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HomeMy WebLinkAbout2022-11-21 Subsequent Town Meeting MinutesSUBSEQUENT TOWN MEETING Reading Memorial High School Performing Arts Center November 21, 2022 The meeting was called to order by the Moderator, Alan E. Foulds, at 7:34 PM, there being a quorum present. The Pledge of Allegiance to the Flag was said by all. Motion made by the Select Board to take Article 14 from the table. Motion Carried ARTICLE 14: Motion made by the Select Board that the Town appropriates the sum of one million five hundred forty three thousand and eight hundred dollars ($1,543,800) to pay costs of the construction and reconstruction of the water distribution system, including the payment of all incidental or related costs, and that to meet this appropriation, the Treasurer, with the approval of the Select Board, is authorized to borrow said sum pursuant to G.L. c. 44, §8 or any other enabling authority and to issue bonds or notes of the Town therefor, all or any portion of such borrowing may be issued through the Massachusetts Water Resources Authority's Local Financial Assistance Program or through any other federal or state loan programs, and that the Town is authorized to apply for, accept and expend any federal or state grants or loans that may be available for the project. or take any other action with respect thereto Presentation given by: Ryan Percival - See Attached Background: At the November 2020 Subsequent Town Meeting, Town Meeting "voted to appropriate the sum of four million three hundred thousand dollars ($4,300,000) for the purposes of making water main improvements in the downtown area". The purpose of this article is to request $1.5M in additional funding for this project due to the increase in construction and material costs which resulted in higher bid prices. The Town was able to award the contract up to Alternate 1 but needs extra funds to cover any contingencies and traffic management. If the Town has enough resources remaining, Alternate 2, a critical railroad watermain jacking, will be awarded. The Town will utilize the Massachusetts Water Resources Authority ("MWRA") Local Financial Assistance Program, a no -interest loan, to fund the $1.5M. In 2019, the Town of Reading selected Weston & Sampson to update the Water System Meter Plan which was spurred by the recent economic development in the Downtown area. Specifically, the Town wanted to ensure that there is enough hydraulic capacity to support the planned developments and identify any improvements necessary to provide adequate hydraulic capacity to the proposed development areas. Available fire flows in the economic development areas were modeled during maximum day demand (MDD) conditions and compared to the anticipated Insurance Services Office's (ISO) required fire flows. It was determined through the hydraulic analysis that pressures were above the required 35psi, but the existing infrastructure in the Downtown area did not have enough capacity to support the planned development. Some areas show less than 2,500 gpm at 20 psi, below the anticipated required fire flow. Finance Committee Report - given by Emily Sisson: At their meeting on October 19, 2022 the Finance Committee voted 8 - 0 to recommend this Article to Town Meeting. Bylaw Committee Report: No Report 1 I P a g e SUBSEQUENT TOWN MEETING Reading Memorial High School November 21, 2022 Performing Arts Center After some discussion a vote was taken 2/3rd Vote Required 134 in the affirmative 0 in the negative 150 Town Meeting Members in Attendance Motion Carried Motion made by the Select Board to take Article 15 from the table. Motion Carried ARTICLE 15: Motion made by the Select Board that the Town appropriates the sum of three million dollars ($3,000,000) to pay costs of constructing and improving the Maillet, Sommes, and Morgan stormwater systems, which will restore wetlands on Town -owned conservation land, provide significant new stormwater storage capacity, protect habitat for native species, and create walking trails, including the payment of any and all other costs incidental and related thereto, and that to meet this appropriation, the Treasurer, with the approval of the Select Board, is authorized to borrow said sum pursuant to G.L. c. 44, §7(1) or any other enabling authority and to issue bonds or notes of the Town therefore, and that the Town is authorized to apply for, accept and expend any federal or state grants or loans that may be available for the project. Presentation given by: • Ryan Percival - See Attached Background: Regional Project History: The Maillet, Sommes & Morgan Constructed Stormwater Wetland project arose from a regional planning process with the Mystic River Watershed Association (MyRWA), the Resilient Mystic Collaborative (RMC) and a number of associated municipalities. The efforts of the regional watershed effort is to reduce flooding in the downstream communities by creating offline storage and treatment areas upstream within the Mystic River Watershed. In FY19 the City of Cambridge and the RMC partnered on an MVP Action Grant award to identify and pursue site-specific green infrastructure projects for regional stormwater management and local co -benefits. Ranking, mapping and descriptions of each regional opportunity was conducted - including the Maillet, Sommes & Morgan land. The Reading land was identified as a top five site in the region. This led to the pursuance and awarding of a subsequent FY20 MVP Action Grant through the town of Lexington and the RMC. This grant advanced the design of project specific sites in three communities, and the Maillet, Sommes, Morgan land was pushed to 75% design. During the design process a number of stakeholder and public engagement opportunities were conducted, including public hearings through the local Conservation Commission. The Cons Com issued an Order of Conditions for the project in August of 2021. Project Benefits /Why it was selected: The Maillet, Sommes & Morgan land was identified as a top solution because the Mystic River headwaters begin at the Aberjona River (which runs through the land), it improves climate resilience for the region and local community, the natural slope of the land is ideal and, the co -benefits of the project design are needed in the area. 2 1 P a g e SUBSEQUENT TOWN MEETING Reading Memorial High School Performing Arts Center November 21, 2022 The project proposes to capture and attenuate stormwater impacting the Aberjona River by creating adjacent offline storage areas. The overall objective is to reduce climate related in -land flooding upstream by increasing stormwater storage capacity through the construction of a series of stormwater wetlands that will also provide co -benefits of: stormwater treatment /water quality; improved ecological and stream stability; invasive species removal; additional open space and trail development (including ADA access); and parking. Stormwater would be diverted from the local roadways (i.e. Lowell Street) within an existing culvert as well as overland from the Aberjona River during high flow events. The wetland system would be designed to maintain a consistent water level by utilizing overflows and set elevations with an eventual discharge back into the Aberjona River. The Town of Reading will reduce local in -land flooding, which is being exasperated through climate change, in the adjacent residential neighborhoods, and be provided additional co -benefits described above. There are currently 35 properties along the Aberjona River within the 500 -year storm flood zone. Regionally, the lower Mystic River communities will see reduced flooding impact and erosion; and, stormwater quality and runoff will be improved by filtering sediments and pollutants through the treatment train and series of wetlands and marshes. The project mitigates local and regional climate impacts through nature -based solutions and will turn a pre-existing non -accessible area into a vibrant, multi -use area with ADA accessible trails. Reading MVP History: Reading was designated an MVP Community in 2020 after a public engagement process. The result was the Reading MVP Final Report and Risk Matrix. Both provide a summary of the strengths, weaknesses and priorities of the Town in relation to climate impacts on its public health, environment and infrastructure. How the project addresses established municipal priorities: Designing and constructing stormwater infiltration projects identified by MyRWA has been identified as a high local priority within the Reading MVP Community Resilience Building Summary of Findings. Addressing drainage issues within the Willow Street area was a separated high priority goal in the MVP Summary of Findings that this project addresses. The local Climate Advisory Committee attended the CRB workshops and has stated support of the project in recent meetings. The Climate Advisory Committees 2009 Action Plan recommends use Low Impact Development and stormwater treatment, a well-established goal in Town routinely recommended/required on new development projects. The 2013 Aberjona River Study, performed by AECOM, recommends a series of drainage improvements at the Maillet, Sommes, Morgan land and surrounding area. Further, the 2019 Assessment of Culverts and Flooding near Austin Preparatory School concludes with recommendations of assessing alternative drainage designs options at Austin Prep and the Aberjona River area, a goal which this project hits. Costs /Remaining Needs /Next Steps: The $3,000,000 request is to ensure proper procurement, invoicing and payment procedures. With an estimated cost of $2,100,000 provided in 2021 it is expected that the materials for the project will exceed the original estimate. The project has been awarded $2,100,000 in MVP Grant Funding, however such also comes with a 25% municipal match requirement. The grant is also reimbursement based so the Town must have a mechanism to cover the original costs prior to the reimbursement. The Town appropriation will be utilized to cover a portion of the project match requirements and any construction contingency. Construction is expected to begin in Spring 2023 and run through June 2024. 3 1 P a g e SUBSEQUENT TOWN MEETING Reading Memorial High School Performing Arts Center November 21, 2022 CONCEPTUAL STORMWATER TREATMENT SYSTEM wr.cswe H yWitte G p,`� avni�zazi kv� ',.` Finance Committee Report - given by Geoffrey Coram: At their meeting on October 19, 2022 the Finance Committee voted 8 - 0 to recommend this Article to Town Meeting. Bylaw Committee Report: No Report After some discussion a vote was taken 2/3 rd Vote Required 141 in the affirmative 0 in the negative 150 Town Meeting Members in Attendance Motion Carried Motion made by the Select Board to take Article 16 from the table. Motion Carried ARTICLE 16: Motion made by the Select Board that the Town appropriates the sum of seven hundred fifty thousand dollars ($750,000) to pay costs of Haven Street Roadway Design, including the payment of any and all other costs incidental and related thereto, and that to meet this appropriation, the Treasurer, with the approval of the Select Board, is authorized to borrow said sum pursuant to G.L. c. 44, §7(7) or any other enabling authority and to issue bonds or notes of the Town therefor, and that the Town is authorized to apply for, accept and expend any federal or state grants or loans that may be available for the project. Presentation given by: • Ryan Percival - See Attached Background: Since the onset of the Smart Growth District, the downtown has welcomed multiple redevelopment projects. One area the Town has seen significant development has been on Haven Street. 4 1 P a g e SUBSEQUENT TOWN MEETING Reading Memorial High School Performing Arts Center November 21, 2022 In order to accommodate this growth, the Town has invested in an extensive utility improvement plan. Additionally, the need has risen to revitalize the Haven Street streetscape for better access for both vehicles and pedestrians. The goal would also be to activate the street to help improve economic growth with improved lighting and amenities to support local businesses. In 2019, the Town hired Beta Group, Inc. to develop a 25% conceptual plan for Haven Street. This conceptual plan included a full topographic survey, traffic analysis, and a 25% design. Beta Group was instrumental in the Main Street improvements and was asked to extend their design and input from Main Street to the Haven Street corridor. During the initial phase of the design, staff input was compiled and incorporated into a functioning conceptual plan. The result of this plan will be the basis in which the next design phase will build upon. In 2020 Beta Group provided an engineering budget which estimated the reconstruction of Haven Street to be approximately $7MIL. Beta Group also extended costs for the adjacent streets and Town owned parking lot. The next phase of design will advance from a 25% conceptual plan to a 100% design. This process will consist of public and stakeholder engagement through various formats including meetings. From this public involvement the final design will be rendered. The final design will be used to leverage any relevant grant opportunities, which would include Mass Works. The total cost to complete the design, public engagement, and provide grant application assistance is $750,000. Finance Committee Report — given by Edward Ross: At their meeting on October 19, 2022 the Finance Committee voted 7 - 1 to recommend this Article to Town Meeting. Bylaw Committee Report: No Report 5 1 P a g e SUBSEQUENT TOWN MEETING Reading Memorial High School November 21, 2022 Performing Arts Center After some discussion a vote was taken 2/3rd Vote Required 104 in the affirmative 45 in the negative 150 Town Meeting Members in Attendance Motion Carried Motion made by the Select Board to take Article 20 from the table. Motion Carried ARTICLE 20: Motion made by the Reading Climate Advisory Committee that the Town: (1) Add a new Section 8.14 to the Town's General Bylaws, as follows: 8.14 Regulation of polystyrene & disposable food service containers 8.14.1 Purpose The purpose of this bylaw is to limit the distribution of polystyrene food service containers and utensils by food establishments in the Town and to encourage establishments to switch to similar items made of healthier and more environmentally friendly materials, or to switch to reusable food service items, or to adopt other approaches that do not require such containers or utensils. 8.14.2 Definitions The following words shall, unless the context clearly requires otherwise, have the following meanings: 8.14.2.1 "Director" shall mean the Public Health Director or the Public Health Director's designee. 8.14.2.2 "Disposable Food Service Containers" shall mean single -use disposable products used for serving, consuming or transporting food or beverages, including, but not limited to take-out foods or leftovers from partially consumed meals prepared by a restaurant or other food establishment. This includes, but is not limited to, plates, cups, bowls, trays, hinged or lidded containers, straws, cup lids, and cutlery. It shall also include single - use disposable packaging for uncooked foods prepared on the premises, as well as disposable catering trays. 8.14.2.3 "Food Establishments" shall mean operations that store, prepare, package, serve, vend or otherwise provide food for human consumption as further defined in 105 CMR 590.002, including, but not limited to, restaurants, mobile food vendors, caterers, public and private schools, farmers markets, civic or religious centers or facilities, any building owned by the Town of Reading, and any establishment requiring a permit to operate in accordance with the State Food Code. 8.14.2.4 "Polystyrene" shall mean and includes: • Blown polystyrene and expanded and extruded foams (sometimes called "Styrofoam," a Dow Chemical Co. trademarked form of insulation) also referred to as expanded polystyrene (EPS), which is herein referenced in this bylaw as "Foam 6 1 P a g e SUBSEQUENT TOWN MEETING Reading Memorial High School Performing Arts Center November 21, 2022 Polystyrene." Foam Polystyrene is generally used to make opaque cups, bowls, plates, trays, clamshell containers, meat trays, and egg cartons; and Clear or solid polystyrene which is also known as "oriented," which is herein referenced in this bylaw as "Rigid Polystyrene." Rigid Polystyrene is generally used to make clear clamshell containers, and clear or colored cups, plates, straws, lids, and utensils. Polystyrene may be labeled with the recycling number "6" or "PS 6". 8.14.3 Regulation 8.14.3.1 Food establishments within the Town shall be prohibited from using or distributing disposable food service containers made from foam polystyrene or rigid polystyrene, or polystyrene cutlery or other polystyrene single -use disposable products. 8.14.3.2 The following are exempt and not subject to the provisions of this bylaw: • Prepackaged meat and produce trays, egg cartons, and other food or beverage products bought from or packaged by a supplier other than the Food Establishment. • Any Polystyrene Disposable Food Service Containers or other food service items, such as picnic supplies, purchased by an individual for private use or for use at a private function held on property owned by the individual or any Polystyrene items unrelated to food service such as packaging peanuts or freezer chests. 8.14.4 Administration and Enforcement 8.14.4.1 The Director shall have the authority to administer and enforce this bylaw. In addition to any other means of enforcement, the provision of this bylaw and any regulations adopted pursuant thereto may be enforced by non -criminal disposition in accordance with the provisions of Section 1.8 of the Town's General Bylaw and MGL Chapter 40 Section 21D. 8.14.4.2 Food Establishments shall have fifteen (15) calendar days, after the date that a notice of violation is issued, to pay the penalty or request a hearing in writing to the Director. No more than one (1) penalty shall be imposed upon a Food Establishment within a fifteen (15) calendar -day period. 8.14.4.3 In the event that compliance with this bylaw is not feasible for a Food Establishment because of either unavailability of suitable alternative containers or economic hardship, the Director may grant a waiver of not more than six (6) months upon application of the owner or owner's representative. The Director may provide one (1) additional six- month waiver upon showing of continued infeasibility or hardship, as set forth above. 8.14.4.4 The Director may promulgate rules and regulations to implement this bylaw. 8.14.4.5 This bylaw shall take effect six months after it is posted by the Town Clerk in accordance with G.L. c.40, §32. And (2) Amend the Table set forth in Section 1.8 (Non -Criminal Civil Disposition of Certain Violations of the Bylaw and any Rule or Regulation of a Town Officer, Board or Department) of the General Bylaws, by adding, after line 8.13, a new line as follows: Section Bylaw Title Enforcing Penalty - Penalty - Penalty - Person First Second Additional Offense Offense Offenses 7 1 P a g e SUBSEQUENT TOWN MEETING Reading Memorial High School Performing Arts Center November 21, 2022 8.14 Regulation of Public Warning $50 $200 Polystyrene & Health Disposable Food Director Service Containers Presentation given by: • David Zeek - See Attached • Genady Pilyaysky Background: This is a new bylaw for the Town of Reading that will prohibit food establishments within the Town from using or distributing disposable food service containers made from foam polystyrene or rigid polystyrene, or polystyrene cutlery or other polystyrene single -use disposable products. What is polystyrene? Polystyrene is a particular type of plastic. It may be labeled with the recycling number "6" or "PS6." It comes in two forms which, in the bylaw, are called foam polystyrene and rigid polystyrene. • Foam polystyrene appears as a solid foam material. (It is sometimes called "Styrofoam" which is actually a Dow Chemical Co. trademark.) It is commonly used to make opaque cups, bowls, plates, trays, clamshell containers, meat trays, and egg cartons. • Rigid polystyrene is commonly used to make clear clamshell containers, and clear or colored cups, plates, straws, lids, and utensils. It is relatively strong and stiff but brittle. What is a polystyrene food service product? The bylaw addresses the kinds of items listed above that are provided as disposable, single -use cups, lids, plates, bowls, utensils, straws, clamshells, etc. for serving, consuming or transporting food or beverages for dining, take-out or delivery, or for leftovers from meals in a restaurant. What is the problem? • Polystyrene is based on styrene, a neurotoxin and probable carcinogen. It is the only plastic used in food packaging that is based on a carcinogen. Polystyrene resin usually contains a small percentage of residual styrene that can leach out of the plastic. Styrene leaching increases with temperature and with certain foods (alcohol, oils or fat). • Polystyrene items harm wildlife. The foam form is often mistaken as food by both domesticated and wild animals. • Polystyrene is not biodegradable. It fragments through mechanical action and photodegradation in the presence of light; the process takes an estimated 200+ years to complete. • Polystyrene is almost never recycled due to its low value. The bulky foam form is not accepted in curbside recycling programs. The rigid form even when collected curbside is never recycled. What is the fix? The purpose of this bylaw is to limit the distribution of polystyrene food service containers and utensils by food establishments in the Town and to encourage establishments to switch to similar items made of healthier and more environmentally friendly materials, or to switch to reusable food service items, or to adopt other approaches that do not require such containers or utensils. Appropriate alternative products are readily available from vendors and are already in common use. The same products are available in several other materials all of which are more eco -friendly and safer than polystyrene including alternative plastics that are recyclable. Indeed, the alternatives are more common in Reading than is polystyrene. 8 1 P a g e SUBSEQUENT TOWN MEETING Reading Memorial High School Performing Arts Center Possible Alternatives to Polystyrene L6,) : November 21, 2022 ❖ Paper ❖ Polyethylene Plastics za ❖ Aluminum ❖ Polypropylene Plastics ZTS ❖ Compostable ❖ Miscellaneous Plastics z'a Who is affected? This bylaw applies to food establishments which includes restaurants, mobile food vendors, caterers, public and private schools, farmers markets, civic or religious centers or facilities, any building owned by the Town of Reading, and any establishment requiring a permit to operate in accordance with the State Food Code. Will it hurt? Not much Based on the recommendation from local businesses during our one-on-one engagement efforts, the Reading Climate Advisory Committee used a popular online, bulk retailer Webstaurant Store (www.webstaurantstore.com), to price generic takeout food containers. We have examined small and large items, purchased by the case, for polystyrene products and their alternatives. Prices were evaluated at a single case rate, and then a per unit price was calculated for comparison. The table shows the results and the differences on a per unit basis. Prices of cups which are intended to serve hot beverages includes the cost of paper sleeves. The table shows that the prices are comparable within pennies. 9 1 P a g e Table 1: Cost comparison between polystyrene products and proposed alternatives Item 8 oz. Paper Coffee Cup Sleeve for 8 oz cup Description Cost Cost [$/un] dif [0] Choice 8 oz. White Poly Paper Hot Cup - 1000/case 10.036 Choice 8 oz. Printed Coffee Cup Sleeve / Jacket / Clutch 20 oz. Paper Coffee Choice White Poly Paper Hot Cup - 20 oz. - Cup 600/Case 20 oz. Paper Coffee Choice 10-24 oz. Printed Coffee Cup Sleeve / Sleeve Jacket / Clutch - 1200/Case +4 0.026 1.30 08] Sugarcane plate Eco Choice Biodegradable, Compostable + 4 Sugarcane/Bagasse 9" Plate - 500/case 0.086 2.10 Eco Choice Compostable Sugarcane / Bagasse 1 Big Sugarcane Compartment Take -Out Box 9" x 9" x 3" - - Takeout Container 200/Case 0.22 1.00 SUBSEQUENT TOWN MEETING Reading Memorial High School Performing Arts Center Small Sugarcane Eco Choice Compostable Sugarcane / Bagasse 5" x Takeout Container 5" x 3" Take -Out Container - 500/Case Polypropylene Fork We Go White Polypropylene Fork Dispenser Refill - 1000/Case November 21, 2022 Polypropylene Choice White Medium Weight Wrapped Plastic Cutlery Pack Cutlery Pack with Napkin and Salt / Pepper Packets - - 500/Case 0.058 0.20 What is not covered? The following are not subject to the prohibitions of this bylaw: • Prepackaged meat and produce trays, egg cartons, and other food or beverage products bought from or packaged by a supplier other than the food establishment. So, food purchased in polystyrene containers may be sold in those containers. • There is no constraint on the sale of polystyrene food service items, such as picnic supplies, that are purchased by an individual for private use. There is no constraint on the sale of polystyrene items unrelated to food service such as packaging peanuts or freezer chests. When will this bylaw be implemented? The bylaw will become effective six months after it is posted which would mean summer 2023. It will be administered by the Public Health Director who can authorize six- month waivers for those who need them. Finance Committee report: No Report Bylaw Committee Report — given by Jeff Struble: At their meeting on October 11, 2022, the Bylaw Committee voted 5-0 to recommend this Article to Town Meeting. Motion made by Carlo Bacci, Precinct 5 to Indefinitely Postpone Article 20 Counted Vote 61 in the affirmative 85 in the negative 150 Town Meeting Members in Attendance Motion Does Not Carry 10 1 P a g e SUBSEQUENT TOWN MEETING Reading Memorial High School Performing Arts Center November 21, 2022 Motion made by James Bonazoli, Precinct 6 to move the question of Indefinitely Postponement 2/3rd Vote Required 122 in the affirmative 18 in the negative 150 Town Meeting Members in Attendance Motion Carried to End Debate Motion made by Todd Merkle, Precinct 8 to amend as follows 8.14.4.5 This bylaw shall take effect 4x twelve months after it is posted by the Town Clerk in accordance with G.L. c.40, §32. Motion Carried Motion made by Jeff Dietz, Precinct 5 to move the question 2/3 rd Vote Required 128 in the affirmative 8 in the negative 150 Town Meeting Members in Attendance Motion to End Debate Carried After some discussion a vote was taken Counted Vote 126 in the affirmative 8 in the negative 150 Town Meeting Members in Attendance Main Motion Carried as Amended Motion made by Mark Dockser, Select Board to adjourn the 2022 Subsequent Town Meeting adjourn sine die at 10:39 PM with 150 Town Meeting Members in attendance. Motion Carried A true copy Attest: Laura A Gemme, CMC /CMMC Town Clerk 11 1 P a g e Reading Climate Advisory Committee .� ✓ember 14, 2022 What is the Problem? Polystyrene is based on styrene, a neurotoxin and probable carcinogen Polystyrene is the only plastic used in food packaging that is based on a carcinogen. Polystyrene resin usually contains a small amount of residual styrene that can leach out of the plastic. Styrene leaching increases with temperature and with certain foods (alcohol, oils or fat). Polystyrene items harm wildlife. The foam form, in particular, is often mistaken as food by both domesticated and wild animals. Polystyrene is not biodegradable. It fragments through mechanical action and photodegradation in the presence of light; the process takes an estimated 200+ years to complete. Polystyrene is almost never recycled due to its low value. The bulky foam form is not accepted in curbside recycling programs. The rigid form even when collected curbside is never recycled. What is Polystyrene? Polystyrene is a particular type of plastic. It may be labeled with the recycling number "6° or"PS 6." It comes in two forms which, in the bylaw, are called foam polystyrene and L6 rigid polystyrene. tj Disposable food service containers are single -use disposable products used for serving, consuming or transporting food or beverages: Foam Polystyrene is blown polystyrene and expanded and extruded foams (sometimes called "Styrofoam"). Foam Polystyrene is generally used to make opaque cups, bowls, plates, trays, clamshell containers, meat trays, and egg cartons. Rigid Polystyrene is clear or solid polystyrene. Rigid Polystyrene is generally used to make clear clamshell containers, and clear or colored cups, plates, straws, lids, and utensils. It is relatively strong and stiff but brittle. No Longer Acceptable Polystyrene Products: 1 �" What is the alternative? Paper/cardboard Foil Plant -based materials Compostable containers Other types of plastics (#1,#2,#3,#4,#5, and 47) Regulation Ll.� L2.� Commonly PETE HDPE recycled t3 t_5 V LDPE PP L7 43 PS OTHER Regulation Food establishments within the Town shall be prohibited from using or distributing disposable food service containers made from foam polystyrene or rigid polystyrene, or polystyrene cutlery or other polystyrene single -use disposable products. This bylaw does not limit Service items made of other materials including other plastics Prepackaged food or beverage products bought from another supplier Polystyrene food service items sold to individuals for private use Items unrelated to food service like foam packaging peanuts or freezer chests The purpose of this bylaw is to limit the distribution of polystyrene food service containers and utensils and to encourage establishments to switch to similar items made of healthier and more environmentally friendly materials, or to switch to reusable food service items, or to adopt other approaches that do not require such containers or utensils. Existing Bylaws & Laws MassGreen.org lists P/ys o�lystyrene Regulations in Cities and Towns in Massachusetts Abington, Amherst, Andover, Arlington, Athol, Brookline, Buckland, Cambridge, Chelmsford, Concord, Dennis, Eastham, Essex, Georgetown, Gloucester, Grafton, Great Barrington, Greenfield, Hamilton, Hanson, Ipswich, Lee, Lenox, Lexington, Manchester -by -the -Sea, Marblehead, Melrose, Nantucket, Natick, Newton, Northborough, Orleans, Pittsfield, Provincetown, Rockport, Saugus, Shrewsbury, Somerville, South Hadley, Stockbridge, Upton, Wayland, Wellfleet, Westfield, Westford, Williamstown, Winthrop 6A Foam polystyrene is banned in Maryland (2020), Maine (2021), Vermont (2021), New York (2022), New Jersey (2022), Colorado (2024), and Virginia (2025). Who is affected? Food establishments shall mean operations that store, prepare, package, serve, vend or otherwise provide food for human consumption as further defined in 105 CMR 590.002, including, but not limited to, restaurants, mobile food vendors, caterers, public and private schools, farmers markets, civic or religious centers or facilities, any building owned by the Town of Reading, and any establishment requiring a permit to operate in accordance with the State Food Code.* " MA Department of Public Health regulation 105 CMR 590 STATE SANITARY CODE CHAPTER X - MINIMUM SANITATION STANDARDS FOR FOOD ESTABLISHMENTS Implementation This bylaw takes effect six months after it is posted by the Town Clerk. Reading's Public Health Director is the enforcement officer. The Director may grant a food establishment up to two (2) six-month waivers. The Director may promulgate rules and regulations to implement this bylaw. Penalties under this bylaw are mild compared to typical bylaws. First Offense: Warning; Second Offense: $50; Additional Offenses: $200 No Longer Acceptable Polystyrene Products: i M Alternatives Alternatives Paper Products Foil Products 4& W" Alternative Plastics Z43 PET/PETE Polyethylene: T� PP Polypropylene: Takeout Foam Polystyrene Compostable Sugarcane Aluminum Foil 9" x 9" x 3" 9" x 9" x 3" 8 3/4" x 6 1/8" x 2 1/8" $35.49 for 200 $43.99 for 200 $40.99 for 250 18¢ each 220 each 160 each Cups _j Rigid Polystyrene 8 oz. $47.49 for 500 9.5¢ each Takeout Polyethylene 9 oz. $96.99 for 1000 9.7¢ each Polypropylene 9 oz. $66.99 for 2500 2.8¢ each Rigid Polystyrene 9" x 9 1/2" x 3" $89.99 for 200 45¢ each Mineral Filled Polypropylene 9" x 8 13/16" x 3" $69.99 for 150 47¢ each Cardboard 8"x8"x3" $50.99 for 110 460 each Summary and Comparison Table 1: Cost comparison between polystyrene products and proposed alternatives Board of Health Item Cost[$/unit] Cost difference[C] Sep. 6 8 oz. White Foam Coffee Cup 0.049 Bylaw Committee 8 oz. Paper Coffee Cup 0.036 Sep. 10... Sleeve for 8 oz cup 0.026 + C 1.30 20 oz. Paper Coffee Cup 0.08 Oct.13 20 oz. Paper Coffee Sleeve ....c 0.035 - C 0.50 Sugarcane plate r,. 0.086 +C 2.10 Big Sugarcane Takeout Container 0.22 - C 1.00 Small Suga rcane Takeout Container 0.11 + C 2.80 Polypropylene Fork r� 0.038 + C 0.10 Polypropylene Cutlery Pack 0.058 - C0.20 source:ww mbsmu—btore.rom Backup Questions? Reviews / Outreach Aug. 4 Board of Health Aug. 30 Select Board Sep. 6 Town Counsel Sep. 7 Bylaw Committee Sep. 8 RPS Food Service Sep. 10... Businesses Oct. 3 Chamber of Commerce Oct.12 Public Forum (Zoom) Oct.13 Public Forum (Library) Oct.27 Public Forum (Tin Bucket) Nov. 14 Town Meeting Cups Forks Rigid Polystyrene Polypropylene Compostable Plastic Styrofoam (Polystyrene) Poly -coated Paper $17.49 for 1000 $28.99 for 840 (e.g., cornstarch) 8 oz. 8 oz. 1.7¢ each 3.5¢ each $76.99 for 1000 $49.49 for 1000 $35.99 for 1000 7.7¢ each 4.9¢ each 3.6¢ each Lids t Polystyrene Polyethylene Compostable Plastic 35/8- 4" / 9 oz. 4" / 9 oz. $134.99 for 2000 $29.99 for 1000 $38.99 for 1000 6.7¢ each 3.0¢ each 3.9¢ each Move to indefinitely postpone Article 20 and not financially burden over 50 food establishments in town, our schools, religious organizations, and our Senior Center. Ask Climate Advisory Committee to postpone for at least 1 year, so supply chain can ease and prices stabilize. Before Covid, the phrase supply chain issues was not part of our everyday life. Currently we are living a Supply Chain Nightmare with no end in sight. Costs continue to rise on a monthly, weekly, and daily basis. Items are out stock. Items are backordered. Items are discontinued. "We have no idea when that item will be in stock again" is now a common phrase. My Background for Context and Experience Self Employed for 33 years dealing with Cost of Goods Current Small Business Owner of a Chocolate Manufacturing business Former owner of a retail storefront, The Chocolate Truffle in Reading Small Business Advocate and Mentor to other Small Businesses On page 36 of the warrant, it says "Will it hurt? Not much." "Based on the recommendation from local businesses during our one-on-one engagement efforts, the Reading Climate Advisory Committee used a popular online bulk retailer webrestaurantstore.com" One-on-one efforts led to only 3 business owners having the time to attend the forums and public meetings that were held. A member from the Climate Advisory Committee informed me that they spoke with Nella's, Pizza World and Zucca and that's where they got the idea to use webrestaurantstore. I informed the CAC at a SB meeting that it would be difficult for them to obtain current pricing with known suppliers, because they do not have access. The site Webrestaurantstore listed in your packet is not a true representation of the suppliers the 3 companies use on average because it doesn't take into account the increased cost of shipping, minimum order requirements or added fuel surcharges. A sampling of known popular suppliers in the area: Sysco foods US foods Performance Food Group Gordon Food Service J. Stone Diamond foods Colony Foods Kosta Provisions Accardi Foods Restaurant Depot Colony Foods, Kosta Provisions and Restaurant Depot are the suppliers used by the 3 local businesses mentioned earlier on an average basis, NOT webrestaurantstore Containers, Hamburger, Medium 5.75 x 5.75 x 3.25 Inch, Foam, White, Hinged, Polystyrene #884420 1 Gordon Choice 1 84 Count/Package, 6 Packages/Case Case $0.08/each $42.64 Containers, 6 x 6 Inch, Molded Fiber, Natural, Eco -Bamboo, Clamshell#849697 Better Earth 1 500 Count/Package, 1 Package/Case DS Case $0.22/each $108.95 Standard Hinged Burger size take out container, .14 per unit higher than non polystyrene. Cost Comparrison Gordon Choice 8.88 Inch Foam Plates, White, Polystyrene, 125 Ct Package, 4/Case #275077 1 125 Count/Package,4 Packages/Case CASE $42.22 $0.08/each Plates 9 Inch, Molded Fiber, Natural Round, Wheat Straw#849692 I Better Earth 1 500 Count/Package,1 Package/Case DS Case $0.18/each $91.90 9 inch plate example .10 more per unit for non polystyrene Cutlery Kits, Fork/Knife/Spoon, Medium Weight Plastic, CPLA, Compostable, Black , with Napkin#844992 I Better Earth 1 500 Count/Package, 1 Package/Case $.25/each Case $124.96 Cutlery Kits, Fork/Knife/Spoon, Medium -Weight Plastic, White, Polystyrene 9248002 1 Kitchen Essentials 13 Pieces/Package, 250 Packages/Case Case $0.18/each $44.33 Standard take out utensil kit. 07 per unit higher for non polystyrene Containers, Take -Out, 8 x 8 x 3 Inch, Molded Fiber, Natural, Square, Clamshell#849668 Better Earth 1200 Count/Package, 1 Package/Case DS Case $0.47/each $94.00 Containers, Hoagie, Large 9.63 x 5.13 x 3.25 Inch, Foam, White, Hinged, Polystyrene 884400 1 Gordon Choice 1 125 Count/Package, 2 Packages/Case Case $0.22/each $55.77 Very popular take out container. .25 per unit higher for non polystyrene Pans, 24 Ounce Deep, Foil, Round #334491 1 Novelis 1 500 Count/Each, 1 Each/Case Case $0.11/each $53.13 Bowls, 24 Ounce, Molded Fiber, Round, Natural, Fiber#849736 I Better Earth 1 400 Count/Package,1 Package/Case DS Case $0.25/each $101.70 Commonly used foil take out bottom. Vs. non -foil .14 per unit higher Very popular take out utensil pack from Restaurant Depot. .11 per unit polystyrene. tib_ No other alternative to choose from. IWO144"-i, 16 oz. cold/hot cup Foam and Paper coated from Restaurant Depot. No Polystyrene for both. Foam .11 per unit Paper .07 per unit o Good news here, but the only lid they offer for both is #6 Polystyrene. Restaurant Depot is a full service supplier for the restaurant industry open 7 days per week and is often used as a back up supplier if you run out of something or it can be used because they have better prices as well. Restaurant Depot did not offer any earth friendly takeout containers across all categories as the other suppliers did in this presentation. When restaurants order from a supplier this is a minimum. When the supplier orders from the manufacturer there is a minimum. Suppliers stock only a handful of manufacturers and during this supply chain crisis, it has caused many problems. The point of me saying this is to explain that food establishments purchase from many different local suppliers and they are all having challenges that have not occurred in the 33 years I have been in business. COVID was a very challenging time for our community businesses and now the current climate presents a more difficult picture because of rising costs and many uncertainties which are too difficult to plan for. In respect for our community businesses I am asking for a 1 year delay to be revisited. Thank you. 239862 CONT FOAM 1C 6X6X3 WHI HNGD LG 4/125 CT FIRST MRK 40.3500 .08 279134 CONT TAKE OUT 6X6 BAGASSE 1/500 CT WRLDCENT 119.5500 .24 402125 MEAL KIT F -K -S -N WHI 1/250 CT WRLDCENT 80.3500 .32 810607 MEAL KIT K -F -S -N -S&P MW WHI PP 1/250 CT FIRST MRK 33.8900 .135 332096 PLATE 9" PLANT FIBER 20/50 CT WRLDCENT 173.7500 .17 197485 PLATE FOAM 8.88" WHI 4/125 CT FIRST MRK 39.0500 .08 These prices are from Performance Food Group WRLDCENT is World Centric for earth friendly take out containers FRSTMRK is First Mark polystyrene products This is another example from another supplier that to show Polystyrene is less expensive as per the other example from Gordon Food Service.