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