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HomeMy WebLinkAbout2024-03-18 SB-min Select Board Meeting March 18, 2024 A meeting of the Lexington Select Board was called to order at 6:00p.m. on Monday, March 18, 2024, via a hybrid meeting platform. Mr. Pato, Chair; Ms. Barry, Mr. Lucente, Ms. Hai and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager and Ms. Katzenback, Executive Clerk. ITEMS FOR INDIVIDUAL CONSIDERATION 1. 2024 Annual Town Meeting  Update - ATM 2024 Article 31: Prohibit Single-Serve Plastic Water Bottles (Citizen Petition) Thomas Wanderer, Citizen Petitioner, updated the Board on ATM 2024 Article 31: Prohibit Single-Serve Plastic Water Bottles (Citizen Petition). He explained that he went to Concord, MA to determine how a similar ban has impacted businesses. One café was enthusiastic about the bottle ban, but the other three were not impressed. In Lexington, he visited 19 establishments and did not get the feeling this ban would be a big deal. Ms. Hai noted that several establishments seemed to comment on the impact on tourists who may not arrive with their own water. Mr. Wanderer stated that most of them will continue to sell water in aluminum containers if the ban moves forward. This will be a bit more expensive. Ms. Hai expressed concern regarding the impact on small businesses and/or tourists. Mr. Wanderer noted that there are alternatives readily available. There are also free water stations available throughout the Town. Mr. Lucente stated that the Center Committee discussed this item and voted unanimously not to support it. The Committee believed the Article is not yet holistic enough regarding plastics. Ms. Hai noted that the EDAC had similar concerns and also voted against supporting it. Mr. Michelson, Chair of the Center Committee, stated that the Committee also expressed concern regarding increased costs to the consumer and ability for tourists to get water. Mr. Malloy noted that enforcement after the fact may also be difficult. This could require adding staff to the Health Department in future years. Town Council, Mina Makarios, stated that his experience with this bylaw in Concord goes back to before its promulgation, and the town had anticipated some significant pushback. These threats of a challenge never materialized. To his knowledge, there has never been an issue with enforcement, nor with availability of water. The town has made additional filing stations part of its priority. An emergency exemption could come into play if the town's water was affected, and bottled water was necessary at the time. Mr. Sandeen stated that he looks at this as a health issue. Recent studies show that there are approximately 240,000 microplastic particles in every liter bottle of water. He believes we should address this from a health perspective and would support moving forward based on the fact that the proposed bylaw language is the same as the Concord bylaw, which has had a good experience over the last 12 years.. Mr. Pato stated that, due to time, he will not take public comment on this this evening. He is inclined to support it but would like to hear more at Town Meeting.  Amendment - ATM 2024 Article 29: Amend the General Bylaw - Noise Control o (a) Provide clarity related to construction-related noise complaints Matt Daggett discussed an amendment to ATM 2024 Article 29: Amend the General Bylaw - Noise Control (a) Provide clarity related to construction-related noise complaints. The Board watched a video to introduce the proposed amendments. Mr. Pato expressed concern that the definition of ledge work was not included in the original draft. Once the definition was submitted, it included rock crushing, which the Board had not enumerated in the set of ledge work techniques that would have been excluded from 7am-9am. An additional material change was in requiring the reporting and public access to the reporting of noise issues, which could incur additional Staff burden. Mr. Malloy stated that Jim Kelly, Building Commissioner, noted that while it will be additional work, he believes that he can absorb that amount of work. There was discussion regarding certain sections of the proposed bylaw and who it would apply to. Mr. Lucente stated that he looks forward to the establishment of the Noise Committee in order to work through some of these questions and concerns.  Approve Select Board Report to Town Meeting The Board reviewed the draft report. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Select Board Report to 2024 Annual Town Meeting as presented with additional edits at the discretion of the Chair.  Select Board Article Discussion and Positions No new positions were taken at this meeting. DOCUMENTS: Amendment Art 29a Matt Daggett, Amendement Art 29a description, Art 31 Prohibit Single-Serve Plastic Water Bottles, Art31motion, Select Board Working Document - Positions 2024ATM, Select Board Report to Town Meeting-clean, Select Board Report to Town Meeting – MARKUP, Moderator’s Proposed schedule for ATM 2024 - as of 3-8-2024 2. Discuss and Approve Expenditure of Funds for Gift of Cash Received for Lowell Street Paving Project and Approve First Amendment to the Intermunicipal Agreement with Town of Burlington Mr. Malloy explained that one part of this item is to authorize the use of funds that Lexington will receive from Burlington for repaving Lowell Street. Similar to other projects/programs where the Town receives funds from another entity, the specific department may accept those funds, but cannot expend those funds until the Select Board has approved the purpose of the funds. Additionally, the original intermunicipal agreement (IMA) between the Towns of Lexington and Burlington contemplated Burlington contracting for the repaving of Lowell Street. The Lexington DPW has indicated they prefer to manage the contract to ensure the contractor meets Lexington's expectations on quality and working with residents. Town Counsel has drafted the attached First Amendment to the IMA. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the use of funds from the Town of Burlington for the purpose of repaving Lowell Street and further, authorizing the Town Manager to execute the First Amendment to the Intermunicipal Agreement for Water Main and Lowell Street Paving between Lexington and Burlington. DOCUMENTS: Amendment to IMA, Original IMA, MGL44,Sec.53A 3. Discuss Town Manager Search Process The Board discussed directions for recruiting the next Town Manager. The Board agreed that Ms. Hai would shepherd this process and develop a transition timeline. Mr. Sandeen agreed to be the second member of this process. The Board agreed that Mr. Pato would thus take over the item to review the Human Rights Committee restructuring and charge. DOCUMENTS: 2018 Town Manager Search Screening Committee Charge, 2018 Recruitment RFQ, 2018 Lexington Profile 4. Authorize Town Manager to Execute Easement Between Town of Lexington and Fiske Common Condominium Trust Mr. Malloy explained that the Town has been negotiating for the past decade to put into place an easement agreement with the Fiske Common Condominium Trust to allow students of the Fiske School to walk across their property to access the school property. This was originally in the Planning Board approval for the Fiske Common Condominium Project approximately 40 years ago but had never been formalized and legally filed as an easement. The Board reviewed the final easement agreement that the Condominium Trust Board approved recently on a 4-1 vote. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Town Manager to execute the easement agreement between the Town of Lexington and the Fiske Common Condominium Trust as attached and further to authorize non-substantive edits as recommended by Town Counsel. DOCUMENTS: Easement Agreement 5. Discuss Appointment of Select Board Member to Cary Library Trustees Nominating Committee Mr. Pato explained that the Nominating Committee for the Library Board of Trustees consists of three members: one representative from the Select Board, one from the School Committee, and one from the Clergy Association. The Nominating Committee will present a slate of five Executive Board members, including a Chair and a Vice- Chair, for a vote at the Annual Meeting of the Cary Memorial Library Board of Trustees being held in May. A Select Board member is needed to be the Select Board representative on the Nominating Committee for Trustees of Cary Library. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to appoint Mr. Lucente as the Select Board representative on the Nominating Committee for the Trustees of Cary Library. DOCUMENTS: 2024 Cary Library Trustees Nominating Committee Request Letter ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 6:54 p.m. A true record; Attest: Kristan Patenaude Recording Secretary