amendment to Article 31 Water Bottle Ban

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er...@michelsonshoes.com

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Apr 10, 2024, 3:46:36 PM4/10/24
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Fellow Town Meeting Members,

 

I have filed an amendment to Article 31 to substitute the motion with as follows: That this article will be referred back to the Select Board.

Referring back to Select Board will allow further review of the Citizen’s Article with more complete information.  The Lexington Chamber of Commerce and the Lexington Retailers Association recently polled the relevant local businesses and initial results have shown that:

  1. Local businesses are unaware of the pending bylaw
  2. It has the potential to have a great impact on their revenue and profits

We are still awaiting a more complete response and will share the complete results with Town Meeting prior to debate.

We are seeking this further study because:

  1. There has been no Town initiated outreach to the local business community. This is a very different process than what occurred for the plastic bag ban initiative. At that time the proponents worked with the LCC and LRA to come to a mutually agreeable outcome that minimized the negative effects on our local businesses while still allowing the town to reach the desired goal.
  2. There has been minimum involvement of the Town’s Sustainability Director and Department of Public Works to answer questions such as how much of our plastic bottles are recycled and the carbon footprint of alternatives to plastic water bottles. These effects should be considered as the initiative is formulated.

This initiative will affect the everyday lives of town residents and small and large local businesses. This is not an effort to stop this initiative, but is an effort to use the Lexington way of solving these problems that is based on bringing all stakeholders to the table. We feel that a sufficient effort has not been made by the citizen proponents and that only a Town driven process can do this justice.

I look forward to providing Town Meeting with more information and data that will support this substitute motion.

Eric Michelson

Precinct 1

 

 

Bridger McGaw

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Apr 10, 2024, 5:52:10 PM4/10/24
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Thank you Eric for this action. The Economic Development Advisory Committee voted to not support this Article as written.  Our issues go beyond the ones Eric notes around stakeholder engagement and policy coordination. The planning challenges are much greater. Where would bottle filling stations be located in town and not just in the Center but across business districts. What is the Town's responsibility if we remove this access to single use water bottles from businesses.   Have we considered the infrastructure and planning we would want to see built into future developments, venues, and businesses to allow public ease of access to water vs plastic bottles?  

Is this policy action a priority for the Town right now? If it is, the Sustainability Director deserves time to research and prepare evidence with care so the Select Board can better evaluate the implications, opportunities and challenges such an action would impart on our town.

While the EDAC recommendation is to vote this down. Speaking for myself, I will support the Alternative Motion to provide the Town Staff and Select Board time to evaluate the alternatives before we move forward or not.

Thanks Eric for moving this.

Bridger McGaw
Precinct 6

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Matt

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Apr 17, 2024, 11:46:15 PM4/17/24
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Town Meeting Members,

Article sponsors put in tens to hundreds of hours of effort crafting and promulgating their articles for the consideration of Town Meeting, and an unfriendly motion to refer an article, no matter how well intentioned, is a disservice to those who put in all this work.  If what is proposed under Article 31 is not ready, then Town Meeting can simply vote it down -- but let's not deny the citizen petitioner(s) an up or down vote on their work by the tactical use of parliamentary procedures and subsidiary motions.  One of the last times a citizen's petition was referred to the Select Board, it took five years for it to come back to Town Meeting as a Select Board article. 

If introduced, I hope you will consider defeating this amendment so that Town Meeting will be afforded the opportunity to vote on the merits of the main motion.

Very respectfully,

Matt Daggett
Precinct 2



Laura Swain

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Apr 18, 2024, 6:33:30 PM4/18/24
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I oppose the amendment filed by Eric Michaelson for the reasons stated below:

Policy:  Bottled water is primarily sold in plastic polyethylene terephthalate or PET made from oil and petrochemicals. Continuing to rely on petroleum products while we wait for recycling or purchasing data is costly. We know enough about recycling habits in Massachusetts and alternatives to plastic water bottles to eliminate the sale of small plastic water bottles. In addition, Lexington supports zero waste  (see the Lexington Zero Waste Plan) and is committed to sustainable measures to support electrification of our buildings, weaning off of oil and gas. This article is a step in the same direction.


Price:  Some people are concerned about the price of canned water. I did some research online and discovered many brands of metal cans and bottles available at the same price as bottled water. Prices range from $15 to $35 for a case of 24 containers of 12 or 16 ounce aluminum bottles or cans or plastic bottles. Of course, carrying your own reusable water bottle is cheapest!


Recyclability: The aluminum water bottle may be reused many times without degradation. Though many folks reuse the plastic water bottles, the reason we are told not to is because the plastic degrades and we ingest it. In addition, when an aluminum can or bottle is recycled, it may be recycled into another water container. Plastic bottles can only be down-cycled, i.e. using the plastic for products of lesser quality because plastic breaks down with each recycling iteration. Lexington residents pay for both recycling and disposal services. Aluminum cans collected for recycling are worth more than plastic bottles and thus would reduce our town’s recycling costs.


Human and environmental Impacts: The EPA reports that the recycling rate of PET containers is less than 30 percent. Recycling isn’t the answer anyway because recycling plastic creates some of the same toxins, including microplastics, as when plastic is created originally. And in Lexington, when PET bottles aren’t recycled, they are incinerated, creating toxic fumes in Environmental Justice communities. Plastic packaging pollutes the air, and produces pervasive litter that threatens the lives and health of plants, animals, and humans. Microplastics have been found in human blood, brain & placentas, and in all the animals we eat. Reducing one source of microplastics- small plastic water bottles-  is a good first step to reducing sources of microplastics.


Examples: Concord has had a plastic water bottle ban for 12 years and its businesses and eating establishments have adjusted. Arlington also enacted a water bottle ban last year. Many families in Lexington vacation on Cape Cod: ten towns on the Cape have enacted plastic water bottle bans in the last few years.Governor Healey issued an executive order last fall prohibiting Executive offices and agencies from purchasing single-use plastic beverage bottles. 



Avram Baskin

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Apr 19, 2024, 9:59:34 AM4/19/24
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I agree that there are harms to people and the environment from plastic water bottles.  But there are many harms from many sources to  people and the environment from products that we use in our day-to-day lives.

I am voting in favor of the amendment, for two reasons. 

First, because I agree with the amendment that no outreach was done to businesses by the proponent and business owners deserve better than to be cut off at the knees by the town.  That should not be the way Lexington as a town treats its loyal businesses.  While I’m sure that many town meeting members have gone online and “solved the problem” for business owners, because, of course, town meeting members know more about supply chain management and running a small business than the business owners.  The fact is, business owners do not buy their inventory on Google or Amazon. The way you keep a retail store stocked is by having relationships with vendors. Businesses have agreements with their vendors and it is not possible for them to flip on a dime and change their inventory.

The second reason is that article 31 is a pointless ban.  Do we actually think that Lexington residents will not go to neighboring towns or go to Amazon or other online sources to purchase their bottled water? The ban may make us feel good because it puts us on a list, but in my opinion it will have zero impact on decreasing pollution or in reducing the purchase of bottled water.

Avram Baskin
TMM, Precinct 2

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Avram Baskin
Be yourself, 
everyone else is already taken

Oscar Wilde

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Ricki Pappo

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Apr 21, 2024, 11:43:11 AM4/21/24
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TMMAs,

I plan to vote against the amendment on A31 and for the original A31. The use of plastics is the follow-up plan for our fossil fuel companies. By increasing the use of plastics they are guaranteed to be able to continue to use their product even as we transition to clean energy. If you have seen the commercials on TV about "recycling" plastic being put on by the plastics industry, they are greenwashing the ability to recycle plastic. We know that most of our plastic that we put in our bins are actually getting burned at the incinerator. Laura Swain's post about this (at the beginning of this thread) points out the many fallacies of the false promises of the plastics industry. 

Lexington is at another crossroads with this Article to stop the proliferation of single use plastic water bottles to use your personal water bottles and fill up at our local establishments or switch to truly recyclable aluminum. I believe that our store owners will make the switch, as they did in Concord, and will not suffer any consequences. Outreach has been done by the proponent. Change can always be difficult, but when alternatives exist we can work to employ them. 

Please join me in supporting A31 in its original form. The SB has much to do in the future and returning this to the SB will put this bylaw into a holding phase. The continued use of single-use plastics is a continued nod to the fossil fuel industry. We just became a fossil fuel free community in our buildings, let's continue this philosophy by also banning plastic water bottles. Let's encourage the Town to create more water filling stations, encourage our businesses to allow for water filling and alternatives to plastic, and let's continue the great work that Town Meeting has been doing by supporting our transition away from fossil fuels, wherever and whenever we can. 

The threat to our climate by the continued use of fossil fuels is well-documented by science. Every step away from fossil fuels is a step toward a more livable and stable environment in which we live. 

I believe our youth deserve a better future. All of our decisions at Town Meeting are to set a path for a more sustainable and resilient community. This is also one of those decisions. 

Ricki Pappo
Pct 2

(Chair, Lexington Climate Action Network, LexCAN)

Avram Baskin

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Apr 21, 2024, 12:19:34 PM4/21/24
to Ricki Pappo, LexTMMA
I agree with everything Rikki Pappo said about how single use plastic water bottles are harmful to people and the environment and their role in climate change and global warming.  I also agree with her that plastics are the petroleum industries plan b for fossil fuels.  The reason I’m thinking of voting in favor of the amendment and no on the original article, or abstaining, is that, regardless of whether this sends a message to the state about where we stand, this will be a pointless ban that will have no meaningful impact on the use of these bottles. As I said in a prior response, people who want them  will get them from Amazon or other online vendors or drive to a neighboring town that does not have a ban.  I think the town’s time would be better spent lobbying the state legislature and Governor Healy for a state-wide ban.

Tom Diaz

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Apr 21, 2024, 1:01:13 PM4/21/24
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I have a question for Eric Michelson.   Your email says this is not an attempt to stop the initiative.  Will you support a similar motion next year?

Tom Díaz
Precinct 8



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BRONTE ABRAHAM

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Apr 21, 2024, 2:12:23 PM4/21/24
to Ricki Pappo, LexTMMA
Curious if anyone knows if there a companion plan to support installation of water bottle refill stations around town and at local establishments if this is passed? 

I know that it can be very tricky to fill water bottles at a tradition water fountain/bubbler and that some stores don’t allow people to use their dispensers if they are not purchasing a food/item in the store.  I know I have been guilty of buying water bottles when I run out because I have no “re supply” options. 

Thank you 

Bronte Abraham Precinct 3 

Sent from my iPhone

On Apr 21, 2024, at 11:43 AM, Ricki Pappo <ricki...@gmail.com> wrote:

TMMAs,

er...@michelsonshoes.com

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Apr 21, 2024, 2:21:14 PM4/21/24
to Tom Diaz, lex...@googlegroups.com

Hi Tom,

 

Great question.

 

You're correct that my intention is to not delay the initiative. The purpose of this amendment is to allow the Town under the direction of the Select Board to do the necessary work to create policies that effectively directs residents, visitors, and local businesses to reduce plastic waste. If this amendment passes I look forward to supporting a future article that takes concrete steps to meet this goal.

 

Eric Michelson

Precinct 1

Lin Jensen

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Apr 21, 2024, 2:29:37 PM4/21/24
to BRONTE ABRAHAM, Ricki Pappo, LexTMMA
Drinking water fountains currently available:
  • All 9 public schools and preschool
  • Cary Library
  • Visitor center 
  • Cary Hall
  • Town office building
  • Behind the Depot building, on the bike path
  • Another one on bike path in east Lexington
  • on bike path near DPW
  • Rancatores' ice cream shop offers free drinking water
  • Abbott's frozen custard offers free water
Feel free to add more if I missed any.
Lin Jensen
TM P8

Avram Baskin

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Apr 21, 2024, 2:44:28 PM4/21/24
to Lin Jensen, BRONTE ABRAHAM, Ricki Pappo, LexTMMA
The problem with this list is that some of those facilities are not accessible to the public at all and they all have opening and closing hours (except for the two on the bike path).  If someone is out for an early morning walk or bike ride, they would not be able to get water at any of those locations.  Now that I’m writing this, I realized we need more public water stations with or without the plastic water bottle ban.

Bridger McGaw

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Apr 21, 2024, 2:59:24 PM4/21/24
to Avram Baskin, Lin Jensen, BRONTE ABRAHAM, Ricki Pappo, LexTMMA
Folks,

While I appreciate the list of public places one can acquire water - it’s not a plan for immediately  removing single use water bottles. Having a list isn’t the same as a  coordinated policy that has buyin across the community. This Article has merits for fighting waste and protecting the environment, but it’s forcing the town government and businesses to prioritize this now vs other investments over work we have to do. We hired a Sustainability Director for a reason. Let’s give them the chance to investigate the options, approach, and bring the SB something that’s implementable.  I’ll be supporting the Alternate Motion to provide that time. 

I appreciate we want to address this and have passed non-binding resolutions but let’s move smarter not hastily. 

Bridger

On Apr 21, 2024, at 11:44 AM, 'Avram Baskin' via LexTMMA <lex...@googlegroups.com> wrote:

The problem with this list is that some of those facilities are not accessible to the public at all and they all have opening and closing hours (except for the two on the bike path).  If someone is out for an early morning walk or bike ride, they would not be able to get water at any of those locations.  Now that I’m writing this, I realized we need more public water stations with or without the plastic water bottle ban.

Tina McBride

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Apr 21, 2024, 3:00:04 PM4/21/24
to Avram Baskin, Lin Jensen, BRONTE ABRAHAM, Ricki Pappo, LexTMMA
Dear Fellow TMM's,

We used to have a public water fountain on the Green but it was removed a few years ago. There is a public water fountain on the bike path near Bow st I believe.

My understanding is that the proponent Tom Wanderer did reach out to local retailers and understandably there was some push back as is with the proposal of all regulation. Tom Wanderer's article will not prevent the sale of bottled water, just plastic water bottles. Currently at LHS, Whitson's Director, Kevin Silvia is selling water in aluminum cans and resealable/refillable bottles. 

To me the passage of this article is important for two main reasons - human health and climate change. We know that plastic water bottles are made from petroleum and litter our environment but they also degrade into our environment into microplastics that harm us.

Can we please listen to science?

Plastics are found in the arteries of arterial disease patients, plastic are found in placentas, plastics are found in the brains of Parkinson's disease patients. 

Plastic is found in the water samples in plastic bottles. Can we please listen to science?

Concord banned the sale of plastic water bottles TWELVE YEARS AGO. Visitors and residents have access to other options. The suggestion that we need more time to consider or to acclimate to this move does not reflect well on us. We are supposed to be the revolutionaries not the foot draggers. 

I will be supporting Tom Wanderer's article 31 as written and opposing the amendment. 
Tina McBride Precinct 7




Ruth Thomas

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Apr 21, 2024, 3:05:31 PM4/21/24
to Tom Diaz, er...@michelsonshoes.com, lex...@googlegroups.com
I intend to join my younger fellow Precinct 4 Town Meeting Member, Kunal, and vote NO on the Article 31 amendment to refer to the SB, and YES on the original motion.  It is Kumal's generation, and those following, that will feel the greatest impact from today's decisions for they will determine the health and well-being of the environment and all living creatures for decades and centuries to come.

To Eric, the Chamber, and the EDAC, Article 31 has been available for review and discussion for over three months.  It should not be a surprise to retailers and take-out food owners.  Eat-in restaurants do not usually serve water in plastic bottles, even though Perrier is committed to recyclable packaging!  A quick Amazon search retrieves several available and moderately-priced plastic alternative water containers.  Cyclists who appreciate healthy transportation no doubt would prefer to buy water in healthy containers.  Tourists can learn from our example.

Several years ago, I stumbled on images of the stomach contents of dead seabirds.  They stunned and sickened me and I never forgot them.  Change is difficult, especially when livelihoods are at stake. The living world is at stake and every action to reverse course, no matter how small and local, is worth taking.

Please join me in voting NO on the amendment and YES on the original motion.

Ruth Thomas, TMM4







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