HomeMy WebLinkAbout2004-07-14-ART40-min.pdf Article 40 Ad Hoc Committee
Meeting Minutes of July 14. 2004
Members Present: Tony Galaitais, Noise Advisory Committee; Jeanne Krieger,
Selectman; Tom Diaz, School Committee; Wendy Heiger-Bernays, Board of Health;
Judy Crocker, PTA Council; Sheryl Mason, School Business Dept., Jim Wilson, Local
Business; Derek Fullerton, Health Dept., Ingrid Klimoff, Citizen; James Sheehy, Citizen.
Absent were Mark Corr, Police Department. Public attendance included local citizens,
Cynthia Johnson, Brian Susnock, and Julian Bussgang.
Meeting called to order at 7.30 p.m. at Cary Memorial Library Lexington.
Members of the committee nominated Tony Galaitais and Wendy Heiger-Bernays as Co-
Chairmen. Tom Diaz motioned the nomination, Sheryl Mason seconded.
Meeting Dates were set as: August- No Meeting
September 22
October 21
November 10
December-No Meeting
January 20
February 17
March 17
Initial discussion was based on how Article 40 was initially developed within Lexington
and how the substitute motion in 2004 was adopted.
Public comment from Mr. Julian Bussgang outlined how the substitute motion is to
discuss "unnecessary" operation of engine idling. He indicated that the Selectman
wanted to identify and define "unnecessary' and enforcement parameters; both which
pertain to the creation of the Article 40 Ad-hoc committee.
Tom Diaz suggested that the group focus on the `unnecessary' determination. Jim
Wilson asked if the bus contract is a standard contract or is it specific to Lexington.
Sheryl Mason answered that the contract is specific to Lexington, however, C&W
Transportation company serves other towns.
Wendy Heiger-Bemays questioned on what other communities in Massachusetts have
done to enforce the state law at the local level and what has been set precedent by the
state in enforcing at the local level. Ms. Bernays indicated that a student from Boston
University would be available to conduct research of data pertaining to her two questions
above.
The two additional questions were added by the committee for the student to research, as
follows:
• Have the Cities/Towns defined necessary as described in State Law
within their entity?
• Have Cities/Towns adopted State Law for their local approach?
A motion by Tony Galaitais was made to accept the use of the BIT student to conduct
research for the committee. Derek Fullerton seconded the motion.
Jim Sheehy indicated that he has had prior contact with the Environmental Protection
Agency (E.P.A.). The E.P.A has and is willing to do monitoring
Public comment from Mr. Susnock and Mrs. Johnson both suggested that the committee
look at other communities for examples.
Ingrid Klimoff pointed out that a person in Marblehead, MA has been working closely on
similar issues pertaining to the ad-hoc committee. Jeanne Krieger inquired about how the
E.P.A. would help Lexington which is struggling to enforce a state law pertaining to
engine idling. She commented that the committee needs practical advice on what a truck
operator can do to comply with the five-minute idling threshold.
Ms. Klimoff suggested that we invite Fred Civian from the Department of Environmental
Protection (D.E.P) and a field investigator from E.P.A. Ms. Bernays volunteered to
contact E.P.A. and Mr. Wilson would contact D.E.P to invite personnel to future
meetings. Tom Diaz motioned, Ms. Bernays seconded.
Public comment from Mr. Bussgang inquired if D.E.P would assist in clarifying for
Lexington what are the requirements to join the Metropolitan Air Pollution Control
District. He also informed the committee that the Town of Wellesley has "No Idling"
signs posted at the schools within the town. Ms. Bernays mentioned that the signs were
created by the Wellesley Health Department.
Ms. Krieger indicated that she would check with the Lexington Police Department to
identify the amount of oversight and enforcement being conducted currently and in the
past, including complaints issued and responded to, and ticket issuance.
Ms. Klimoff suggested that a list be generated that parses the Article 40 motion into
distinct bullet categories to clearly identify each issue for investigation.
A motion to adjourn was made by Mr. Diaz; seconded by Ms. Klimoff.
The meeting was adjourned at 8.49 p.m.