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02/09/2023 AC Minutes <br />2 <br />would be automatically included in the pilot program and would receive a year of free service, <br />along with another 700 households. <br />However, Mr. Malloy expressed strong doubts that this kind of pilot program would be helpful in <br />future policy decisions. Mr. Malloy’s observations of other communities demonstrates that effective <br />policies for reducing sanitation costs employ monetary disincentives for throwing away items, along <br />with incentives for recycling and composting. Mr. Malloy acknowledged the legal history of free <br />trash pickup in Lexington but noted that if the long-term goal is to drive down sanitation costs, then <br />residents will have to pay based on the volume of trash they produce. A fixed monthly charge for <br />trash pickup would not lower the Town’s sanitation costs because it creates no incentive to reduce <br />trash volume. When combined with volume-based fees for trash pickup, free recycling and com- <br />posting would create incentives to use those services by directly reducing the volume of trash. <br />The Select Board’s task force on this issue proposed reducing trash pickups to every other week, <br />which would presumably lower transportation and hauling costs, but would have no effect on tip- <br />ping costs. Mr. Malloy was concerned that not every household would be satisfied with less fre- <br />quent trash pickup, but that this might be feasible for recycling. <br />Mr. Malloy stated that he has discussed the Town’s previous attempt to charge for trash pickup (Pay <br />As You Throw) with Town Counsel. Mr. Malloy expressed surprise that the Town’s legal defense <br />of PAYT was based on the definition of the word, “free”. The actual bylaw requires the Town to <br />provide a free place for trash disposal. It does not require free curbside trash pickup. To avoid any <br />ambiguity in the future, Mr. Malloy believes the bylaw should be revised by Town Meeting to ex- <br />plicitly remove this mandate. <br />Another option, used by many communities in Massachusetts, would be for the Town to cease <br />providing town-wide trash pickup service, relying instead on private haulers licensed by the Town <br />to contract directly with residents and businesses for trash pickup. This would allow for more flexi- <br />ble and individualized service to customers based on their needs. Mr. Malloy does not recommend <br />this option. <br />Mr. Malloy firmly believes the Town should not create its own Sanitation Department. <br />Mr. Malloy stated that the Town does not have a particularly good recycling rate, and that it only <br />seems reasonable when yard waste is included in the calculation. <br />Mr. Padaki asked what kind of metrics would be used to determine if the pilot program was suc- <br />cessful. Mr. Malloy said this was a topic for future discussion with the Select Board, and that it <br />would be difficult to collect or extract meaningful data about reduced trash disposal under the cur- <br />rent system. <br />Mr. Bartenstein stated that the Director of Public Works has previously observed that there is no <br />longer a market for recyclables, but that the Town continues to encourage recycling because recy- <br />cling contracts cost less than trash disposal. Mr. Malloy stated that the market for certain recycla- <br />bles has begun to recover. <br />Mr. Bartenstein asked what fiscal year the pilot program would run in. Mr. Malloy said it would be <br />in 2024, and that if free cash was used it would require some adjustments to the proposed budget, <br />but that using ARPA funds would only require a vote of the Select Board. The cost of the pilot pro- <br />gram would be $216,000. <br />Mr. Bartenstein asked if converting to private trash haulers would risk creating nuisances caused by <br />residents who did not contract with a trash hauling service. Mr. Malloy said that the Town would