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HomeMy WebLinkAbout2017-10-10 BOS HandoutFad. k Town of Reading e Meeting Posting with Agenda Vi l j' i $ ; M r 1 Board - Committee - Commission - Council: OICT -Li P 4. 061 Board of Selectmen Date: 2017 -10 -10 Time: 7:00 PM Building: Reading Town Hall Location: Selectmen Meeting Room Address: 16 Lowell Street Agenda: Purpose: General Business Meeting Called By: Caitlin Saunders on behalf of Chairman John Arena Notices and agendas are to be posted 48 hours in advance of the meetings excluding Saturdays, Sundays and Legal Holidays. Please keep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics that the chair reasonably anticipates will be discussed at the meeting must be on the agenda. All Meeting Postings must be submitted in typed format; handwritten notices will not be accepted. Topics of Discussion: 1) Reports and Comments a. Selectmen's Liaison Reports and Comments b. Public Comment C. Town Manager's /Assistant Town Manager's Report 2) Open Session for topics not reasonably anticipated 48 hours in advance of the meeting 3) Proclamations /Certificates of Appreciation 4) Personnel & Appointments 5) Discussion /Action Items a. Appoint MAPC Representative(s) 7:10 b. JAMS for Jake 7:15 C. Police Officer & Firefighter Badge Pinning 7:30 d. Public Safety Staffing Overview 7:45 e. Depot / Compost Sticker 8:30 f. Home Rule Petition April 2017 — Commercial Marijuana Ban update 8:55 g. Continued Hearing — Board of Health Associate Member 9:00 6) Approval of Minutes a. August 29, 2017 7) Licenses, Permits and Approvals 8) Executive Session 9) Correspondence a. Correspondence to MassHousing, re: Eaton Lakeview Development b. Correspondence from Department of Housing & Community Development, re: Downtown Smart Growth District C. Correspondence from Commonwealth of Massachusetts, re: Small Scale Initiatives Grant d. Correspondence from Tennessee Gas Pipeline Company, re: Right of Way Maintenance Program e. Correspondence from Comcast, re: Miscellaneous Information This Agenda has been prepared in advance and represents a listing of topics that the chair reasonably anticipates will be discussed at the meeting. However the agenda does not necessarily include all matters which may be taken up at this meeting. Page I 1 OF Rgq��� A, Office of the Town Manager 16 Lowell Street 63g INC oRQ��P Reading, . MA 03.867 To: Board of Selectmen From: Robert W. LeLacheur, Jr. CFA Date: October 5, 2017 RE: BOS Agenda for October 10th 781 - 942 -9043 townmanager@ci.reading.ma.us www.readingma.gov /town- manager Next week the VASC is attempting to meet to interview candidates for a vacancy in CPDC, and they may be able to bring a recommendation to the full board. As you know the planning /construction area is very busy in town and a full membership on the board would be very helpful. Jake Czuczwa, a RMHS grad from several years ago, sadly passed away early this summer. Jake was well known to RCASA as he bravely battled addiction, and he is greatly missed in the community. Some of Jake's friends presented an idea to the RCASA Board a month or so ago, to create an event in late October to honor his memory, and to help raise resources and awareness in the fight against the opiod epidemic. Right away I could see the odds that they would enjoy huge success, and planning was important. Subsequently they have worked with Town staff on the logistics of the event, including a full Design Review Team meeting at Town Hall. Jake was an acknowledged musician, and the all -day music festival 'Jams for Jake' will include many of his works. The societal pressures for our young people are well known, as are the pitfalls. While Jake's passing is a sad event, it is a remarkable thing to see this group of friends come together in such a positive and uplifting way. Following this presentation will be a badge- pinning ceremony for both the Police and Fire departments. In the Police department we welcome Andrew Kirwan, Zachary Fontes and Benjamin Woodward as new police officers. In the Fire department we welcome Jon Dyer as a new Firefighter /EMT and congratulate Bryan Ryan on his promotion to Lieutenant. Since both Chiefs will be there, I've asked them to give a quick preview of a staffing study they have worked on during the summer. More details will follow in December as part of your budget process. We have always been careful in public because an important part of public safety is the perception of the community, but as mentioned last winter we need to open up a bit so the community understands the situation. Please review the draft staffing studies, and we welcome your comments or questions in advance of the December meetings. The table below shows Police staffing levels over the past 40 years, a period of time where data is available. If 1975 was the right staffing level; we have fallen behind by 12 officers based on our population growth, which is the single biggest driver of staffing levels. Perhaps even more concerning is that we have fallen behind by an additional 5 officers since 2010, a time during which most residents are living in higher density housing, which statistically requires more public safety calls nationally. Police Staffing history 1975 20 . ,.n_41..,____ Population 22,609 24,747 ; 26,500 Residents /Officer 502 589 646 1975 equiv. staffing 49 53 shortfall in staffing 7 12 Over time in many disciplines, technology and improved equipment has replaced labor. Certainly we need less Public Works employees to lay a water main than was needed in the 1890s when most of our infrastructure was first built with shovels. Indeed over the past several decades, DPW staffing is down from about 125 employees to 45 employees. However this substitution of capital for labor is generally not true in public safety. When one considers the enormous changes in required 'paperwork' for public safety (legal and medical), advances in technology has at best kept pace with those increased demands. The basic jobs of police and fire remain the need to be physically present for the community. We will then have a brief discussion of the depot /compost stickers. The decision needed is if the Board wishes to change from one sticker for both uses to something else. I would suggest two stickers — one for the compost center only and one for both uses. Please see an email from the Town Accountant suggesting an upper limit for the depot -only set of costs, as well as other backup material for each use. The Board does not specifically need to set fees at this meeting, although that will be needed by mid- November when they go on sale to the public. The last agenda item will be the Hearing for the Board of Health Associate member. As material she circulated to you recently has again suggested criminal behavior on my part (by mention of the District Attorney), I will refrain from any participation until such time as that new issue is resolved. Thanks for your attendance at the Reading Embraces Diversity and Economic Development meetings earlier this week, and a reminder that in addition to your regular Tuesday meeting we have a Financial Forum next Wednesday, at 7:30pm in the conference room of the Public Library. oPRFAp�jY r s39'INCORq��P Robert W. LeLacheur, JR. CFA Town Manager 16 Lowell Street Reading, MA October 5, 2017 Town of Reading 16 Lowell Street Reading, MA 01867 -2685 phone: (781) 942 -9043 fax: 781- 942 -9071 w: www.readingma.gov e: townmana2er(&ci.readin1!.ma.us In summary, the Town sells about 4,000 stickers each year to residents for the combined use of the train depot and the compost center. We sell them at the Police station to allow residents 24/7 access but also because the Police department verifies that the application meets the residency requirement. Past efforts have at best yielded an estimate that because of the seasonal pattern of sales at least 25% of these stickers are bought by commuters — although they may range from daily to less frequent riders of the train. Stickers are available for a calendar year. The cost for a first vehicle is $25, and then $10 for each vehicle but they must be processed all at the same time. A return trip for additional vehicles does not yield this discount. Seniors over age 65 pay a discounted rate of $15. The resident and their ID must be present to purchase a sticker. The combination of discounts leads to an average revenue per sticker of about $20 to the Town. Cost estimates for this service are very difficult to calculate. Elements of that calculation are broken down into three parts. First is a generic cost associated with the stickers and their acquisition. This includes the cost of the stickers, time spent by dispatchers; time spend by police /dispatcher supervisors verifying residency requirements are met through contact with the RMV or other sources; and occasional follow up questions at either Town Hall or the Police Station. We have no specific estimate of these costs. Second is a set of costs associated with the Compost Center. These include DPW staffing; tax worker staffing; DPW time spent working in the compost center on materials in addition to hours open to the public; and expenses. As you can see from an. attached memo I wrote to CPDC, the amount of trips to the compost center have fallen quite a bit since we re- instituted fall and spring curb -side leaf pickup. From a purely financial angle the town lost money on this choice — a cost of about $25,000 annually as part of the Rubbish contract — but it seems clear that the benefit to the residents and reduction of traffic volume are worth that cost. Also note that the cost of the compost center is unrelated to the amount of trips as opposed to hours of service. Another factor in costs is the volume of material, which is generally inversely related to the strength of the local economy as some residents hire contractors to remove yard waste when times are good. Our best estimate of the costs of running the compost center is $80,000 each year. This could be viewed as $2.20 per vehicle trip, or about $27 per sticker if we guess that 3,000 stickers are sold for this purpose. For the train depot, the DOR has not yet opined on the direct loss of State Aid as a legitimate cost for a fee. We do have a set of other costs including DPW snow removal and general depot property maintenance, and then public safety parking enforcement efforts (including both the parking enforcement officer but also police officers). An estimate for these costs is $110,000 — or about $110 per sticker if we assume 1,000 stickers are sold for this purpose. Please see a memo from the Town Accountant suggesting you limit the maximum price for a depot -only sticker to be no more than $200. This includes the $110 plus the initial acquisition costs, and presumes the loss of state aid will not be allowed as a cost element. On balance, therefore, we have a cost estimate floor of $27 for the compost center and $110 for the depot parking, plus some unknown amount to acquire the sticker in the first place. I suggest two different stickers — one for the compost center only, and one as a combined depot/compost sticker. If a resident buys compost only and then wants to upgrade, we can accommodate that with a payment of the difference in fees at any time. I also suggest eliminating the discount for additional vehicles. At the current price it is a no- brainer to add extra cars — all your cars - and eliminating this discount may lead to a slight reduction in sticker volume. I don't think the town needs to incentivize the sale of additional stickers. I strongly suggest leaving a senior discount in place, at least for the compost center. Based on all the above, I suggest the Board leave the compost only fee at $25 but change it to every vehicle, with a discountof either $15 or $10 for seniors over age 65. I suggest the Board price 'a combined depot/compost center no less than $100 nor more than $200. That price increase could be phased in as the Board may wish. Remember, parking in the MBTA lot for regular out of town commuters costs about $900 annually. If the Board wishes to study alternatives, such as a daily rate with smart-phone technology, staff would need several months to determine that course of action, and it would be appropriate to consider that as a broader downtown parking study. So the Board is aware, my draft capital plan will request funding from the general fund and all three enterprise funds in FY19 to evaluate our downtown infrastructure (above and below ground) in light of the 40R expansion and significant volume of activity already. Part of that could be a full traffic /parking study. 2 Sea °FR�q� -� Town of Reading �.b 16 Lowell Street ,639'INCORQO�P Reading, .MA 01867 -2685 FAX: (781) 942 -9071 Email: townmanager@ci.readi.ng.ma.us TOWN MANAGER Website: www. readingma.gov (781) 942 -9043 To: Julie Mercier on behalf of CPDC You have asked about traffic generated in regards to the Compost Center, because of a recent discussion concerning Meadowbrook. Below please find our records of annual trips to the Compost Center since 2003 and through 2016. The clear downward trend has been influenced by the Town restoring curbside leaf pickup on a few dates in both the spring and the fall. These figures only includes trips going through the Compost Center when it is open, as counted by staff or senior tax workers assigned to oversee the area. Annual visits to the Compost Center 2003 43,279 48,000 ~— -- 20041 41,332:. -- _ 2005: 45,591 46,000 _ 2006; . 43,464 44,000 - ... -.- 2007: 43,428 42,000....... 20081 46,102 .. __ . 20091 40,554 40,000 = 2010; 42,847 38,000 2011; 41,569 36,000 - 2012; 38,353 . . ... z._. . _... _ - 2013 41,544 _. 34,000 _ 2014; 37,893 32,000 2015, 36,394 , 30,000 2016; 35,873 2002 2004 2006 2008 2010 2012 2014 2016 2018 For the partial year 2017 we have seen 16,190 trips, which is about in line with the previous year. Please let me know if you have any further questions. LeUtcheur, Bob From: Angstrom, Sharon Sent: Tuesday, October 03, 2017 3:05 PM To: LeLacheur, Bob Subject: Depot Stickers I would advise the BOS to not exceed $200 per parking sticker until I am able to fully study the related costs. Sharon .angstrom, CPA, CGA, CG-%A Finance Director /Town Accountant Phone - 781- 942 -6604 FAX - 781- 942 -9037 Please note new Town Hall Hours Effective June 7, 2010 Monday Wednesday Thursday - 7:30 am to 5:30 pm Tuesday - 7:30 am to 7 pm Friday - CLOSED When writing or responding, please remember that the secretary of State's Office has determined that email is a public record. This communication may contain privileged or other confidential information. If you are not the intended recipient, or believe that you have received this communication in error, please do not print, copy, retransmit, disseminate, or otherwise use the information. Also, please indicate to the sender that you have received this email in error, and delete the copy you received. My name is Pamela Adrian, Spokesperson for the Gould and Green Street Neighborhood Alliance. This is a suggestion directed to the Selectmen, Town Meeting Members, and Town Manager: We, the Alliance, respectfully request that the Town of Reading institute a Town -wide moratorium immediately on all building and approvals for development of all 40R and 40B projects unless and until a Design Code and Code of Conduct can be developed in concert with the Abutters of any proposed 40R/40B projects. This request is made so that: • Proposals from developers comply with the wishes of the Town and its Residents • The History of the Town of Reading and any historic buildings are preserved • Neighborhoods are preserved and protected from rampant and unmanaged growth • Our Residents' Quality of Life is un- trampled. • All concerns by abutters be countenanced with responses provided in writing from both the CPDC and the developer on a project -by- project basis. We recommend that a mediation process be used. • The CPDC, developers, and abutters can work in concert with one another and are mutually respectful. We further recommend that any plan, once it is proposed and approved by the CPDC, DOES NOT CHANGE without the consent of all parties- I cite changes to the Haven St. project that leaves us with a PINK building, which was never approved and not in the original plan. The Town should withhold occupancy permits when developers are not in compliance. The goal here is to make the process more harmonious and more in keeping with the Town, so there is managed growth. Further, where there is an impact on traffic and /or parking, population density, road conditions, and other critical factors, that the Town respond with a plan for dealing with increased demands on policing, traffic management, and school staffing, so that the Town is anticipatory as it applies to infrastructure changes. Note: The Gould and Green Street Neighborhood Alliance is 30+ person group comprised of abutters of the 20 -24 Gould Street proposed development project. The members reside on each of the three adjoining streets (Gould Street, Green Street, and Ash Street). Saunders, Caitlin From: Lel-acheur, Bob Sent: Monday, October 09, 2017 2:50 PM To: Saunders, Caitlin Subject: FW: SNL - Mission of Deeds Drive is Best of All Time! BOS packet From: Carl McFadden [ cmcfadden @readingbasketball.net] Sent: Monday, October 09, 2017 2:39 PM To: Town Manager; Doherty, John; Linda. Dockser@ read ing.k12. ma. us; Charles. Robinson@reading.k12.ma.us Cc: Bill Robichaud; jkmurphy1212 @gmail.com Subject: FW: SNL - Mission of Deeds Drive is Best of All Time! Bob /John, know the coming months are going to be difficult. However, when you get frustrated, look back at this email and remember this is what "Reading" is all about. The previous record for the MOD was 400 items. Carl From: Jim Murphy [mailto:jkmurphy1212 @gmail.com] Sent: Monday, October 09, 2017 1:30 PM To: Bill Robichaud; cmcfadden @readingbasketball.net Subject: Fwd: SNL - Mission of Deeds Drive is Best of All Time! ---- - - - - -- Forwarded message --- - - - - -- From: Bruce Murison < bruce .murisongmissionofdeeds.org> Date: Mon, Oct 9, 2017 at 1:11 PM Subject: SNL - Mission of Deeds Drive is Best of All Time! To: Jim Murphy <j kmurphy I 212 gmail.com> Cc: Donna Snow <donna snowgcomcast.net> Hi Jim, Our gratitude is endless for what the kids, the parents, you and your colleagues did to make the SNL drive for Mission of Deeds such an overwhelming success. Donna and the ladies who volunteer in our Linens Room have been like little kids themselves this morning, as they excitedly sorted and organized all the wonderful items. All agreed that, without a doubt, this was the best drive we have ever had. I know that was your goal and you succeeded. The item count is 758, so far, and will go up as people drop things off here and as we add items we get next Saturday. The quality is outstanding — unquestionably, Mission of Deeds has never had a drive with such a high percentage of brand new items. As excited as we are, the most important part is how excited the people we help will be, as they are able to provide bed linens to their kids that are just as good as the parents of SNL kids provide to their children. It is clear that the SNL families had that standard in mind as they shopped for their donations — the quality is so good. It was such a pleasure to be at SNL and meet everyone and see the enthusiasm. We thank you so much for choosing Mission of Deeds as the charity to benefit from SNL's outreach. Donna, Ray, Joe and all the volunteers at Mission of Deeds join me in these thanks and in admiration for what SNL has accomplished in this drive and everything the organization does for the kids. Best wishes always and again, many, many thanks. Bruce p V" ';kN i�,, October 10, 2017 Nick Safina Chair, Community Planning and Development Commission Town of Reading 16 Lowell Street Reading, MA 01867 Dear Nick, Ron Weston 63 Blueberry Lane Reading, MA 01867 When the CPDC, Selectmen, and ultimately Town Meeting, decided to expand Reading's Smart Growth District to include Gould Street and effectively Green Street, with that decision came your, the CPDC's, fiduciary and moral responsibility to protect these residential properties from future inappropriate development and encroachment. Some of us disagree with the scope of that expansion, and are not at all pleased with how that expansion "unfolded ". Regardless how we got there, you and the members of CPDC, are now ethically obligated to insure that the abutters to the proposed 20-24 Gould Street re- development project are not deprived of their longstanding "grandfathered" rights to sunlight, fresh air, healthy breezes, and reasonable sight lines. For the abutters closest to the proposed construction, their property values and quality of life should not be destroyed by "walls of bricks and mortar" in their literal faces. I therefore implore you to require the developer to reduce the height and massing of his design, pull in the footprint, and provide significantly more clearance (setback) from the abutters' property lines. Please put yourselves in the shoes of our Green Street neighbors as you deliberate, decide, and determine the destiny of this residential 150 year old neighborhood. Sincerely, 76x Ron Weston (Concerned citizen, Veteran, and 56 year resident of Reading) CC. Reading Board of Selectmen Community Planning and Development Commission 61 .01 WIV 0 1 DO L101 May 11 Donna Pierce travel report June 18 Email from Donna Pierce June 21 BOH Meeting Minutes: http://webdoes.readingma.gov/weblink/O/doe/377208/Page1.asp x No motion to appoint Health Agent (page 2, end of first full ¶) Reference to "prior information she had received as a board member regarding personnel" (page 2, second full ¶). July 17 Town Counsel correspondence July 19 BOH Meeting and Executive Session Agenda: https: / /www.readingma.gov /sites /readingma /files /agendas /health 7- 19 530pm.pdf Minutes: http://webdoes.readingma.gov/weblink/O/doe/377978/Pagel.g-§px Advice from Cheryl Sbarra (MAHB): "[A]ll personnel issues are handled by the Town Manager." (Page 2, ¶ 1) Reference to "information received regarding the character of an employee." (Page 2, ¶3) Reference to "the attorney who had the same information." (Page 2, T3)• Motion to enter executive session "to discuss scheduling" (Page 3, ¶1). Advice from Town Counsel: "all personnel issues are handled by the Town Manager." (Page 3, ¶2). Opinion of Town Manager: "nothing in the letter that was of substance to start an investigation." (Page 3, ¶4). August 7 Nancy Docktor files public records request for "All Public Health Inspections Since June 1, 2017." 0 August 8 BOH Executive Session: "reason #5 — to investigate charges of criminal misconduct or to consider the filing of criminal complaints." Meeting called by Nancy Docktor Agenda (Health Agent): http: / /www.readingma.gov /node /91433 Video of meeting: https://www.youtube.com/watch?v=WluVTUcKGIA After executive session, said that they were requesting email communications. BOH Public Records Request: "all electronics communications between the Town Manager, Robert LeLacheur, Assistant Town Manager, Jean Delios and Laura Vlasuk and Bob Bracey between June 1111 and August, 8, 2017." Notice to Laura Vlasuk re executive session "to discuss matters relating to you." August 15 BOH Executive Session: "reason #1 — to discuss the reputation, character, physical condition or mental health, rather than professional competence, of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against, a public officer, employee, staff member or individual." August 16 BOH Meeting Draft Minutes: http://webdocs.readingma.gov/weblink/O/doc/379585/Pagel.as-P x Vlasuk "not able to do an inspection because she had not been appointed by the board." ) page 2, ¶4). Motion to appoint Health Agent. No second. (Page 3, ¶4). September Notice to N. Docktor 13 Purpose of Travel: Li Town of Reading, Massachusetts Travel Reimbursement Form h r) 0-. P) c- r (" ("' Point to Point Total Descrip Date Travel Description Mileage Itemized E v k. or) -1-ra V C Total Mileage Total Other Expenses (invoices Attached) 0,535 Cents per mile Total Travel Reimbursement Charge Account Prof Dev Travel . .. .... .. .. ...... . .... . I hereby certify under the pains and penalties of perjury that, k') tiii' is accurate and connected to Town J,st of my knowledge, alow 01 supetv1sor "Itofe Of I U (A 000 0,00 U3, nd,or- I)Iv Purpose of Travel: 1750 o ck, L Iption of Cost of Date Tri I Expenses E_ xpense Total Other Expenses (Invoices Attached) 0,00 0,535 Cents per mile Total Travel Reimbursement Charge Account M .. .... Prof Dev Travel I hereby certify under the pains and penalties of perjury that, ilifolulption is accurate and connected to - Town hL, Q 'o, f T t �'I v I(Il'o, (9 supervisor NPIMMI'm lr�l li'j"I fy ol� - - - -- Original Message--- - From: Elizabeth Shurland <eshurland @yahoo.com> To: john powers <jcahjp@yahoo.com >; John Costigan <pin13 @aol.com> Sent: Sun, Jun 18, 2017 11:26 pm Subject: Fwd: Donna's Resignation FYI J 4, From: "bob pierce" <Ijp2002@.verizon.net> Date: June 18, 2017 at 5:13:29 ISM EDT To: <eshurlandCawahoo.com> Subject: Donna's Resignation Beth, This. is my husband's e- mail,mine is down..Could you please also forward this to Nancy, John and Andy.Thank you. This is to inform you of my resignation as of Thursday June 15th,2017 as the Public Health Nurse for the Town of Reading. I have completely enjoyed the past 2 years as Public Health Nurse.l was so proud of the job I did for the town and all of it's residents.[ have learned a great deal and have made many friends in the process. This decision did not come lightly.[ agonized over the decision because of my love for my position and my profession. I felt I had no choice but to resign my position due to the disrespectful, confrontational, condescending, distrustful and hostile atmosphere that became the new environment. Some examples: On the first day, I had left a card for the new Health Agent to welcome her. As I approached my very small cubicle I noticed that my limited counter space was piled high with items that were not wanted by the health agent. Also, under my desk was so full of items that I had no room for my legs. Storage containers were moved as well. When I asked her what all these items were she very matter of factly.stated that she did not want these items and that I could get rid of all my-personal items such as nursing and educational and award certificates and find room for everything. She then also stated that without a conversation she has called maintenance to come and move 3 filing cabinets to fit the vaccine refrigerator. Space is very limited and tight so she came into my space and started to shove items onto my shelves. Later I filled out the proper paperwork to request approval for a HEAT conference, this is for addiction,and this was denied I was told because it did not directly relate to the needs of the town. I then filled out the proper paperwork for my mileage for the month of May.l was told to provide proof of the pre- approved conferences -2 -.and proof of the 1 mileage. I did.This was crossed out and was denied.My computer print out was not accepted,another was printed by the health agent and the mileage form was filled out by her.not me.and it was 10 miles less. Another day I was approached by the health agent and I was told that I would no longer be submitting a monthly Public Health Nurse report that I would be required to document daily and to submit a weekly report with my time sheet,to be combined with the inspector's report. I was concerned that my documentation could be deleted,edited or completely removed.) am very proud of the job I do and I deserve credit for everything including articles read by me from the CDC;D.PH. and EPI. I asked the health agent if this new idea was run by the BOH. The health agent pointed her finger at me and said "look,you answer to me and 1 report to no one,not even the BOH,I only report to 1ean..l replied "yes, I answer to you but, we both answer to the BOH and she replied oh no I don't. I was also told by the health agent that I would be spending all my time in the office and not at educational conferences,seminars or at the vitally important monthly Public Health meetings. I explained that education is an integral part of nursing as well as obtaing CEU's to be able to continue with my nursing license. The health agent defiantly stated that the town cannot afford*to allow me to go to all of this education. Even if the conference is free just like the monthly Public Health meetings it costs the town if 1 am not in town hall. She then stated that all education is not that important..As a professional nurse who bases all actions on education and facts this was highly insulting and offensive. Lastly,l was told that if 1 need to vary from my scheduled hours that I need to submit the request in writing to be approved by the health agent and the assistant town manager-This request is demeaning and offensive..) have prided myself on being extremely flexible to the needs of the town and it's resident's when it comes to a home visit,a flu shot,a blood pressure check, evening and weekend flu vaccine clinics. The needs of the town's residents don't always fit like a neat little package into my 4 hour block of time..When I have been very accommodating the resident's are very grateful and have always sent me a thank you card. As a 37 year veteran in the nursing profession I find that others who are not in the profession have no clue what is involved in continuing education.This can be a very intense profession as I have spent 35 years in Intensive care.; I have multiple certificates, awards,and certifications necessary to care for the sickest patients. I would not want a nurse caring for me in the field such as Public Health or in the ICU unless I knew she was well ed.ucated and knowledgeable. I am proud of the job I have done for the town of Reading and I am more proud that I am a Nurse. Donna L. Pierce R.N.PHN PCCN PRP OCN Town of Reading Meeting Minutes i C Board - Committee - Commission - Council: Board of Health 1011 JUL 21.1 A Iii 31 Date: 2017 -06 -21 Building: Reading Town Hall Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Time: 5:30 PM Location: Berger Room Session: General Session John Costigan, Chair, Beth Shurland, Nancy Docktor, Associate Members - Not Present: Others Present: Dan Ensminger, BOS Liasion, Jean Delios, Andy Friedmann, Laura Vlasuk, John Fralick, Emmy Dove, Peg Drummey Minutes Respectfully Submitted By: Darlene Foley Topics of Discussion: Board of Health meeting came to order at 5:30 pm on June 21, 2017 in the Berger Room of Reading Town Hall. Minutes Minutes of May 17, 2017 were presented. Motion was made by Docktor to accept the minutes, seconded by Shurland. Motion passed 3:0 BOH Appointments Costigan introduced Laura Vlasuk as the new health agent who then provided some background information having worked in Malden and Everett. In accordance with MA General Law Chapter 111, Section 27 regarding the appointment of a health agent, Docktor inquired if the health agent would be reporting to the Board of Health (BOH) or the town manager; the concern being that Boards of Health are not being influenced by any local politics. Vlasuk responded she hoped to work together with both to ensure everyone's needs are met and everything is safe for the community. Docktor posed a question to Delios and Ensminger as representatives of the town manager and Board of Selectmen, if the town was willing to authorize any expenditure of the town's funds to defend any possible legal suits which may be created or exist regarding the appointment. Ensminger responded asking why the question was being raised. Docktor stated she wanted to make sure that the Board did not have any legal obligation or risk for making the appointment. Ensminger was unable to answer the specific question. However, he did state that the town has primary coverage of liability for errors and omissions; any board member acting in his or her capacity was covered. Shurland stated the loss of three members of the Health Division staff within the past six months was not the kind of turnover that was beneficial to the town and there needs to be a type of management style in place to ensure staff will stay intact for a longer period of time. Docktor added that a recent Boston University study indicated twenty-four percent of municipalities do not have public health nurses. With the loss of the public health nurse, Donna Pierce, she couldn't begin to calculate the impact it will have on the town. Pierce had presented a resume that one does not often come across. She was over qualified for the position and practiced with professional autonomy using excellent clinical judgement. Docktor stated she doubted another resume unfortunately would be received that comes close to that of Donna's with all the certifications that went beyond what the job required. In speaking for all board members she stated they regret losing her and felt this was a big loss for the town. Costigan stated he was saddened by the loss and her service to the town was exemplary. Shurland added the services of Joan Vitale were exemplary as well. Costigan asked if there was a motion to appoint the health agent. Docktor inquired if there was a probationary period allowed for the appointment to the Board of Health and what happens if an appointment is not made. Delios stated probationary periods are covered under personnel policies. Ensminger stated the Board was not allowed to meet in executive session. The appointment of the health agent is according to State statute. Cheryl Sbarra, Legal Aide through MAHB could be contacted for clarification regarding the appointment of a health agent. Costigan stated he would like to move forward with the appointment. Docktor stated she had serious concerns in terms of the last resignation moving forward with the appointment despite having received assurance from Vlasuk that she would be reporting to the Board and assurance from Ensminger that the town was willing to fund any type of defense that might arise around the appointment as representing the Board. Costigan stated that the Board expected open dialogue from the health agent. Costigan asked if there was a motion to appoint Laura Vlasuk as health agent. No motion was given. Ensminger inquired what additional information was needed to make the appointment of the health agent. Docktor responded that because of prior information she had received as a board member regarding personnel she was not ready to make a motion. Vlasuk stated the matter being referred to had nothing to do with the board. She was aware of the matter, has sought legal counsel, and was aware of her rights. Going forward she asked to discuss matters pertaining to the town and the board and how each could accomplish their jobs. Ensminger inquired if that could be done. A motion to appoint Laura Vlasuk as health agent was made by Costigan. No second was given. Docktor was appointed to continue to serve as a voting member of the BOH. John Fralick was introduced as the part time health inspector working 14 hours per week. He gave his background information working as the full time health agent in Stoneham. A motion was made by Docktor to appoint Fralick as the part time inspector effective September 11, 2016; seconded by Shurland. Motion passed 3:0 Chair Report Costigan had met with Delios and Vlasuk and discussed a plan for coverage with North Reading. He also spoke with Representative Brad Jones' office regarding a bill in the legislature. He registered his opposition to H.1112; a bill that would usurp boards of health and conservation commissions' authority in regards to wetlands and Title V issues. Costigan drafted a letter to Speaker Robert DeLeo in support of House Bill 2864, raising the legal age to purchase tobacco to 21 and prohibiting tobacco sales in health care facilities. A recent CDC article headlines report the first decline seen in vaping among US teens. The drop was significant, falling from 3 million in 2015 to 2.2 million in 2016. The overall decline in tobacco use by high school and middle school students dropped from 4.7 million teens in 2015 to 3.9 million in 2016. It seems the efforts of the public health communities have done some good. Pesticide Regulations The proposed pesticide regulations were discussed including the opinion from town council. Additional changes will be incorporated. Costigan will meet with the town manager for his input. When a final draft is available it will be sent to Jane Kinsella, Public Works Department who had given prior input along with Bill Keating, the former tree warden. Shurland suggested having a time line for the approval process including a public hearing. Open Discussion Meeting adjourned at 6:30pm. Materials Distributed: Draft minutes of May 17, 2017 Letter to Speaker DeLeo Miayares- and HarringtonLLP J. RN I111,nd 1"Mivmrc�.� `1'homws J. I I,mrirl; John Costigan July 17, 2017 Page 2 of 3 II: Town of Reading Home Rule Charter A. Legal Status of the Charter The "Home Rule Amendment," Article 89 of the Massachusetts Constitution, was adopted in 1977. In general, the Amendment reaffirms the "customary and traditional liberties" of the people to conduct their local government, and grants and confirms their "right of self - government in local matters." This right is not unlimited, however. Specifically, Section 2 of the Amendment provides that "[t]he provisions of any adopted or revised charter . or any charter amendment shall not be inconsistent with the constitution or any laws enacted by the general court...." M.G.L. c.43B, §20, enacted in 1984 to implement the Home Rule Amendment, provides, in pertinent part: The provisions of any charter or charter amendment... shall be deemed consistent with the provisions of any law relating to the structure of city and town government, the creation of local offices, the term of office or mode of selection of local offices and the distribution of powers, duties and responsibilities among local offices. (emphasis added). Section 20 then lists certain types of state laws that charter provisions are expressly deemed to be consistent with as a matter of law— including, specifically, provisions "that any particular local officer or employee shall be appointed by any particular local officer." M.G.L. c.43B, §20(b). Section 20 has been interpreted to reflect the new balance of power that Article 89 established between the municipalities and the Commonwealth. Town Council of Agawam v. Town Manager of Agawam, 20 Mass.App.Ct. 100, 103 (1985). In Agawam, the Appeals Court held that a charter provision granting to the Town Manager the sole power of appointment of local officials without confirmation was valid despite a general law providing that all such appointments were to be subject to confirmation. 20 Mass.App.Ct. at 743. Because section 20 expressly provides that the mode of selection of local offices is within the discretion that municipalities may exercise by charter, the Court held that a municipal charter providing for such appointment must be deemed consistent with state laws. Id. As such, the Town's Charter is the controlling document to the extent that the Charter modifies state laws regarding appointments. B. Appointment of Reading's Health Agent and Delegation of the Board's Authority Section 5.2(b) of Reading's Charter describes the Town Manager's powers and duties. Specifically, it provides that the Town Manager has the power: "[t]o appoint and 2 .CHI Miyares, and. ffi-t rinc)Un LLP John Costigan July 17, 2017 Page 3 of 3 remove... all employees for whom no other method of appointment is provided in this Charter, except [persons not relevant here]." This section authorizes the Town Manager to appoint the Health Agent as no other method of appointment is provided for in the Charter, and the Board of Health is not among the boards exempted from operation of this section. By way of comparison, the Charter specifically provides for the appointment of the Town Manager, Town Counsel, Town Accountant and up to five constables by the Board of Selectmen. See Sections 3.2, 5.1, 6.2 and 6.3); the Superintendent of Schools by the School Committee. See Section 3.3); the Library Director by the Board of Library Trustees. See Section 3.4); the Municipal Light Department Account Manager and Counsel by the Municipal Light Board of Commissioners. See Section 3.5); and the Police Chief, Fire Chief, Appraiser, Ombudsman, Treasurer, Collector and Town Clerk by the Town Manager. See Sections 5.2.b 5.3, 6.4, 6.5 and 6.6). The Charter does not include any provision authorizing the appointment of a Town Officer by an appointed Board or Committee. To be sure, Section 4.4, establishing the Board of Health, provides that the Board "shall have all of the powers and duties granted to Boards of Health by the Massachusetts General Laws...." Similarly broad language appears in the Charter's provisions setting forth the authority of the Board of Selectmen See Section 3.2) the School Committee See Section 3.3), the Board of Library Trustees See Section 3.3), the Moderator See Section 3.6), the Community Planning and Development Commission See Section 4.5) and the Housing Authority See Section 4.9). With respect to the Health Agent, the Charter authorizes the Town Manager to appoint an employee to work under the Board, but to reserve to the Board the authority to delegate its powers as described in M.G.L. c.1.11, §30. I note that the Board's statutory authority to delegate its powers to an individual to act in emergencies or when the Board cannot conveniently assemble is unique among local boards and committees, reflecting, no doubt the need for quick action when public health may otherwise be at risk. For this reason, I recommend that the Board promptly delegate its authority pursuant to M.G.L. c.111, §30, so that appropriate measures can be taken in a timely fashion in order for public health to be protected. Please let me know if you have any questions. Sincerely, J. Raym d Miyares cc: B.LeLacheur I OEM IS O�y r R r O c Town of Reading �rN Y Meeting Posting with Agenda Board - Committee - Commission - Council: Board of Health Date: 2017 -07 -19 Building: Reading Town Hall Address: 16 Lowell Street Purpose: General Business Meeting Called By: John Costigan, Chairman Time: 5:30 PM Location: Berger Room TOWN CLERK 1 °FAOI� ('G, MASS. 1011 JUL 13 A 8 52 i Notices and agendas are to be posted 48 hours in advance of the meetings excluding Saturdays, Sundays and Legal Holidays. Please keep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics that the chair reasonably anticipates will be discussed at the meeting must be on the agenda. All Meeting Postings must be submitted In typed format; handwritten notices will not be accepted. Topics of Discussion: - Acceptance of Minutes of June 21, 2017 - Chair Report - Pesticide Update - Health Agent - Open Discussion This Agenda has been prepared in advance and represents a listing of topics that the chair reasonably anticipates will be discussed at the meeting. However the agenda does not necessarily include all matters which may be taken up at this meeting. Town of Reading Meeting Minutes Board - Committee - Commission - Council: Board of Health Date: 2017 -07 -19 Building: Reading Town Hall Address: 16 Lowell Street Purpose: General Business Attendees: Members - Present: Time: 5:30 PM T C: ...►. ., � is WSJ. 1011 IAIl P5�4?I Location: Berger Room Session: General Session John Costigan, Chair, Beth Shuriand, Nancy Docktor, Associate Members - Not Present: Others Present: Dan Ensminger, BOS Liasion, Andy Friedmann, Kyle Krupa Minutes Respectfully submitted By: Darlene Foley Topics of Discussion: Board of Health meeting came to order at 5:30 pm on July 17, 2017 in the Berger Room of Reading Town Hall. Minutes Minutes of June 21, 2017 were presented. Motion was made by Shuriand to accept the minutes with corrections, seconded by Docktor. Motion passed 3:0 Chair Report Costigan reported that Maureen Buzby, Regional Tobacco Control Coordinator had completed three visits to tobacco establishments. The first was to hand deliver notice of the public hearing, second in April to hand deliver the new signed tobacco regulations and in July to ensure everyone was aware of the regulations and answer any questions before the regulation becomes effective on August 1, 2017. Another visit will occur about a month after the effective date to check for flavored products. Warning tickets would be issued for any restricted products found. Fines will be issued for subsequent non - compliance. The letter to Representative DeLeo was mailed in support of House Bill 2864, an act to protect youth from the health risks of tobacco and nicotine addiction. The bill is still in the public health committee and has not been brought to the floor. Costigan will contact Senator Jason Lewis to get his opinion. Communication was received from Laura Vlasuk regarding a presentation being sponsored by the Reading Health Division and East Middlesex Mosquito Control about mosquitoes and ticks which will be held at the Reading Public Library on July 31st Health Agent Cheryl Sbarra, Legal Aide through MAHB was contacted for clarification regarding the appointment of a health agent and she provided very clear suggestions. The information provided was also run by the Attorney General's (AG's) office. Both offices concurred the Board of Health (BOH) was allowed or qualified to go into executive session. Docktor requested the Chair to call for an executive session for the sole purpose of discussion of giving notice. Sbarra had reviewed the Home Rule Charter and stated that while all personnel issues are handled by the Town Manager, the Board is allowed to go into executive session. The Attorney General's office stated it was not an executive session to discuss the qualifying reason; it is an executive session for the sole purpose to discuss giving notice, meaning the board would be planning an executive session, only to discuss notice in terms of schedules. The Board would be allowed to discuss notice; however, the tape must be turned off, the room would be cleared with only board members allowed to stay, roll call would be taken and someone would take notes. Ensminger stated he was confused and asked what the board was giving notice for. Docktor responded the Board may go into executive session purely for the purpose of discussing giving notice. Ensminger again asked to give notice for what. Docktor responded giving notice to plan. The Board qualified under the first reason required for an executive session to be held which is to discuss the reputation, character, physical condition, mental health, rather than professional competency of an individual, or to discuss the discipline or dismissal of, or complaints or charges brought against a public officer, employee, staff member or individual. The individual to be discussed in such an executive session shall be notified in writing by the public body at least 48 hours prior to the proposed executive session; provided however that notification may be waived upon written agreement of the parties. The Board would not be talking about the qualifying reason in this session. Costigan asked what the reason was for the board to meet. Docktor responded the meeting would be to plan, due to schedules, vacation and availability of the board. Docktor had received clear guidelines of what the Chair has to do for notifying the person that is to be discussed. Shurland inquired if a 48 hour notice had to be given for any executive session. Docktor replied yes; however, this was different because no one else is affected except the three board members. If the three members decided at this time to waive that requirement, they may do that in order to plan to go into executive session at a later date. Ensminger asked if this was run by town counsel. Doctor stated this is what she was going by in terms of Cheryl Sbarra who had read the Town Charter and the AG's office in terms of what qualified for executive session. Costigan asked if it was the opinion of the Board that they should plan an executive session because of information received regarding the character of an employee. Docktor stated it was strongly encouraged to do so by the attorney who had the same information the three board members had. Shurland stated they had to agree to set up a time to meet as a Board for the sole purpose of discussion of giving notice of a future executive session; that was all that is allowed to be discussed. Shurland asked if a motion was required to do that. Docktor stated the chair can be directed to make the motion; he would have RCTV turn off the tape, everyone would leave the room, the door would be closed and he would direct everyone that the board would be returning to open session. Ensminger asked if the executive session was on the agenda for tonight's meeting; generally that would be stipulated on the agenda to notify the public. Docktor stated she is going by what she had been given by the Director of Policy and Law to do in the next Board of Health Meeting. Information provided by the AG's office states if a discussion topic was proposed after the meeting notice was posted and it was reasonably anticipated by the chair more than 48 hours before the meeting, the public body should update its posting to provide the public with as much notice as possible; although the public body may consider a topic that was not listed in the meeting notice if it was not anticipated. The Attorney General strongly encourages public bodies to postpone discussion and actions on topics that are controversi or maybe of particular Interest to the public if they were not listed in the meeting notice. t l s Docktor stated she was not sure if the Board's schedules were of public interest or controversial. Docktor stated she was being very careful to make sure the BOH follows all of the regulations. Costigan made a motion to go into executive session to discuss scheduling. Shuriand seconded the motion. Ensminger stated the motion has to stipulate the reason for executive session; that being the qualifying reason 1 through 10. Docktor stated although the reason pertains to #1, they were not discussing item #1; they were meeting for the sole purpose to discuss scheduling. Meeting was adjourned at 5:50 pm for executive session and Costigan directed the Board would return afterwards to open session. At 5:57 pm the meeting reconvened to open session. The second issue addressed was regarding the health agent appointment. According to Jean Delios at the last meeting the board was told that they were not allowed to appoint the health agent temporarily; the town does not allow that. Costigan asked if she had the authority to tell the board that. Docktor was unable to find anything in the charter about that. According to suggestion from Sbarra and in an email received on July 18th from Town Counsel, it basically said the charter dictates all personnel issues are handled by the town manager; the town manager can hire or not hire. The Board cannot hire; they can only appoint and authorize. It was the suggestion of Sbarra the Board may temporarily appoint the health agent until which time the Human Resources Department (HR) concludes its investigation. The problem with that was according to Donna Pierce, no one from the town, town counsel or HR had contacted her regarding the letter that was shared with HR and the Town on June 18th. As a Board, they must direct the town to open an investigation into the public health nurse's allegations and concerns. Shurland asked for clarification about which letter was being referred to. It was an email the public health nurse sent to Shuriand, which was then forwarded to board members. Costigan then shared the email with Ensminger seeking an opinion and asking if the town had instituted any procedures. Shuriand questioned that Pierce had not reached out directly to the town. Docktor stated the town needs to reach out to Pierce directly. Costigan asked why the town would have an issue if nothing was brought to them. Docktor could only state from her experience working with battered women, child abuse and elder abuse, that when you have allegations, you must investigate. Costigan asked if she was saying that the letter he sent to the town liaison was sufficient for Investigation. She stated it was and also was according to the Director of Policy and Law; in fact directs the town and said she assumes that this was being done. Whether it is the BOH, the manager through Human Resources or someone else, it needs to be followed up. As a board, they may direct the town to follow up on the concerns of the public health nurse. Docktor stated this would be a way of clearing a lot up. Costigan stated he had brought that up with the Town Manager and it was the opinion of the Town Manager there was nothing in the letter that was of substance to start an investigation. Docktor replied there was enough substance that two lawyers have weighed in very differently from the town manager. She stated it would be nice to clear the air and move forward as this was holding up a lot of what the board would like to do. It would be good to move forward and let them do what they do; it was not the purview of the Board, but they could direct them to follow up on those concerns. Costigan said he would restate their case. Shurland asked what the process was for the board to request an investigation and what if the request was refused. Costigan responded that he thought it had already been decided that there was no cause for an investigation. Docktor said as a Board they could make a simple request to the town; the email from Cheryl Sbarra could be shared with town counsel and the town manager. Sbarra had stated it was an issue for town counsel. Docktor stated the letter shared by Costigan from Town Counsel was given to a lawyer to reduce the legalese for her in terms of what it said. It basically said the Board could vote not to delegate; they did not have to appoint. They could appoint anyone to give them the health reports temporarily, whether it was Bob Bracey, who technically is still the Health Agent. If he is not on the town payroll, the town inspector John Fralick could be temporaril appointed by the board to give them the reports as their agent. No one could do anything without the authority of the Board. Docktor asked if Costigan had received all of the health reports from Bob Bracey who was still the health agent. Costigan responded he had not received any reports since the last one all board members had received. It was a concern that the Board has a health agent who is not giving them their reports, which in turn makes them unable to do their job, because they have a health agent who is not reporting to them. Docktor asked Darlene Foley to give them the reports. Foley stated she did not have a lot of information to report. She had just received in the past of week a number of inspections that John Fralick had done. Shurland asked what happens to the inspection reports when received. Foley stated they normally go to the health agent for review. If any issues are noted they would be addressed. When she receives the reports, they are recorded, entered into laser fiche and filed. During this process she obtains some background information so if someone calls she is able to direct them to the proper person. Prior to those inspections recently received very few items had come across her desk. Docktor stated the concern that for the past two months the board had not been receiving any reports. Costigan said he spoke briefly with Bracey who assured him there was nothing of any emergency that required the Board; but he had not had a report in over a month. Shurland asked who is doing the work of the public health nurse. Costigan stated he was hoping to ask Jean Delios at this meeting. No one had notified Costigan, so that was a concern that the board had no information and are unable to do their job. They needed the reports from the health agent and also wanted to know what was going on with the public health nurse as those reports are very essential. Docktor asked Costigan if he had any sense of where that was, if the position had been posted or what had been done. Costigan had not been informed but will inquire. Docktor asked if the board could get from the health agent all correspondence /emails that had occurred between the health agent, Laura Viasuk and town management. Costigan asked if this was something the Board had the authority to do that could be obtained under freedom of information. Docktor stated Vlasuk was on record saying she was reporting to everyone, so she couldn't imagine there would.be anything that shouldn't be open to the Board. Costigan did not know that answer to that and he was uncomfortable requesting that information because he didn't know if it was their purview to. Docktor responded it was their purview because it was about the health department. They would like to have any email communications between the health agent and town management, with a list of meetings and their agendas twenty -four hours before their next meeting. Shurland stated the Board is mandated by the State to make sure inspections are being done. If they cannot get the reports they can't obey the laws that they are mandated to obey. Costigan stated the inspections are being done. Shurland said that the board has no proof of that. Friedmann stated the board was legally responsible to the State, not the Selectmen, Town Manager or anyone else. The board members have to make sure state laws and regulations are being obeyed; that is why the reports were always received. Costigan stated he had been assured that there were no emergencies. Docktor stated that was not sufficient because they need to review the reports. It was not Bracey's position to say not to worry about it; he has to give the board the information. Shurland reiterated that not having a public health nurse, not having diseases reported was troubling because that was one of the board's jobs as well as food inspections. She inquired if someone was getting those reports, where were they going, how they were being managed. She felt something had to change; they could not keep going month after month because they didn't have an appointed health agent. Docktor had previously inquired why a police officer was sent to the last Board of Health meeting and asked if Costigan had received any answers. Costigan stated that according to the town manager he wanted to make sure everyone was safe. Docktor inquired what the threat to public safety was. Costigan said that was not clear. Docktor inquired if he was told why no one on the board was notified of the possible threat for their safety and Costigan replied the town manager did not mention that. Shurland felt that was distressing because if the public safety was at risk, the board should know before walking into a room. C' Since she has been a member of the board, this was the first meeting where a police officer was in attendance for their safety. Costigan believed there was a rumor that a lot of people were going to attend the meeting. As it was an open meeting, the members felt it was even more of a concern that the board was not notified of what the threat was. Costigan didn't take the threat that seriously. The members felt that it was not the police officer's presence that was disturbing, but the idea that he needed to be there. The members also felt there needs to be a follow up with Town Manager regarding the lack of communication. Costigan asked if the members had read the communication from town counsel. Town Counsel's opinion was that the town manager could appoint a health agent because it was not restricted in the town charter. Docktor stated that the appointee by the town manager would have a title but no authority to act for the Board of Health and that Board of Health records could not be given to a person without authority. If the board were to lose the current health agent, they could appoint John Fralick to give them the reports. They could not do anything temporarily because of what they were told about personnel restrictions. Costigan asked for clarification on that. Friedmann stated according to Reading Health Regulations the Board appoints the health agent who then acts on their behalf on state mandated requirements. The Board was in agreement that as the hiring authority, the town manager could appoint with the title of health agent, but without the board voting to give authority to the health agent to act on their behalf, it was a title only. Docktor stated the Charter authorizes the town manager to appoint an employee to work under the board but to reserve to the board the authority to delegate its powers as described in MGL Chapter 111. Costigan opined that the Board should consider doing so. Docktor had reservation in doing so without all of the other issues being resolved before they could move forward. Ensminger asked for clarification of the last statement regarding the issues; Shurland said the board could not discuss it. Pesticide Regulations The updated draft regulations were sent to town counsel for review. Costigan discussed the section regarding town owned land, specifically the tree lawn and sidewalk with the town manager who did not denote any problems with what was written but wanted to further review the document. Shurland inquired about the time line to complete the approval process, including sending the final draft to Jane Kinsella, Public Works Department and the scheduling of a public hearing. Open Discussion Shurland discussed a recent report she had read with statistics provided by RCASA regarding the number of overdose deaths in Reading. From December 2000 through June 2017 there were 80 overdose deaths, 63 of which were due to opioids. They did not have a year by year breakdown. She felt this was a very important issue for the board to take on collaboratively with others such as RCASA, RPD, Library, School Committee, YMCA, mental health professionals and to include young people, or those who are addicted or know people who are addicted. Friedmann stated that RCASA would be releasing further data in September. This issue will be put on the agenda for September. Docktor stated the website of the Marblehead Board of Health had a wonderful resource page and noted another web page gave clear cut directions for administering Narcan which may be something that could be done on Reading's web page. It was noted that the Gloucester Police Department also has a really unique program. Being a volunteer board they are somewhat limited in what they can do but they can provide education and have resources available on the web page. P� Next meeting is scheduled for August 16, 2017. Meeting adjourned at 6:35 pm. Materials Distributed: Draft minutes of June 21, 2017 C2�D � r ' u Town of Reading Meeting Posting with Agenda e °$,)NCOR�°aM Board - Committee - Commission - Council: Board of Health Date: 2017 -08 -08 Time: 6:00 PM Building: Reading Public Library Location: History Room Address: 64 Middlesex Avenue Agenda: Purpose: General Business Meeting Called By: Nancy Docktor, Associate Member 2011 AUG -3 P � 2 Notices and agendas are to be posted 48 hours in advance of the meetings excluding Saturdays, Sundays and Legal Holidays. Please keep in mind the Town Clerk's hours of operation and make necessary arrangements to be sure your posting is made in an adequate amount of time. A listing of topics that the chair reasonably anticipates will be discussed at the meeting must be on the agenda. All Meeting Postings must be submitted in typed format, handwritten notices will not be accepted. Topics of Discussion: Health Agent This Agenda has been prepared In advance and represents a listing of topics that the chair reasonably anticipates will be discusse at the meeting. However the agenda does not necessarily Include all matters which may be taken up at this meeting. Town of Reading r Meeting Minutes Board - Committee - Commission - Council: Board of Health 2011 `1`70 P 2: 5 Date: 2017 -08 -16 Time: 5:30 PM Building: Reading Town Hall Location: Berger Room Address: 16 Lowell Street Session: Open Session Purpose: General Business Version: Attendees: Members - Present: John Costigan, Beth Shurland, Nancy Docktor, Associate Members - Not Present: Others Present: Dan Ensminger, Board of Selectmen Liaison, Laura Viasuk, Kyle Krupa Minutes Respectfully Submitted By: Darlene Foley Topics of Discussion: Board of Health meeting came to order at 5 :31 pm on August 16, 2017 in the Berger Room of Reading Town Hall. Minutes Minutes of July 19, 2017 were presented. Costigan inquired about the executive session minutes of the same date`. Docktor stated the minutes had to be kept separately and had been submitted to the town clerk. Shurland asked when the minutes could be released. After the minutes are reviewed and voted on, the :board can then decide when to release. Docktor requested the minutes be corrected to read Attorney General's office rather than District Attorney's office throughout. Motion was made by Docktor to accept the minutes of July 19, 2017 with the corrections; seconded by Shurland. Motion passed 3:0 The minutes of August 8, ;2017 were tabled until the next meeting. Chair Report The Town Manager contacted Costigan on July 22nd regarding a town employee potentially being diagnosed with meningitis. The employee had performed work at the high school, where school was not in session and there was not any food preparation taking place at the time. However, the employee did have contact with people. Costigan immediately contacted the Department of Public Health Epidemiologist and communicated throughout the weekend with the Town Manager. On Monday he met with the Town Manager, Superintendent of Schools, Facilities Manager, Director of School Nurses, and the Health Agent to discuss a response plan. The town manager advised Costigan the employee had improved and returned to work July 31st. Although Costigan had not received an official notification from the state as of August 7th, he was confident it was viral and not bacterial and did not pose a public health emergency. The case was not reported to Reading because the employee did not reside here. Costigan will follow up with Suzanne Swansburg who is covering the public health nurse duties. Docktor inquired about the status of the public nurse position. Costigan had not been given an update. Costigan contacted the offices of Senator Jason Lewis and Representative Brad Jones regarding the status of House Bill 2864. The bill is still in committee. Costigan impressed upon them how much the Reading Board of Health supports this bill. Costigan inquired about a sewer backup that occurred at Caffe Nero. Docktor stated she had received a call from Darlene Foley at 4:30 pm regarding an overflowed toilet at Caffe Nero that flowed into a downstairs dining area at Venetian Moon. Supposedly Vlasuk had been working with Chris DeCloux at Cafe Nero on the issue. Once John's Sewer, the pipe cleaning company and the cleaning company, Rowe Cleaning had left, he contacted Vlasuk for an inspection so both he and Venetian Moon could reopen. She told him she wasn't the health agent and wasn't coming back for the final inspection. Docktor went to the location, spoke with Mr. DeCloux and did a visual inspection of both places and did not see any water. Mr. DeCloux reported a nine wash process in the affected areas including a hallway as a precaution against cross contamination. Lisa Cavallo of Venetian Moon also gave her access to the impacted area; the downstairs rug area that had been affected was sanitized as was the affected ceiling tile. A'small dryer left by the cleaning company was still running but the rug was completely dry; :there was evidence of a water stain on the ceiling tile. She received a copy of the invoice from Rowe Cleaning for the cleanup and a copy from John's Sewer will be sent by mail. She gave Permission for both establishments to reopen and informed them the health inspector would be following up. Vlasuk was asked what happened that she wasn't able to return. She replied she was not able to do an inspection because she had not been appointed by the board. She stated it was not an overflowing toilet; it was raw sewage that had been backed up from the pipes affecting Caffe Nero, Venetian Moon as well as the Chinese food restaurant. Vlasuk wanted to know where the inspection report from that restaurant was as they had opened up today without an inspection. Docktor stated she was not given that' Information. Foley stated the information provided by Jean Delios involved issues at Caffe Nero and Venetian Moon; Huang Kitchen was never mentioned. Costigan asked if Huang Kitchen was part of the cleanup. Foley responded she did not know as she was not aware of any problem at that location. Vlasuk replied that question should be answered by Docktor who was the inspector who should also follow, up because they had reopened without an inspection. Docktor responded that was the only information she had ;; it was documented. Shurland asked Vlasuk if she had done any previous inspections at those locations. Vlasuk replied she had not done any Inspections as she had not been appointed. Shurland asked if she had done any inspections since being hired. Vlasuk did not want to answer and requested to have counsel present If she were to be asked additional questions. Health Report Ristorante Pavarotti - Costigan stated the deadline had passed for completion of the work of installing a new ventilation system. Bracey had met with the owner and was to provide an update to the Board; however, Costigan had not spoken to Bracey or received an update. Costigan was unsure of exactly what the exact code violation was and perhaps Bracey could provide that information. He was also waiting for an opinion from the Assistant Fire Chief whom Bracey had spoken with. Bracey previously stated there may be a hardship case for the owner in order to bring this up to code. The building inspector may also know what the codes would be. The owner may be invited to attend a Board meeting. There were 8 complaints received in the past three months. Costigan will speak to Bracey to see what they were. Pool inspections were discussed regarding the scheduling of such inspections. An inquiry was made whether the three Title V inspections were for new construction or for abandonment of septic systems. Request will be made for the nurse to email reports from Maven before the next the meeting. (Z-�) Costigan and Ensminger attended the mosquito and tick presentation on July 315t which was well attended and very informative. There was discussion regarding a memo received from the MA Association of Health Boards relating to White Owl Green Sweets and Game Red, two sweet, mellow flavored tobacco products, which MAHB were removing from its Guidance List for tobacco products. Legal authority to enforce a restriction of these products rests with local boards of health. Docktor will reach out to Maureen Buzby for additional input. Health Agent Costigan was unable to attend the last two meetings because of vacation. After having reviewed the last meeting and the discussion of the procedure for going into executive session, he was not satisfied they had cause to go into executive session. He had given a message to Jean Delios to give to the members. While he was on vacation, the members decided they did have reason to go into executive session. Docktor stated his email was of concern because it was sent through the Town Manager's office, and they couldn't deliberate through email. Costigan said they had not spoken about it.'' Ensminger said that was done so they wouldn't be deliberative. Discussion ensued regarding what was considered to be a breach of open meeting law. Ensminger will look into email deliberation. Costigan asked if the members had come to any conclusion or resolution. The members stated they wanted to meet with the Board of Selectmen to help resolve the situation. Ensminger stated the Board could resolve the situation this evening and recommended they make the appointment of Laura Vlasuk as health agent. There was discussion regarding the authority of a health inspector to open an establishment when the health agent was absent and how that could be accomplished. Shurland . stated theme were still concerns about the ability of Vlasuk to protect the public health of the town, and those issues had not been resolved in addition to the lack of cooperation and 'tock of health reports being submitted. The Board had also asked for an investigation intd° the public health nurse's allegations to the Board. Ensminger again requested the recommendation of the appointment of the health agent. All members agreed they wanted to appoint a health agent who was in the best interest of the town. Costigan made a motion to appoint Vlasuk as the health agent, there was no discussion; the motion was not seconded. Costigan will defer to the Town Manager /Jean Delios regarding the health agent doing inspections. Pesticide Regulations The Board will communicate with the BOS about the benefits of what this regulation would do; basically just to notify the public as to what they should not do because it is a public health issue for humans and their pets. They will ask to have it put on the BOS agenda in the near future. Opiates The Board will be researching the possibility of having Narcan available in certain establishments, maybe providing some education, or perhaps having an EMT provide some training. Shurland inquired if the school nurses have Narcan and that will be followed upon. Costigan would like to meet with RCASA to see how the Board can be of help to them or ask if Erica McNamara can attend a future meeting. Gloucester provides a program where the police try to get mental health help vs criminal. Other Costigan will check with Bracey regarding previous sewer backups at the Main Street locations. Shurland will contact middle & high schools regarding the availability of Narcan. Next meeting scheduled for September 201H Board of Selectmen meeting tentatively scheduled for August 29th ;. Meeting adjourned at 6:35 pm. Materials Distributed: Draft Minutes of July 19, 2017 Draft Minutes of August 8, 2017 Health Agent Update June- August MAHB Email regarding flavored tobacco products 9/15/1.7 Reading Selectman, I am forwarding this from NEIWPCC. I obtained. this information as a follow up from requested electronic communication between. the Town Manager's office and members of the Health Department. The obvious error is either incompetence on the part of the Town Manager or worse, arrogance. Is the Board of Selectman going to thoroughly investigate this falsification or would you prefer that I contact the District Attorney, MAHB, and DPI -I? Nancy Docktor Board of Health member Phone 978 - 777 -3899 Pages 7 6NEIWPCC New Engw1,4 Revised March 7.016 Massachusetts Title 5 Soil Evaluator ApplicationfEligibility 'Form Title 5 has strict eligibility requirements to become approved as a Soil Evaluator. These requirements are listed in 310 CMR 15.017, Approval of Soil .Evaluators. APPL,ICANT'S NAME: L a -, cram �f i DATE OF BIRTH: _ DRIVER'S LICENSI y Working for Clean Water Since 1947 jla5rfhn.d an+! 5[aic IttitjalavrSi 1,re,gram Suifjwrf tirnnfle lionnt. (�ccpprer�s Tt�9nipn ;,:rd 4erli flea CSP:i Reiea!rh r±ku aYinn an +` i?c!bearir HOME ADDRESS: { 5 Street X11. :`it� Code MAILING ADDRESS: ( Q S _ { - Cn•e -et 6 1 own �rurti TELLPHONF NUMBER: (� �) -� FAX NUMBER: (V) q 4 Z -(7 0 '11 c, t C-C 'j, E-MAIL ADDRESS: t-.\ 10. S<-t. ft j } C�, w t fl ) jn I rv-1 ca, r 0 c?..._ P,, EASF,, COM'PI ETF BOT11 PAGFS OF T11IS FORM I certify that 1 am eligible to take the Soil ) valYaator EXaaIllinatioll(5) pursuant to 310 CMR 15,017 because (go to page 2); PLEASE COMPLETE PAGE 2 Connecticut New York '�cy,Si3%1tUC�tCS Rhode Island moIIt wannatancit Mitts 650 Suffolk Street, 5uite 410 Lowell, Massachusetts iwPecorg C17851t 3 3' -7929 f. `?378>323 -7919 120 D Q) t2 Cs E (u Vu cu -o E m o 10 mat . , LU CM U3 ki tu Q- 7F) D CL to 0 U to .00 o CL LL o C) O'l tz ul cfj �n F 75 0- Tj m ID I ca C: CO > (1) b c: a) 12 ID 0 CO co 0) ;mo ED -0 'e - = ': > C) N 0 CL 9 W 20 -cl 0 (J) q ML) CO o c (D Z5 a) CL— co o (D co CL —Q) ui C: -0 ro 0 (D 00 0 E E 2 >1 , m 2 a) E p .2 iF ID U) as aoc 0 w 0 U3 co -J C. Fj) 0 CL M Q Lu Lt- Q3 '22 25 o Q� Q" C.) Q uj Q) U) z Im _Q3 FL LU w 'o = 2 E > 0 10 �Ll q) < C4 Z� Z el o CJ 0 0 f-- < >-1 2 0 O ro a) 1E CJ0 LL lU 0i ILI (f) cit 0 Z) a - o- (CT) '-fL n FRI el o CJ 0 0 f-- < >-1 2 0 O ro LL lU 0i ILI LL lU LQheck att_L - apply} 1 am a Massachusetts Registered Professional Engineer in good standing with the Division of Professional Licensure. My Registration Number is: Please enclose a copy of your license. T am a Massachusetts Registered Sanitarian in good standing with the Division of Professional Licensure. My Registration Number is: Please enclose a copy of your license. I atn a Massachusetts Certified Health Officer in good standing with the Division of Professional Licensure. My Registration Number is: . Please enclose a copy of your license. _ I have passed the Fundamentals of Engineering lixamination (Engineer -in- Training) with a concentration in civil, sanitary or environmental engineering on the following date: Please enclose a copy of your certificate or notification letter showing concentration. I am a Massachusetts Registered Land Surveyor in good standing with the Division of Professional Licensure. My Registration Number is; . Please enclose a copy of your license. I am a member of a Board of Health. The date I was elected was: and illy term of office expires on OR I was appointed on T and illy appointment expires on Please submit a letter certifying that you are a Board of Health Member (or if you were elected) a copy of your appointment card. I am an agent of the (name of munici pality) .... 'lam c-: c � Z hoard of Health and was appointed on (date) f'. � C1 )ejQby a formal vote of tl- Board in accordance with MGL Chapter l I 1 section 30. lease'inelude a letter signed by the chair of the Board or the municipality's Health Director certifying that you are an agent of the Board as described in MGL Chapter l I l Section 30. 1 any an employee of the Department of Environmental Protection involved in the administration of 310 CMR 15.000 (Title 5). Please include a letter sighed by the Division Director or Deputy Regional Director certifying that you are involved in the administration of Title 5. I have a Bachelor of Arts or Sciences degree, or more advanced degree, in Soil or Geological Sciences from an accredited college or university. Please include a letter from your employer and a copy of your diploma. ._._.__.._.._-- I have successfully completed a minimum of 15 semester credits in soil science courses from an accredited institution. At least three of the 15 credits are in Soil Genesis, Classification; Morphology and Mapping. The remaining soil science credits are in at least three of the following six categories: Introductory Soil Science; Soil Chemistry/ Fertility; Soil Physics; Soil Microbiology /Biochemistry; Soil Survey Interpretations /Soils and Land- use /Soils and the Environment; and Independent Study /Seminar /Geology. Please include a copy of the co transcripts). 1, �� t V rse Sr-'J— (PRINT), do solemnly swear (affirm) that all the infori- nation presgnte" th pptication is true in substance and effect. SIGNATURE iiJRE (SIGN) Date 1,, 76 Lowell Street Reading MW 01867 www.readingtna.gov JEAN DELIOS Assistant Town ?Tanager Phone 781,942.6612 jdeliosGa)ci.reading.ina. its To whom it may concern Mrs_ Laura Vlasuk was hired on May 30, 2017 for the position of Health Agent for the Town of Reading, Ma. Please accept this letter as confirmation on behalf of Mrs_ Vlasuk and the Town of Reading- Sincere y, ' 1 elios I Waiver & Release of Liability Massachusetts Title 5 Soil Evaluator Certification in consideration of my participation in the Title S Soil Evaluator (SE) Certification Class, SE field refresher class, and /or SE makeup /re -take field exam, I agree as follows: a I fully understand and acknowledge that my participation in this class may pose some risks, dangers, and hazards to myself, including, but not limited to the following: open pits, large equipment such as backhoes, active excavation, manmade or natural obstacles, and uncontrollable weather conditions. W 1 fully understand and acknowledge that i am responsible for my own safety and agree to abide by basic safety rules and instructions given by the instructors. f 1 agree to wear appropriate clothing and foot attire. Accordingly, in consideration of my participation in the Massachusetts Title 5 SE Certification Class, 5E refresher class, and /or SE makeup exam, conducted by or on behalf of NEIWPCC, 1, on behalf of myself, my personal representatives, and my heirs, hereby voluntarily assume all risks, dangers, and hazards associated with participating in this class, and I hereby voluntarily agree to waive, release, discharge, hold harmless, defend, and indemnify NEIWPCC, MassDEP, LiMass- Amherst, Paul Spina, Bruce Bouck, Leslie (Mickey) Spokas, Steve Mabee, Joseph Cerutti, Peter Fletcher, Paul Blain, any public or private landowners of properties where test pits will be dug, and any and all of their employees, agents, insurers, and successors from any and all causes of actions, claims, demands, losses, injuries, and damages of any kind which may be sustained by me in connection with the Massachusetts Title 5 SE Certification Class, SE refresher class, and /or SE makeup exam. in signing below, I acknowledge understanding of the content herein; that my responses are true; and agree to the terms herein. This Waiver and Release of Liability shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. This Waiver is valid for one year from date of signature. Date r/ - -) ^ l Full Name (Printed) La L-t- t o-- V � (-. - I"- Please mail, fax or email our completed form to NEIWPCC prior to the first day of class. Failure to complete this form will result in the inability to register /attend the class. New England Interstate Water Pollution Control Commission (NEIWPCC) 650 Suffolk Street, Suite 410, Lowell, MA 01854 P:(978) 323 -7929; F:(978) 323 -7919; titles neiwpcc.arR 2/6/2017 2 9 Town of Reading a Accounting Department Fiscal Year 2018 Page 1 of I Reading, MA 01867 (781) OA2-9005 FAX (781) 942 -9037 "-S.AAO` Tax- Exempt #01 -600 1 27-r Purchase 18000030-00 Order ft 511001 HEALTH DIVISION 1. Invoice must show units and unit price for each item. TOWN OF READING 2. issue bill for each PO. Do not bill 2 or more orders on 16 LOWELL ST DING, MA 01867 READING, same Invoice. - Ail invoices MUST be in duplicate and include Tax 4- Ship all goods prepaid. HEALTH DIVISION NEIWPCC 116 JOHN STREET W TOWN OF READING -f H BOOTMILLS SOUT 16 LOWELL ST READING, MA 01867 LOWELL MA 01852 T Y 'NN ............ .. . 18000057 LAURA VLASUK 2, U1 511 HEALTH DIVISION 07/11/2017 316921 'EV; TITLE 5 SOIL EVALUATOR CERTIFI I TITLE 5 SOIL EVALUATOR CERTIFICATION 1.0 EACH $965.000 $965.001 "R �i ?'M' $965,00 'wn Manager Wn'SX DepartmenW t Head LTIM�#' VENDOR SIGNATURE REQO FOR ORDERS > $5000-00 Delios, Jean From: Bob Bracey <bbracey @northreadingma.gov> Sent: Thursday, September 21, 2017 To: Delios, Jean Cc: Bob Bracey Subject: FW: Registration for Soil Evaluator Certification class Jean Please see the email chain below with respect to iVEiWPCC allowing Laura Vlasulk to register and attend the Soil Evaluators class. Bob Robert F. Bracey Health Director North Reading Department of Public Health 235 North Street North Reading, Ma 01864 Phone: 978 - 357 -5242 Fix: 978- 664 -1713 Email: bbrocey@northreodinamo.aov website: httra•//www.northreadinama.00v /health - department Chairman, Massachusetts State Board of Certification of Health Officers 10 Pubtict-lealth 1,w, „,� From: Delios, Jean [ma iltoJdelios ci,reading.ma.us] Sent: Thursday, July 06, 2017 To: Bob Bracey Cc: Vlasuk, Laura; LeLacheur, Bob Subject: RE: Registration for Soil Evaluator Certification class Thanks Bob! Laura and I are working on the letter so that she can proceed with filing the application. Fingers crossed this will suffice!! Jean J. Delios Assistant 1 -own Manager Town of Reading �`a 16 Lowell Street Reading, MA 01887-2685 p, 781-942-6612 f. 781-942-8071 Town Hall H0V[G: M. VV, Th —7:30@.Dl. —5:30 p.m. Tuesday: 7:30 a.m. —7:00 p.m. FRIDAY CLOSED jdeliosp.ci. reading. ma. us From: Bob Bracey [ma i Ito: bbracey(& north read inarna. gov] Smmo Thursday, July 6, 2017 IBIMM To: Da|ios,]eon Cc:V|asuk, Laura; LcLachcur, Bob Subject: FVV: Registration for Soil Evaluator Certification class Jean Please see the email below. | would request a letter hom Bob or yourself in |hcu of the BOH for Laura. This letter Would be included in the soil evaluator application packet that \ believe that Laura has already completed, | would also attach this ernail as a reference as well. Good Luck Laura. Best Bob Bracey Robert F, Bracey /Director North Reading Health Department 235 North Street North Reading, K4aU1864 Ph: 978-357-5242 Fax. 978-654'1713 . Email: Site: htti)://www.northreadingnia.gov/health-department Chairman, Massachusetts State Board of Certification of Health Officers 10 From:btleS Sent: Wednesday, July 05, 2017 3:07 PM 2 NEIWPCC- Wastewater And Onsite Programs 650 Suffolk Street, Suite 410, Lowell, MA 01.854 978- 323 -7929 (ext. 105) titles @neiwpcc.or renewals @neiwp_ c org www.neiwncc.orR From: Bob Bracey [mailto:bbracey northreadingma.gov] Sent: Wednesday, July 5, 2017 To: title5 <title5 neiwpcc.org> Subject: Registration Good Morning I am emailing on behalf of Laura Vlasuk , the New Health Agent from Reading into the SE class. Laura was hired in June by the Town of Reading Town Manager and t H ha,s et to „a oint her — I believe that may not have met yet. I am still employed there as a special assistan to the Public , ervices epar men and one of my tasks is to get Laura trained and into some certifications classes. If she were to get a letter from the Town Manager /Assistant Town Manger would that be acceptable for now? Than s Bob Bracey Robert F. Bracey / Director North Reading Health Department 235 North Street North Reading, Ma 01864 Ph: 978- 357 -5242 Fax.978 -664 -1713 Email: bbracev @northreadingma.Rov Site: http: / /www.northreadin ma.gov health - department Chairman, Massachusetts State Board of Certification of Health Officers PublicI-ic:attl� OFRF Town of Reading 16 Lowell Street Reading MA 01867 G39. INCOR4��P Town Clerk 781 - 942 -9050 Nancy Docktor Board of Health, Associate Member 371 Pearl Street Reading MA 01867 September 13, 2017 Nancy Docktor, fax: 781 - 942 -9070 website: www.readingma.gov I am writing to notify you of a Board of Selectmen vote taken at the September 5, 2017 meeting. A vote was taken on the following motion: Move to file a Notice of Removal with the Reading Town Clerk pursuant to Section 8.12.1.a of the Reading Home Rule Charter for the following individual holding the following office: Nancy Docktor, Associate Member of the Board of Health. The reasons cited for the proposed removal are as follows: 1. Failure to act on the appointment of the Health Agent, Laura Vlasuk, as the authorized agent of the Board of Health; 2. Pursuing line of questioning and taking individual actions and votes regarding Ms. Vlasuk that have exceeded the Board of Health's lawful duties and powers under the Massachusetts General Laws and the Reading Home Rule Charter and Bylaws. Roll call vote of 4 -1 -0: John J Arena Yes Barry C Berman Yes Daniel A Ensminger Yes Andrew S Friedmann No John R Halsey Yes Further move that the public hearing on such removals be held at the Board of Selectmen regular meeting of September 26, 2017 and that the Town Clerk be directed to give notice of such hearing to Nancy Docktor not less than five days prior to the hearing in accordance with Section 8.12.2 of the Reading Home Rule Charter. Roll call vote of 4 -0 -1: John J Arena Yes Barry C Berman Yes Daniel A Ensminger Yes Andrew S Friedmann Abstain John R Halsey Yes You are hereby notified of a Public Hearing to be held September 26, 2017 in the Board of Selectmen room at Town Hall, 16 Lowell Street at 8:00 PM. Please feel free to contact me with any questions or concerns Laura A Gemme, CIVIC / CMMC Town Clerk" OFIR? Town of Reading 16 Lowell Street Reading MA 01867 0,639. INCORQ��P�O Town Clerk fax: 781- 942 -9070 781 - 942 -9050 website: www.readingma.gov Nancy Docktor Board of Health, Associate Member 371 Pearl Street Reading MA 01867 September 27, 2017 Nancy Docktor, On September 26, 2017 a vote was taken to continue the Public Hearing to October 10, 2017 with the following motion: Move that the Board of Selectmen continue the public hearing on the Board of Health Associate Member to October 10th, 2017 at 9:00 PM. Roll call vote of 5 -0 -0: John J Arena Yes Barry C Berman Yes Daniel A Ensminger Yes Andrew S Friedmann Yes John R Halsey Yes You are hereby notified of the Public Hearing being continued to October 10, 2017 in the Board of Selectmen room at Town Hall, 16 Lowell Street at 9:00 PM. Please feel free to contact me with any questions or concerns Laura A Gemme, CMC / CMMC Town Clerk Oct 05 2017 8:25AM Nolan and Nolan Attorneys 781 - 788 -9800 510 Boston Post Road Weston, Massachusetts 02493 Phone: (781) 788 -9800 Fax: (781) 788 -8744 To: John Arena, Chair Board of Selectmen page 1 Nolan & Nolan, Attorneys From: A Elizabeth Nolan Fax: 781- 942 -9037 Date: October 5, 2017 CC Robert W. LeLacheur, Jr. Re: Nancy Docktor -Comments: Dcar Mr. Arena, Please see the attached, original mailed. 0j, V truly Yours , M. Elizabe olan IMPORTANT The information in this facsimile transmission is Intended only for the personal and confidential use of the designated recipients above. This message may be an attomey -client communication and as such is privileged and confidential. if the reader of this transmission is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error, and that any review, dissemination, distribution or copying of its contents is strictly prohibited. If you have received it in error, please notify us immediately by telephone and return the original message to us by my mail. Thank you. (!T Oct 05 2017 8:25AM Nolan and Nolan Attorneys 781 - 788 -9800 page 2 �RiOar i ` 'WITIan (ma? -1990) � abert 'Antllnn� y0fan . �Mxnbptll ' aIokw John Arena, Chair Reading Board of Selectmen 16 Lowell Street Reading, MA 01867 Dear Mr. Arena, �tiarrrri,�s October 5, 2017 Re: Board of Health: Nancy Docktor Removal for Cause 5110 Pasian V061 Y"b Wcstan, fflaswullmrtfs 02493 '&[epllu= (781) 788 -9800 lmacsimilc (781) 788 -8744 This office represents Ms. Nancy Docktor in the above - mentioned matter. Regarding the letter of notice sent to Ms. Docktor by the Town Clerk, dated September 13, 2017, it quotes a motion voted by the Selectmen at your September 5, 2017 meeting. . Regarding that voted motion, please specify the particular incident and or incidents, including the dates for the particular "line of questioning and taking individual actions and votes regarding Ms. Vlasuk that exceeded the Board of Health's lawful duties and powers under the Massachusetts General Laws and the Reading Home Rule Charter and Bylaws ", referred to paragraph 2 of that voted motion. Please specify the name and the position of the person or persons alleging the above. Please specify the particular Chapter and Section of the General Laws referenced in paragraph #2 of that voted motion. Please specify both the particular section of the Town of Reading Home Rule Charter and the Town of Reading Bylaw referenced in that same paragraph 92. Please provide a written response to this letter {delivery by facsimile 781- 788 -8744 or electronic transmission ;nolannolaiiic verizon. tet is acceptable} to this office on or before 10 AM Monday, October 9, 2017. Ve `trul P)� z ars, . lizabe of an ° r� MEN:bd cc: Nancy Docktor Laura A. Gemme, Town Clerk Robert W. LaLacheur, Jr. Town Manager Raymond Miyares, Esquire a. It;ivu��anc( iA�livm�r:� 'I'hum<<,..1. Llnrrint; ion Uhrislophor 11. 11oop I)nnn ;i Ad. 111v\Vol. •lonni(� M. "N'lorrill October 6, 2017 By email: nolannolan@verizon.net M. Elizabeth Nolan Nolan & Nolan, Attorneys 510 Boston Post Road Weston, MA 02493 Dear Ms. Nolan: A privnie Imv lit-Ill ill t.ho public intcrvA Robolwh l.,aloeV Ivri;1 Glnss: Fried Eric Poe". i Io Bhtko M. iblc�risiri�; K;ii.l-wrim, R. Sio(:k Your letter of October 5, addressed to John Arena, has been referred to me for a response. As Chair of the Board of Selectmen, Mr. Arena is not authorized to answer the questions you have posed on behalf of the Board. However, he has asked me to attempt to provide whatever insights I can based on the Board's deliberations leading up to the vote taken on September 5 to file a notice of removal. Your client was present for much of the deliberations on both August 29th and September 5th, and therefore may be able to answer your questions as well or better than I. In addition, I direct your attention to the videos of these earlier deliberations, which are available at: Aug 29: https: / /www.youtube.com /watch ?v= 5lEikFvXX2g and Sept 5: https: / /www.youtube.com /watch ?v= OxiELOTXLnA Among the incidents referred to in Paragraph 2 of the Selectmen's motion are the three executive sessions entered into by the Board of Health on July 19, August 8 and August 15, 2017. In addition, please refer to the minutes of the Board of Health meetings of June 21. July 19, August 8 and August 16, 2017, as well as the minutes of the Board of Selectmen meetings of August 29 and September 5, 2017, which refer to and describe certain activities that are within the scope of Paragraph 2. The September 5 vote was taken upon the motion of Selectman Ensminger and seconded by Selectman Halsey. The roll -call vote taken was 4 -1, with Selectmen Arena, Berman, Ensminger and Halsey in favor, and Selectman Friedmann in opposition. Among the provisions referred to in Paragraph 2 of the Selectmen's motion are Sections 1.2, 5.2, 6.1 of the Town's Home Rule Charter; M.G.L. c.4. §7, cl.26; M.G.L. c.30A, § §20 through 22; M.G.L. c.66, §10; M.G.L. c.214, §113; and Section 4.1 of the Reading General Bylaw. 10 (;rove St:rool- ° Suite 1S)O - \Vollo�do y MA 02182 1 Tel: 1GOO I Fnx: (;17.155).16:50 1 www.mi,Nim'n.; -hai? inwl.on.com i..yCAres C.A11d M. Elizabeth Nolan October 6, 2017 Page 2 of 2 I trust that this information will assist you and your client. However, it is provided without any representation that it reflects the full scope of the Board's deliberations and without waiving any individual Selectmen's right to introduce information or to express opinions during the course of the continued public hearing on October 10 or thereafter. s cc: J. Arena Board of Selectmen R.LeLacheur M. Kraunelis