HomeMy WebLinkAbout2023-12-11 SB-min
Select Board Meeting
December 11, 2023
A work session of the Lexington Select Board was called to order at 6:30p.m. on Monday, December 11,
2023, via a remote meeting platform. Mr. Pato, Chair; Ms. Barry, Mr. Lucente, Mr. Sandeen, and Ms. Hai
were present, as well as Mr. Malloy, Town Manager; Ms. Katzenback, Executive Clerk; and Ms. Axtell,
Deputy Town Manager.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Select Board Work Session – Discuss Use Restrictions for 38A Lowell Street
Jim Malloy, Town Manager, explained that originally the discussion was supposed to deal with if Lot 20-
38A would be removed from the conservation restriction in order for it to be used for affordable housing.
However, it became clear that a land swap would not make sense, as LexFarm is using all of the land that
is available there. After further discussion, this item will not be pursued further at this time. The
conservation restriction has not yet been finalized.
DOCUMENTS: LexFarm Conservation Restriction, Lot 20-38A Map
2. Select Board Work Session – Review Town Manager's 2023 Performance Evaluation
The Board reviewed and discussed the Town Manager Performance Evaluation for the period of October
1, 2022 - September 30, 2023. Mr. Pato stated he and Ms. Hai completed the 360 with staff. He noted that
most of the staff comments received were largely similar to what was heard last year. But several
respondents recognized efforts on the Town Manager’s part to respond to the Board's feedback from last
year's review. While there was a sense of improvement, staff respondents also indicated they would like
to see a continuation and deepening of these changes.
The Board agreed that it would have additional discussion on this topic during its January 8, 2024,
meeting.
DOCUMENTS: Town Manager Review Procedure Policy, Working document - TM Evaluation Key
Competency Area, Working document - TM Evaluation Narrative Section
3. Select Board Work Session – Discuss Proposed Updates to Noise Bylaw
The Board reviewed the draft Article and a redline of the current Noise Bylaw proposed for the 2024
Annual Town Meeting in order to determine if it would like the Article to be included on the warrant.
Mr. Sandeen suggested changing the word “and” to “or” in Section 80-8 linking A, B, and C. This was
previously presented by the Town Manager as an item to change. Mr. Pato agreed that the language could
be changed moving forward, if the Board determines this should be placed on the warrant. Town Counsel
has made some suggested changes, and the final language will be run by the Moderator to make sure the
scope is accurate.
In response to a question from Ms. Barry regarding changing the date for landscapers from 2025 to 2026,
Mr. Malloy explained that the Town’s Sustainability Officer and DPW Director indicated that these
parties were having a difficult time purchasing the necessary equipment, leading to the delay in the date.
Mr. Sandeen stated that he is having trouble including this on the warrant. He believes that anyone
proposing to change a Town bylaw should be required to provide overwhelming proof that there is a
reason to overturn the will of the people, as voted by a Town-wide referendum. He is not yet aware of any
data provided to the Board that shows that commercial electric backpack leaf blowers are not currently
available. Any delay in enforcement would violate the trust of the residents who voted to approve this
bylaw.
Ms. Hai noted that the Board received a large number of comments today from commercial landscapers
regarding inability to buy the commercial grade equipment in the quantities needed. She does believe that
Spring Town Meeting would be the appropriate time to consider this item.
Mr. Lucente explained that landscaper needs are very different than a homeowner. He spoke with one
landscaper who needs hundreds of batteries and cannot get them as they are not available. This
consideration is not only to give these workers an opportunity to continue their business and livelihood,
but also to recognize that they are providing a service for residents. He believes this should be kept as one
Article. There was previous conversation that the timeline for this could be pushed back if the technology
and availability were not ready at this time.
David Pinsonneault, DPW Director, explained that the Town is under the same timeframe as the
commercial landscapers, for 2025. Regarding technology, the Town has tested quite a few models, and
has not yet found one that will successfully work for large areas.
Ms. Hai noted that the driving force is to make sure that there are definitions for construction noise before
the next construction season starts. The other piece of the process is reconstituting the Noise Committee,
and she does not want to supersede the authority of that group.
There was discussion regarding the makeup of the Noise Committee and defining holidays within the
bylaw.
There was consensus to leave the warrant article as it stands today with further discussion when the
warrant is signed.
DOCUMENTS: Article, Proposed Changes to Noise Bylaw - Redline
ADJOURN
VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to adjourn the
meeting at 7:50pm.
A true record; Attest:
Kristan Patenaude
Recording Secretary