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HomeMy WebLinkAbout2026-05-22 SB-minSELECT BOARD MEETING Friday, May 22, 2026 A meeting of the Lexington Select Board was called to order at 9:00 a.m. on Friday, May 22, 2026, via a hybrid meeting platform. Ms. Hai, Chair; Mr. Pato, Vice Chair; Mr. Lucente, Ms. Kumar, and Mr. Sandeen were present, as well as Town Manager, Mr. Bartha; Deputy Town Manager, Ms. Axtell; and Executive Assistant, Ms. Katzenback. PUBLIC COMMENT Olga Guttag, Emerson Road, asked three questions regarding the Town's original schedule to start construction on the new high school in June. She asked why the Town delayed filing its single environmental impact report with MEPA until May 15, when it originally stated that it would be filed at the end of March. MEPA will not be able to consider whether to put additional conditions on certifying the project until sometime after June 22nd when the public comment period ends. She asked how the Town will publicize this public comment period to all residents of the Town. She asked why the Town filed its notice of intent with the Conservation Commission on February 3rd and then continued the hearings over and over again for ten weeks. It will still be dealing with the Commission's demand at the end of the June 9th continued hearing, and long after that. She asked the Select Board's best estimate of the date construction will actually start and any impact of such a delay on this budget for the project. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Announcements and Liaison Reports Ms. Hai noted that the town of Lexington will be hosting the June MAGIC meeting on June 2, 2026 at 8:45am in the Community Center dining room. Also, the first Policy Summit will be held on June 10, 2026. Ms. Kumar stated that on May 10, 2026, she and Mr. Pato joined the 5k Run ‘n’ Walk event as part of AAPI Heritage Month, where Asian American and Pacific Islander (AAPI) Heritage and Mother's Day were celebrated with a focus on fitness, food, and family. On Thursday, May 7, 2026, the Lexington Council of the Arts hosted their grantee reception, where grants were announced for a sum of $15,000 across various interesting and creative artists and organizations. 2. Lexington High School Project Update to Board Mr. Pato stated that the School Building Committee met this week and voted to move the dashboard forward to the public. It should be on the website as soon as the technical team can make the adjustments, likely by next week. Construction work on the High School is expected to begin July 6, 2026, when the fence will be installed and there will be ground preparation work. In the August/September timeframe there will be an official groundbreaking event. TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Bartha stated that there has been some communication with people on the Massachusetts Senate regarding the High School Article 97 bill. This was passed by the House and is with the Senate now. There was also a delay with FEMA while DHS was shut down and defunded for months, but that is moving again as well. He noted that he attended the ICMA Local Government Reimagined Conference, where Melissa Battite was there to be recognized as a government champion. Also, there is a Special Election coming up regarding one of the Articles from Town Meeting. There was a question at Town Meeting regarding whether Article 31, dealing with the bylaw language, would have any impact on the bulky waste fee rollout which was voted first by Town Meeting in 2023. Staff was targeting a July 1 rollout for the program. Sustainability and DPW are working to finalize the app and coordinate with all of the haulers who will be responsible for collecting the various items. This does not deal with trash, but mattresses, refrigerators, etc. that cannot go into the trash stream.An opinion from Town Counsel is that this is permitted by the existing language and so the proposed language, which clarifies the existing language, has no bearing on that. This will likely now be an end of summer or early fall rollout. Mr. Lucente stated that there appears to be a lack of awareness in the community about this trash program, and there is a need to do something beyond the normal communication strategy to convey the information. CONSENT AGENDA 1. Approve: One-Day Liquor License(s) - Lexington History Museums, 1 Bedford Street "Summer Fridays, " Extended Buckman Tavern Hours: To approve three One-Day Liquor Licenses for the Lexington Historical Society to serve beer, wine, and cider at 1 Bedford Street on the following dates from 4:00 PM to 7:00 PM: -Friday, June 5, 2026, Friday, June 12, 2026, Friday, June 26, 2026, Friday, July 3, 2026 and Friday, August 14, 2026 DOCUMENTS: Summer Fridays Event Layout Diagram.pdf 2. Approve: Entertainment License - Lexington Farmers' Market 2026 Lexington Farmers' Market To approve an Entertainment License for Lexington Farmers' Market for the purpose of providing recorded music and live performances for patrons of the 2026 Lexington Farmers' Market to take place every Tuesday from May 26, 2026 through October 27, 2026 at Fletcher Field from 2:00pm to 6:30pm. 3. Approve: Battle Green Use Request - Archdiocese of Boston Sunday, June 28, 2026 To approve the request of the Archdiocese of Boston to use the Lexington Battle Green on Sunday, June 28, 2026, from 5:30 PM to 7:15 PM for the purpose of a Catholic Mass as part of the National Eucharistic Pilgrimage. DOCUMENTS: Schedule of events.pdf 4. Approve: Select Board Committee Reappointments Executive Clerk Hanscom Field Advisory Commission Keeper of the Lockup Minuteman Advisory Group on Interlocal Coordination (MAGIC) [held for a later vote] Permanent Building Committee Town Celebrations Committee [partially held for a later vote] Town Celebrations Subcommittee To reappoint Kim Katzenback as Executive Clerk to the Select Board for a one-year term ending on June 30, 2027. To reappoint Michael Barrett and Barbara Katzenberg to the Hanscom Field Advisory Commission for three-year terms ending on June 30, 2029. To reappoint Police Chief Michael McLean as Keeper of the Lockup for a one-year term ending on June 30, 2027. To reappoint Celis Brisbin to the Permanent Building Committee for a three-year term ending on June 30, 2029. To reappoint Lorain Marquis to the Town Celebrations Committee for a three-year term ending on June 30, 2029. To reappoint Samuel Ang, Brianna Bennett-Karshbaum, Barry Cunha, Subhrangshu Datta, Bonnie Karshbaum, William Keim, James Lee III, Simon Rubenstein, Sharon Spaulding, Hong Xie, and Elizabeth Xu to the Town Celebrations Subcommittee for one-year terms ending on June 30, 2027. DOCUMENTS: 05.11.2026 Reappointment List.pdf 5. Accept: Town Manager Reappointments Council on Aging - Bonnie Jean Teitleman-Levin, Ellen Nadine Cameron, & Charles James Recreation Committee - Wei Wie Li To confirm the Town Manager's reappointment of Bonnie Jean Teitleman-Levin, Ellen Nadine Cameron and Charles James to the Council on Aging with term set to expire September 2028 and Wei Wie Li to the Recreation Committee also with a term set to expire September 2028. DOCUMENTS: Bonnie_Jean_Teitleman-Levin_Application-COA_Redacted.pdf; Ellen_Nadine_Cameron_Application-COA_Redacted.pdf; Charles James - COA - Application_Redacted.pdf; Wei Wie Li Application - Recreation.pdf 6. Accept: Select Board Committee Resignation Noise Advisory Committee - Joseph Lehar To accept the resignation of Joseph Lehar from the Noise Advisory Committee, effective immediately. DOCUMENTS: 2026.05.07 Joseph Lehar - Noise Advisory Committee_Redacted.pdf 7. Approve: Proclamations Massachusetts Emancipation Day aka Quock Walker Day National Minority Mental Awareness Month Park and Recreation Month Pride Month To approve and sign a proclamation recognizing Wednesday, July 8, 2026 as Massachusetts Emancipation Day aka Quock Walker Day in the Town of Lexington. To approve and sign a proclamation recognizing the month of July annually as National Minority Mental Health Awareness Month in the Town of Lexington. To approve and sign a proclamation recognizing the month of July as Park and Recreation Month in the Town of Lexington. To approve and sign a proclamation recognizing the month of June annually as Pride Month in the Town of Lexington. DOCUMENTS: 2026 Massachusetts Emancipation Day aka Quock Walker Day Proclamation.pdf; 2026 National Minority Mental Health Awarness Proclamation.pdf; 2026 Park and Recreation Month Proclamation.pdf; 2026 Pride Month Proclamation.pdf 8. Approve: Lexpress Route Changes To approve the Lexpress FY27 service updates as presented, effective July 6, 2026. DOCUMENTS: 2026-05-13 Transportation Advisory Committee - Lexpress May 2026 Route Change Report.pdf 9. Approve: Environmental Procurement Policy To approve the Sustainable Purchasing Policy. DOCUMENTS: Mass_DEP_Sustainable-Purchasing-EPP-a11y.pdf 10. Approve: Placement of Temporary Signs at Lincoln Field and/or Center Track Field - Lexington High School Girls Soccer Boosters To approve the request from the LHS Girls Soccer Boosters for the placement of temporary signs at Lincoln Field consistent with the Recreation Committee's approval. DOCUMENTS: Letter of Request - Soccer Booster Club VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the Consent Agenda, as discussed. ITEMS FOR INDIVIDUAL CONSIDERATION 4. Approve: Select Board Committee Reappointments – The Board took up the items held from consent agenda item. Minuteman Advisory Group on Interlocal Coordination (MAGIC) Town Celebrations Committee Mr. Lucente and Ms. Hai recused themselves from this vote. To reappoint Jill Hai to the Minuteman Advisory Group on Interlocal Coordination (MAGIC) for a one- year term ending on June 30, 2027. To reappoint Sondra Lucente to the Town Celebrations Committee for a three-year term ending on June 30, 2029. VOTE: Upon a motion duly made and seconded, the Select Board voted 3-0 to approve this item. 1. Review of 2025 and Preview of 2026 Farmers' Market Leslie Wilcott-Henrie, LFM Board President, provided a summary and review of the 2025 Farmers' Markets, as well as a preview for the 2026 Farmers' Market season. In response to a question from Mr. Sandeen, Ms. Wilcott-Henrie explained that the shed was initially proposed by Public Facilities to be located to the right of the solar canopy, on the corner of Fletcher Ave and the bike path. It was later explained that it could not be located there for very valid safety reasons determined by the Police. The shed was shifted to a different spot with Town officials' approval adjacent to the bike path.The Historic District Commission (HDC) was involved with the relocation effort. This is still undergoing a final review and the new location for the shed needs to be formally approved by the HDC. Dawn McKenna, 9 Hancock Street, expressed some concern regarding Ms. Wilcott-Henrie suggested additions to Fletcher Park, such as the picnic benches, etc. The Tourism Committee viewed that space as the public fairgrounds and used it to drive business into Lexington Center. It held many events there and she asked that this be discussed with the Economic Development Department in order to consider it more broadly. DOCUMENTS: 2026 Market layoutopening day.pdf; LFM 2025 Summary_2026 Plan For Select Board .pdf 2. Authorize Massachusetts Water Resource Authority (MWRA) Financial Assistance & Loan Agreement and Approve Sale of MWRA Sewer Bond Ms. Kosnoff explained that this item requests that the Select Board authorize the Treasurer to enter into a Financial Assistance and Loan Agreement with the MWRA. The agreements will provide total funding of $2,103,000 for the Town’s ongoing Sewer System Improvement Program, to rehabilitate community sewer basins and reduce illicit discharge and infiltration into the sanitary sewer system. The Financial Assistance Agreement consists of a $1,577,250 grant from the MWRA and a $525,750 interest-free loan. The grant portion of this funding will supplement existing sewer capital improvements authorized by Town Meeting. The MWRA requires the issuance of a municipal bond to secure the interest-free loan which the Board is asked to authorize in the attached motion. The Town will issue this bond against an existing Sewer Enterprise borrowing authorization approved under Article 14A of the 2024 Annual Town Meeting. The principal-only bond will be repaid in equal installments of $52,575 over ten years from the Sewer Enterprise fund beginning in FY2027. Approving this zero-interest bond will save the Town annual interest expense that would have been incurred if the bond were issued in a competitive sale. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 that the sale of the $525,750 Sewer Bond of the Town dated June 1, 2026, to the Massachusetts Water Resources Authority (the “Authority”) is hereby approved and the Town Treasurer or other appropriate Town official is authorized to execute on behalf of the Town a Loan Agreement and a Financial Assistance Agreement with the Authority with respect to the bond. The bond shall be payable without interest on May 15 of the years and in the principal amounts as follows: Year Installment Year Installment 2027 $52,575 2032 $52,575 2028 $52,575 2033 $52,575 2029 $52,575 2034 $52,575 2030 $52,575 2035 $52,575 2031 $52,575 2036 $52,575 And Further: that any certificates or documents relating to bond (collectively, the “Documents”), may be executed in several counterparts, each of which shall be regarded as an original and all of which shall constitute one and the same document; delivery of an executed counterpart of a signature page to a Document by electronic mail in a “.pdf” file or by other electronic transmission shall be as effective as delivery of a manually executed counterpart signature page to such Document; and electronic signatures on any of the Documents shall be deemed original signatures for the purposes of the Documents and all matters relating thereto, having the same legal effect as original signatures; And Further: that all action taken to date by the Town and its officers and agents to carry out this financing, including the execution of any application agreement by the Treasurer or any other official of the Town, are hereby ratified, approved and confirmed; And Further: that each member of the Select Board, the Town Clerk and the Town Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver such certificates, receipts or other documents as may be determined by them, or any of them, to be necessary or convenient to carry into effect the provisions of the foregoing vote. DOCUMENTS: Lexington #1621 Acceptance Letter & Signature Request.pdf; #1621 Financial Assistance Agreement.pdf; #1621 Loan Agreement.pdf; MWRA Certificate - Sewer - Lexington 06-01- 26.pdf; MWRA Bond - Sewer - Lexington 06-01-26.pdf 3. Review: Parklet Location Request - Waltham Street Jay Abdella, Senior Economic Development Coordinator, explained that, historically, the Town has installed a seasonal parklet that has been well utilized by the public. For the 2026 season, staff is recommending relocating the parklet to a new location on Waltham Street. The Economic Development Department recommends installing the parklet within the three parking spaces located in front of and around 27 Waltham Street. The proposed location has received support from surrounding businesses, including Post 1917 Restaurant and Center Goods. The Police Department and Department of Public Works have reviewed the proposal and are supportive of the recommended location. Mr. Pato noted that the new location is on an east-west facing path and there is no shade that occurs during any part of the day. He asked if more foliage could be added to the parklet. Mr. Abdella stated that he would look into this further. Mr. Sandeen stated that he received a note from the Bicycle Advisory Committee regarding potentially integrating bicycle parking in the area. Mr. Abdella stated that he has reached out to the DPW on this item, as the parklet structure is within their jurisdiction. Jerry Michelson, Center Committee, stated that the Center Committee discussed this at its meeting, but did not take a formal vote. The proposal was very favorable within the Committee. Dawn McKenna, 9 Hancock Street, suggested using the first extra parking space at the entrance to the lot for Waltham Street for bike parking. This would increase the number of people who can visit longer. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve the installation of the 2026 seasonal parklet in the three parking spaces located in front of 27 Waltham Street, as recommended by the Economic Development Department. DOCUMENTS: Economic Development Parklet Memo; Parklet Presentation; Post 1917 letter of support; Center Goods letter of support 4. Vote: Special Election Warrant Ms. Hai explained that a referendum petition was filed with the Town on May 9, 2026. The Town Clerk subsequently certified that the petition contained the number of valid signatures required under applicable law to require the calling of a Special Election. At its meeting of May 11, 2026, the Select Board voted to call a Special Election to be held on Tuesday, June 16, 2026, for the purpose of presenting the referendum question to the voters. The Board is requested to review and vote the Special Election Warrant for the June 16, 2026 Special Election and authorize its posting and publication in accordance with statutory requirements. VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to approve and sign the Warrant for the June 16, 2026, Special Election, as presented, and authorize the Town Clerk and other appropriate Town officials to take all actions necessary to post and publish the Warrant in accordance with applicable law. DOCUMENTS: June 16, 2026 Special Election Warrant 5. Discussion: Cannabis Delivery Opt-Out Option Ms. Hai noted that the Massachusetts Cannabis Control Commission has issued guidance to municipalities regarding cannabis delivery provisions under H.5350, An Act Modernizing the Commonwealth's Cannabis Laws, signed by the Governor and effective April 19, 2026. Under Section 25 of the Act, limited delivery of marijuana and marijuana products is now permitted statewide by default. Municipalities that do not authorize retail Marijuana Establishment licenses within their borders may request a waiver from the Commission to temporarily prohibit delivery within their jurisdiction. Upon initial request, the Commission is required to grant the waiver. The waiver is valid for up to two years and may be extended in two-year increments at the Commission's discretion. Medical marijuana deliveries to patients and caregivers are not subject to municipal opt-out and may continue in all municipalities. The Select Board discussed whether the Town of Lexington wishes to pursue a waiver and, if so, next steps for submission to the Commission. Mr. Lucente stated that he would like to move in the direction of an opt out for now. In the past, Town Meeting voted 109 to 34 to not have marijuana sales. This is a pretty significant number. While much has changed in the world since 2017 when this was originally voted on, adolescent cannabis use and the linkage to psychosis and bipolar disorder is becoming clearer in medical documentation. He would prefer the Town proactively opt out and have community conversations around this topic. Mr. Pato noted that there is a recreational cannabis dispensary closer to his house than this office is to his house. It is not as though the Town is far away from general access to a dispensary. Mr. Sandeen stated that this is legal and it is not clear why the Town would restrict the delivery of a legal substance, even if some are not comfortable using it. It is legal for people to smoke cigarettes and get them delivered to their houses and he is struggling to see the difference. He asked for additional information from the Town Manager regarding how enforcement would work in either case. He noted that there are a number of members of the community who have disabilities or are not able to drive themselves and thus may be prevented from getting access to a legal product. A waiver could also encourage an illicit market for delivery. Mr. Bartha stated that enforcing illicit deliveries would be exceptionally difficult for the Police Department.Waivers would be promulgated by the Commission to licensed retailers, and when calls come into those retailers, they would have a deliver/no deliver list. The license of the recreational operation would be at risk if they were delivering to towns that had opted out. Enforcement at a local level would be very difficult. Ms. Hai noted that there also is growing body of evidence about the serious harms of alcohol. The Town allows both the sale and delivery of alcohol in Lexington. These will be items that need to be addressed during public conversations on this topic. The Board agreed that comments would be sought from other boards/committees and the general public. Mr. Pato stated that he would like to have a coordinated framing of the question. Mr. Lucente stated that he would prefer to ask for a waiver and use the two year period to talk to the community and gather information. Dawn McKenna, 9 Hancock Street, stated that her father was one of the world's experts in the chemical properties of marijuana and did all kinds of medical research on it. There are effects that people do not realize, and they are starting to come out now. She is concerned about the dysfunction of cannabis control. Not everyone is able to get deliveries even for regular pharmaceuticals. She asked for the Board to take a quick action on this, allowing for a short comment period now, with a longer comment period after the Board hopefully approves the ban. The Board agreed to discuss this further on June 15th after hearing some input. DOCUMENTS: Bulletin No. 2_An Act Modernizing the Commonwealth’s Cannabis Laws; Cannabis Control Commission Massachusetts.pdf_April 19, 2026. 6. Discussion: Invitation from our Sister City Antony, France Ms. Hai explained that the Town of Lexington received an invitation from the City of Antony, France, to attend the Antony Wine and Cheese Fair on September 12 and 13, 2026, in furtherance of the sister city relationship. The invitation includes three additional days, which, as last time, would include work sessions for idea exchanges and best practice sharing. Antony is anxious to know if the Town will accept the invitation so they can work on planning. The Select Board will discuss the invitation and logistics of participating in a visit to Antony this year. Any visit would be self-funded by participants. The last visit to Antony was in 2019 and included approximately ten officials (Staff and Select Board). The Board agreed that it would accept the invitation and discuss the trip further. ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 5-0 to adjourn the meeting at 10:32 a.m. A true record; Attest: Kristan Patenaude Recording Secretary