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HomeMy WebLinkAbout2023-04-03 SB-min Select Board Meeting April 4, 2023 A meeting of the Lexington Select Board was called to order at 6:00p.m. on Monday, April 3, 2023, in the Select Board Meeting Room of the Town Office Building. Hybrid participation was offered as well via the webinar meeting platform. Ms. Hai, Chair; Mr. Lucente, Vice Chair; Mr. Pato; and Mr. Sandeen were present, as well as Mr. Malloy, Town Manager; Ms. Axtell, Deputy Town Manager; and Ms. Katzenback, Executive Clerk. CONSENT AGENDA 1. Town Manager Committee Reappointment  Conservation Commission - Jason Hnatko To reappoint Jason Hnatko to the Conservation Commission for a term set to expire on March 31, 2026. DOCUMENTS: J.Hnatko application VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Preliminary Request for Reenactment of 200th Anniversary of Lafayette's Visit to Lexington Marsha Baker, Lexington Historical Society Lexington Historical Society explained that the Society’s proposal to have a Reenactment of 200th Anniversary of Lafayette’s Visit to Lexington in 2024. The proposed location is the Lexington Battle Green, likely in the early afternoon. The event will likely run from 30 minutes – 1 hour. There will be multiple opportunities for other Lexington organizations to nd partner on this event. This is being planned for September 2. The group will formally submit a Battle Green Use request for Select Board approval once they have compiled all the event details. The Board expressed interest in supporting this event as it moves forward. DOCUMENTS: Presentation - Proposal for Reenactment of 200th Anniversary of Lafayette's Visit to Lexington 2. Update on Select Board Committee Recruitment for May 2023 & Current Status of Committee Database Ms. Hai noted that the Board usually moves through three general recruitment cycles each year. Ms. Katzenback explained that the Select Board Office is gearing up for the next board/committee recruitment to fill the current vacancies listed on the Town website. The Office will be following the same procedures for recruitment and appointments as done in the past year. Staff is working with the Director of Communications/Special Projects to alert the community of the recruitment through Town News & Alerts, Link to Lexington, the TMMA list and social media channels. The Chief Equity Officer has also been included to reach various cultural groups. Applications will be sent to the Board for review with a target date of May 22, 2023 for any appointments. Ms. Katzenback explained that the IT Project Manager, the Town Clerk's Office, and the Select Board Office have been working on a project to migrate to a new tool for the management of board and committee memberships: Granicus Boards and Commissions Management product. She reviewed product highlights. The current serving committee data detail was imported into Granicus this past week and is now going through the validation process. There will be a live product training session, via Zoom, targeted to be scheduled in April/May to train database administrators. Ultimately, the target is for this new system to be up and running by the end of this summer. The Board thanked all involved with this process. DOCUMENTS: Product Brochure- Granicus Boards & Commission Management 3. 2023 Annual Town Meeting - Select Board Article Discussion and Positions The Board discussed Articles 33 and 34. The Board agreed to take positions on these Articles at its April 10, 2023 meeting. DOCUMENTS: Select Board Working Document - Positions 2023ATM, Moderator's Proposed ATM schedule as of March 30, 2023, Art 33 revised motion 4.3, Art 33 Proposed Amendment Arens, Art 33 Proposed Amendment Jensen/McBride, Art 33 Proposed Amendment Jensen/McBride redlined, Art 34 Proposed amendment Zabin, Art 34 Proposed amendment Burger 4. Appoint the Permanent Building Committee and Sustainable Lexington Committee to an Ad Hoc Committee to Review and Update the Integrated Design and Construction Policy & Consider Amending the Policy Ms. Hai stated that the Select Board and School Committee need to jointly appoint a Committee to update the Integrated Building Design and Construction Policy. The Permanent Building Committee and Sustainable Lexington have been working cooperatively on this update and Mike Cronin and Maggie Peard have indicated they are making great progress. Julie Hackett has been asked to have the School Committee formally vote to appoint these two existing Committees as the Committee to update the Integrated Building Design and Construction Policy. VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to designate the Permanent Building Committee, Sustainable Lexington, Director of Public Facilities and the Sustainability and Resilience Officer as the Committee to review and make recommendations on updates to the Integrated Building Design and Construction Policy. DOCUMENTS: Policy 5. Discuss Noise Complaints at 69 Pleasant Street Ms. Hai explained that the Select Board and Town Manager have received noise complaints regarding the 69 Pleasant Street project related to blasting, pneumatic hammering, and rock crushing/processing operations. The Fire Department and State Fire Marshall's Office have indicated all blasting work has been within the Town's Bylaws and State Regulations. The abutters have also raised concern about the time of rock crushing/processing operations. The bylaw has two different start times for different operations, at either 7 AM or 9AM. Jim Kelly, Building Commissioner has determined the rock crushing operations are within the provisions of the bylaw and has pointed out the difference between breaking rock using a Pneumatic Hammer and Rock Crushing Machine. Jim Kelly explained that the Fire Chief and Assistant Fire Chief have been visiting nearby residents to help them understand the blasting process. The State Fire Marshal's Office has been invited to the site to make sure that the blasting is compliant, safe, and not harmful. Another issue has been rock breaking, crushing, hammering, and drilling. Rock hammering is a process that is limited to between 9am-5pm, instead of 7am-5pm, as for rock crushing. The bylaw that speaks of hammering is speaking of pounding and breaking of a rock or ledge. Ms. Hai stated that she believes some of the residents’ concerns are coming from the language in Section 80-4.A.III of the bylaw which states that, ‘in addition to the above restrictions, blasting and the use of powered equipment used in the breaking of rock and pavement, including but not limited to, hydraulic or pneumatic hammers…will also be limited weekdays between 9AM-5PM.’ Mina Makarious, Town Counsel, explained that the language ‘including but not limited to,’ is just an example and could include broader items. The language ‘breaking rock and pavement’ has an understood usage in in the construction industry, and the word ‘crushing’ exists elsewhere in the bylaw. There is an ambiguity in this bylaw, but courts would likely look to definitions in the industry to make a determination. Ms. Hai asked about the potential for refining this bylaw and, in the meantime, what the path is for concerns and complaints by residents. Mr. Malloy explained that enforcement is either through Mr. Kelly, or the Health Director. The Health Director has authority under State law to enforce State noise laws. Ms. Hai suggested an enforcement flow chart to be placed on the Town webpage in order to help residents know where best to direct certain concerns or complaints. Mr. Pato stated that he believes the bylaw needs clarification. The development in question is a larger development on ledge that effectively appears to neighbors as a rock quarry, due to the amount of work that needs to occur. While clarification would help, it may not address the concerns in this case. Mr. Makarious stated that he believes the noise bylaw would benefit from a more comprehensive review. Mr. Sandeen noted that the current noise bylaw prohibits noise 10dBA over ambient. This requires the Police Department to measure noise levels ahead of time and afterward, leaving the bylaw essentially unenforceable. He would like to find another test that is enforceable. Ms. Hai stated that the Board collectively would like a legal overhaul or a legal forensic review of the bylaw, with a potential comparative to other communities. Also, a clarified process drafted for residents to understand the level for potential enforcement and relief. Mr. Malloy stated that staff will work on this item, with hopes to have it prepared before fall Town Meeting. DOCUMENTS: Noise Bylaw, Article 27 of 2020 Presentation ADJOURN VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 4-0 to adjourn the meeting at 7:07pm. A true record; Attest: Kristan Patenaude Recording Secretary