ➢ Zoning Board of Appeals ➢ Reading Housing Authority Ensminger & ➢ Council on Aging & Mystic Valley Elder Services Sexton ➢ Board of Health Halsey ➢ Conservation Commission Arena ➢ Climate Advisory Committee ➢ Historical Commission Ensminger ➢ West Street Historical Commission ➢ Recreation Committee Halsey ➢ Fall Street Faire Committee ➢ Walkable Reading ➢ Celebration Committee Finance ➢ ➢ Audit Committee Retirement Board West ➢ Board of Assessors Ensmin er ➢ ➢ Commissioners of Trust Funds Veterans Memorial Trust Fund Committee West Public Safety ➢ Fire Department Ensmin er ➢ ➢ ➢ Police Department Animal Controls Appeal Committee Human Relations Advisory Committee HRAC Ensminger ➢ Coalition Against Substance Abuse (RCASA) Halsey Public Works ➢ ➢ Board of Cemetery Trustees Custodian of Soldiers & Sailors Graves Kevin #2 Sexton ➢ MWRA Halsey ➢ Trails Committee Halsey ➢ Town Forest Committee Halsey Public Library ➢ ➢ ➢ Library Board of Trustees Library Building Committee Cultural Council West STANDARD & POOR'S RATINGS SERVICES WGRAW HILL FINANCIAL RatingsDirectop Summary: Reading, Massachusetts; General Obligation Primary Credit Analyst: Victor M Medeiros, Boston (1) 617 - 530 - 8305; victormedeiros @standardandpoors.com Secondary Contact: Apple Lo, Boston (1) 617 - 530 -8316; apple.lo @standardandpoors.com Table Of Contents Rationale Outlook Related Criteria And Research 0 WWW. STANDARDANDPOORS .COM /RATINGSDIRECT MAY 8, 2014 1 1314254 1300171391 Summary: Reading, Massachusetts; General Obligation Credit Profile Reading GO Long Term Rating AAA /Stable Upgraded, Removed from CreditWatch Reading GO Unenhanced Rating AAA(SPUR) /Stable Upgraded, Removed from CreditWatch Many issues are enhanced by bond insurance. Rationale Standard & Poor's Ratings Services raised its rating on Reading, Mass.' general obligation (GO) debt two notches to 'AAA' from 'AA' and removed it from CreditWatch, where it placed the rating with negative implications on Jan. 14, 2014. The outlook is stable. We removed the rating from CreditWatch because the town provided us with sufficient and timely information. The upgrade reflects Standard & Poor's local GO criteria, published Sept. 12, 2013, on RatingsDirect. The town's full- faith- and - credit pledge secures the bonds. The rating reflects our opinion of the following factors for the town, specifically its: • Very strong economy, which benefits from participation in the broad and diverse economy of the Boston - Cambridge - Newton metropolitan statistical area (MSA); • Very strong management conditions with "strong" financial management policies under our Financial Management Assessment (FMA) methodology; • Very strong budgetary flexibility with fiscal 2013 audited available reserves of 15.3% of general fund expenditures; • Very strong liquidity, providing very strong cash levels to cover both debt service and expenditures; • Strong budgetary performance and stable revenue, independent of state and federal sources; and • Very strong debt and contingent liabilities position, bolstered by a low overall- net - debt -to- market -value ratio and rapid amortization -- We consider pension and other postemployment benefits (OPEB) liabilities manageable. Very strong economy In our opinion, Reading's local economy is very strong with projected per capita effective buying income of 170% of the national average. Market value is roughly $155,800 per capita. In our view, residents benefit from participation in the broad and diverse Boston- Cambridge- Newton MSA, which we view as a credit strength. According to the U.S. Bureau of Labor Statistics, Middlesex County unemployment was 5.6% in 2013. Based on our forecasts, we expect that employment growth will likely continue modestly through 2015 and that unemployment will likely remain steady. NO WWW. STANDARDANDPOORS .COM /RATINGSDIRECT MAYS, 2014 2 1314254 1300171391 Summary: Reading, Massachusetts; General Obligation Very strong management We consider Reading's management conditions very strong with "strong" financial management practices under our FMA methodology, indicating practices are strong, well embedded, and likely sustainable. In our view, Reading maintains best practices deemed critical to supporting credit quality; we recognize these are well embedded in the government's daily operations and practices. Formal policies support many of these activities, adding to the likelihood that they will continue in the future and that they will transcend changes in the operating environment or personnel. In our opinion, assessment strengths include management's: • Strong revenue and expenditure assumptions in the budgeting process, • Strong oversight of monitoring progress compared to the budget during the year, • Long -term financial plan, and • Five -year capital improvement plan. Reading maintains basic debt management and reserve policies, maintaining available reserves of at least 5% of general fund revenue. Very strong budgetary flexibility In our view, budgetary flexibility is very strong with available reserves of 15.3% of operating expenditures in fiscal 2013. For fiscal 2014, we expect Reading to produce balanced operations, resulting in available reserves remaining in -line with current levels. We understand officials do not expect the town to draw down reserves materially for nonrecurring uses. Very strong liquidity What we consider very strong liquidity supports Reading's finances with total government available cash of 38% of total government funds expenditures and 7.8x debt service. Based on past debt issuance, we believe the issuer has strong access to capital markets for liquidity, if necessary. Strong budgetary performance In our view, overall budgetary performance is strong. Despite a challenging revenue environment over the past several fiscal years, Reading's operations have remained, what we consider, stable. We believe, what we regard as, conservative budgeting and an improving economy have catered to a stable budgetary environment. In fiscal 2014, Reading realized a surplus of 0.1% for the general fund and a surplus of 2.3% for total governmental funds. For fiscal 2014, the town expects balanced operating results. Based on our macroeconomic forecasts, (please see the article, titled "U.S. State And Local Government Credit Conditions Forecast," published April 7, 2014, on RatingsDirect), credit conditions in New England remain stable, which should translate to ancillary revenue and taxable levy growth coming in as expected. In our view, however, management will need to remain proactive to ensure spending remains in -line with revenue. Very strong debt and contingent liabilities In our view, Reading's debt and contingent liabilities profile is very strong. The town has roughly $37.6 million of total direct debt outstanding, roughly $9.5 million of which is self- supporting enterprise debt. Net direct debt is 29.3% of total governmental funds revenue, and total governmental funds debt service is 4.9% of total governmental funds expenditures. We understand officials plan to retire approximately 85% of debt over 10 years; we consider this a credit WWW. ST "DARD"DPOORS.COM /RATINGSDIRECT MAY 8, 1014 3 1314254 1300171391 t Summary: Reading, Massachusetts; General Obligation strength. We view the net - debt -to- market -value ratio a low 0.7 %, which we consider a positive credit factor. In our view, Reading's pension and OPEB liabilities are manageable. Management has been proactive; it has taken steps to mitigate the long -term effects of this exposure on the town. Currently, the combined annual pension and OPEB cost is 8.3% of total government expenditures. Reading contributed 100% of the annual required pension contribution, and it has established an OPEB trust fund with a current balance of $1.2 million. Strong Institutional Framework We consider the Institutional Framework score for Massachusetts towns strong. Outlook The stable outlook reflects Standard & Poor's opinion that Reading's strong underlying economy, very strong management conditions, and predictable operating profile will likely translate into strong budgetary performance and operating flexibility over the outlook period. In addition, we expect Reading to maintain, what we consider, its very strong debt and contingent liabilities profile because there are no sizable long -term capital needs. We believe debt service, pension, and OPEB costs will likely remain a long -term budgeting pressure; we, however, note management has been proactively managing those factors. For these reasons, we do not expect to change the rating over the next two years. Related Criteria And Research Related Criteria USPF Criteria: Local Government GO Ratings Methodology And Assumptions, Sept. 12, 2013 Related Research • U.S. State And Local Government Credit Conditions Forecast, April 7, 2014 • S &P Public Finance Local GO Criteria: How We Adjust Data For Analytic Consistency, Sept. 12, 2013 • Institutional Framework Overview: Massachusetts Local Governments Complete ratings information is available to subscribers of RatingsDirect at www.globalcreditportal.com. All ratings affected by this rating action can be found on Standard & Poor's public Web site at www.standardandpoors.com. Use the Ratings search box located in the left column. W W W. STANDARDANDPOORS .COM /RATINGSDIRECT MAY 8, 4014 4 (3 1314254 1300171391 Copyright © 2014 Standard & Poor's Financial Services LLC, a part of McGraw Hill Financial. All rights reserved. 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It was believed things for the better would happen when the previous town manager retired. It is now obvious that is NOT the case. It is expected that over time the real estate taxes, like everything else, would increase. Recently notices went out about the new rise in these taxes, including those individuals who have a mortgage to pay. What was NOT expected was the HUGE jump to be paid in such a short notice. There was not much time for individuals to think about readjusting their finances in order to be able, if they can, meet any and all payments to be made, including every day -to-day bills received. Home owners expect their real estate taxes to rise FOR THE PROPERTY THEY OWN - - - NOT BECAUSE THE TOWN DECIDES TO PUT AN ADDITION ON THE LIBRARY AND INSTALL AN ELEVATOR. Some people do not go to the library, have NEVER gone to the iibiary, and now probably never will. This is so typical of this town --- when the board wants to do something STICK IT TO THE RESIDENTS TO FOOT THE BILL. The economy being what it is, everyone has tightened their belts, made sacrifices, done without just to make ends meet. It is apparent that it never occurred to you that some individuals, especially senior citizens on a FIXED INCOME, might not be able to afford the huge jump in taxes. Maybe it is time for those individuals, who can, move to another town so that, when it comes to real estate taxes, their finances will be better served. ONE WHO IS VERY SORRY IN MAKING THE DECISION TO LIVE HERE 0 LEGAL NOTICE � oeRf � 1- N s Y1 isJ9 + /MCORQ�� TOWN OF READING To the Inhabitants of the Town of Reading: Please take notice that 4bp. Board of Selectmen of the Town of Reading will hold, a public hearing on May 13, 2014 at 7:30 p.m. in'•the Selectmen's Meeting Rboip, 16 Lowell Street, Reeding, Massachusetts on transfer of a liquor license from Re"4g Fine Wines, LLC to f3roUs Brew and Fine Wines, LLC at 676 Main Street, anti,. -a change of Manager to Todd Brooks and pledge of, ilfe license. • ` . A copy of the propodeif document regarding this topic is available in the.T6* Manager's office, 16 Lowell Street, Reading, MA,. IU -:W1 Thurs from 7:30 a.m. - 5:40 p.m., Tues from 7:30 a:m. - 7:00 p.m. and is attached 16 the hearing notice cn thae' websitet www.readingma.gov All Interested partie$ are Invited to attend the hearing, or may submit thelr'com= ments in writing or by•emali prior to 6:00 p.m. on May. 13, 2014 . ** .. to townmanager @ci.readiog.ma. us By order of Robert W.LeLacheur Town Manager 4/24 1 ffoJ EXECUTIVE SUMMARY Transfer of Retail Package Store License and Change of Manazer- Brooks Brew and Fine Wines, LLC dba "The Wine Shop of Reading" May 01, 2014 Chief James Cormier Reading Police Department 15 Union Street Reading, MA 01867 Chief Cormier, As directed by your Office and in accordance with Reading Police Department Policy and Procedures, I have placed together an executive summary of the application for a Transfer of Retail Package Store License and Change of Manager Application for the Liquor License #101600019. The location of this license is 676 Main Street (dba "Wine Bunker "). The current licensee is Reading Fine Wines, LLC., and the proposed transferee is Brooks Brew and Fine Wines, LLC. Todd Brooks listed his current address as 110 Parker Street, Wilmington on the application with a previous address of 130 Parker Street, Unit Jl, Acton. However, all of his information showed his current address as 130 Parker Street, Unit Jl, Acton. I contacted Mr. Brooks and learned that it was oversight on his part. He still owns the property in Action, however he has been living in Wilmington for just under one year. After I made him aware of this issue, he promptly changed his information with the RMV. I find no reason why the license application should not go forward. Respectfully Submitted, & �r 3 Lt. Richard Robbins Criminal Division Commander 0 Town of Reading COMPLETE STREET POLICY Effective Date TBD Expiration Date None Date Last Revised Planning Board vote to recommend TBD Selectmen vote to adopt policy TBD COMPLETE STREETS POLICY Vision and Purpose: The purpose of the Town of Reading's Complete Streets Policy is to accommodate a wide range of road users by creating a road network that meets the needs of individuals utilizing a variety of transportation modes. The policy will be applied as a guide in decision - making in related infrastructure planning and construction. The Town of Reading recognizes the health, safety, economic viability, and numerous other benefits that can be achieved through application of Complete Streets principles. By incorporating Complete Streets as a guide, the Town of Reading will advance its efforts to provide safety and accessibility for all the users of our roadways, trails and transit systems, including pedestrians, bicyclists, transit riders, motorists, commercial vehicles, and emergency vehicles and for people of all ages and of all abilities. The Town of Reading aims to improve the health of its residents and acknowledges that Complete Streets can increase everyday physical activity by enabling additional walking and bicycling by its residents and visitors. It is the intent of the Town of Reading to formalize the plan, design, operation and maintenance of streets so that they are safe for all users of all ages and abilities as a matter of routine. This policy guides decision makers in consistently planning, designing, and constructing streets to reasonably accommodate all anticipated users including, but not limited to pedestrians, bicyclists, motorists, emergency vehicles, and freight and commercial vehicles. Core Commitment: The Town of Reading recognizes that roadway projects, whether new, maintenance, or reconstruction, are potential opportunities to apply Complete Streets design principles. The Town will, to the maximum extent practical, design, construct, maintain, and operate all streets to provide for a comprehensive and integrated street network of facilities for people of all ages and abilities. Where feasible, complete Streets design recommendations shall be incorporated into all publicly and privately funded projects. This includes transportation infrastructure and street design projects requiring funding or approval by the Town of Reading, as well as projects funded by the state and federal government, such as the Chapter 90 funds, Town improvement grants, Transportation Improvement Program (TIP), the MassWorks Infrastructure Program, Community Development Block Grants (CDBG), Capital Funding and other state and federal funds for street and infrastructure design. The same will be applied to private developments and related street c, I L' 1 design components or corresponding street - related components. In addition, to the extent practical, state -owned roadways will comply with the Complete Streets resolution, including the design, construction, and maintenance of such roadways within Town boundaries. The Town Engineer, in consultation with the Department of Public Works and/or the Parking/ Traffic/ Transportation Task Force as needed, will use best judgment regarding the feasibility of applying complete streets principles for routine roadway maintenance and projects. Other transportation infrastructure projects, including but not limited to roadway reconstruction, roadway reconfigurations, or subdivisions, transportation infrastructure may be excluded, upon approval by the Board of Selectmen and /or its designee, where documentation and data indicate that: 1. Where cost or impacts of accommodation is excessively disproportionate to the need or probable use or probable future use. 2. Roadways where specific users are prohibited by law. An effort will be made, in these cases for accommodations elsewhere. 3. Other Town policies, regulations, or requirements contradict or preclude implementation of complete streets principles. Best Practices: The Town of Reading Complete Streets policy will focus on developing a connected, integrated network that serves all road users. Complete Streets will be integrated into policies, planning, and design of all types of public and private projects, including new construction, reconstruction, rehabilitation, repair, and maintenance of transportation facilities on streets and redevelopment projects. Complete Streets principles include the development and implementation of projects in a context sensitive manner in which project implementation is sensitive to the community's physical, economic, and social setting. The context - sensitive approach to process and design includes a range of goals by considering stakeholder and community values on a level plane with the project need. The overall goal of this approach is to preserve and enhance scenic, aesthetic, historical, and environmental resources while improving or maintaining safety, mobility, and infrastructure conditions, with consideration as to reasonableness The latest design guidance, standards, and recommendations available will be used in the implementation of Complete Streets including: • The Massachusetts of Department of Transportation Project Design and Development Guidebook • Documents and plans created for the Town of Reading, such as: • Town of Reading South Main Street Design Best Practices (March 2012) • The Reading Bicycle Network and Pedestrian Priority Plan (MAPC, completion scheduled for spring 2014) • Boston Complete Streets Guidelines (2013) • The latest edition of American Association of State Highway Transportation Officials (AASHTO) A Policy on Geometric Design of Highway and Streets 2 (? • The United States Department of Transportation Federal Highway Administration's Manual on Uniform Traffic Design Controls (2009). • The Architectural Access Board (AAB) 521CMR Rules and Regulations Complete Streets implementation and effectiveness should be constantly evaluated for success and opportunities for improvement. The Town will develop performance measures to gauge implementation and effectiveness of the policies. Imnlementation The Town shall make Complete Streets practices a routine part of everyday operations, shall approach every transportation project and program as an opportunity to improve streets and the transportation network for all users, and shall work in coordination with other departments, agencies, and jurisdictions to achieve Complete Streets. Town shall review and either revise or develop proposed revisions to all appropriate planning documents (master plans, open space and recreation plan, etc.), zoning and subdivision codes, laws, procedures, rules, regulations, guidelines, programs, and templates to integrate Complete Streets principles in all Street Projects on streets, as well as potential off -road trails and paths. The role of the Parking/Traffic /Transportation Task Force will be expanded to implement this initiative. The Town shall maintain a comprehensive inventory of pedestrian and bicycle facility infrastructure that will prioritize projects to eliminate gaps in the sidewalk and bikeway network. The Town will reevaluate Capital Improvement Projects prioritization to encourage implementation of Complete Streets implementation. The Town will make its best effort, as resources allow, to train pertinent town staff and decision - makers on the content of Complete Streets principles and best practices for implementing policy through workshops and other appropriate means. The Town will utilize inter - department coordination to promote the most responsible and efficient use of resources for activities within the public way and will make a best faith effort to coordinate with adjacent municipalities to ensure a seamless network of facilities for all users of the roadway. The Town will seek out appropriate sources of funding and grants for implementation of Complete Streets policies. 3 s113�1'� Town of Reading BOARD OF HEALTH 16 Lowell Street Phone: (781) 942 -9061 Reading, MA 01867 -2683 Fax: (781) 942 -9071 Website: www.ci.reading.ma.us Hello, my name is Barbara Meade and I am the Chairperson of the Reading Board of Health. With me are fellow Board members Andy Friedmann and David Singer as well as Health Director Ruth Clay. We are here because we wanted to respond to comments made at the April 19th Board of Selectmen's meeting regarding the regulation recently passed by the Board of Health. The regulation raised the minimum age to buy tobacco and nicotine delivery devices to 21. We felt that it was important to come tonight to ensure that you, and the public, have accurate information. First of all, it was mentioned at that meeting that the regulation in question was "a policy issue" and was "outside the realm" of the Board of Health. Massachusetts' General Law chapter 11 section 31 gives boards of health general regulatory power to adopt regulations related to public health and the Supreme Judicial Court has repeatedly upheld that broad regulatory authority. Some issues may have implications to the community in addition to public health, such as economic implications. We discuss these at length and weigh them carefully but ultimately base our decisions on the public health of the community. Secondly, it was also mentioned that this regulation was rushed through and without notice. In fact, the Board discussed this issue at two separate meetings a month apart. It was posted on both of the agendas. In addition, this was communicated to the Board of Selectmen in the February monthly report by the Health Director, in a legal notice in the local paper a week before the meeting, and by letters sent directly to every local business which sells tobacco and /or nicotine delivery devices. A board of selectman was in attendance at the public hearing and spoke of supporting the passage of this regulation. We pride ourselves in being fully transparent in our business and is course our aim to involve the community as much as possible. Third, it was suggested that the regulation was a result of regionalization. We remind the Board that we are not part of a formal Board of Health district. Reading contracts with Melrose for a part -time health director who is also shared with Wakefield. The decision to change from employing a full -time health director to a third of one was not made by the Board of Health, nor were we in favor of this structure. While we sometimes meet with the Wakefield and Melrose Boards of Health to exchange health information, the three of us are all Reading residents who care deeply about the town of Reading (emphasis) and want to see it thrive, both in the area of business and public health. We make our decisions based on what is best for Reading, and Reading only. The regulation you were discussing was voted on, and passed by, the three of us. The health director does not have a vote at our Board meetings. Her role as staff is to provide us with information and new developments in the field of public health. She is a Reading resident. Her qualifications include a masters degree in public health from Harvard and almost 30 years of public health experience, including ten years as Reading's health director from 1986 -1996. Finally we would like to add that we were pleased to see Marcia West at our last Board meeting. She explained her concerns about the new regulation and we discussed the process by which the regulation was created. We were also able to share current literature on the impact of raising the minimum age. We now look forward to working with our new Selectmen liaison, John Halsey, as he learns about the role of the Board of Health and public health issues in public health. Thank you for your time.