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HomeMy WebLinkAbout2026-06-08 SB-min SELECT BOARD MEETING Monday, June 8, 2026 A meeting of the Lexington Select Board was called to order at 6:30p.m. on Monday, June 8, 2026, via a hybrid meeting platform. Ms. Hai, Chair; Mr. Pato, Vice Chair; Mr. Lucente, Mr. Sandeen and Ms. Kumar were present, as well as Town Manager, Mr. Bartha; Deputy Town Manager, Ms. Axtell; and Executive Assistant, Ms. Katzenback. PUBLIC COMMENT John Rossi, 40 Arcola Street, a Town Meeting member and advocate for the disabled, expressed concern for the process for the June 16, 2026, referendum regarding 2026 Annual Town Meeting Article 31. He noted that the Commission on Disabilities unanimously voted in opposition to Article 31. Andrew Erickson, Lexington Fire Department, expressed concern regarding a lack of pay raises and cost of living adjustments for the firefighters, leading to low morale and financial strain. He stated that the firefighters do not feel valued. Mark Simons, Lexington Fire Department, emphasized the low morale among the Lexington Fire Department Union Staff due to the lack of a new Union contract and rising costs of living. Laura Houlihan, Lexington Fire Department expressed her frustration and discouragement regarding the Union contract negotiation process, feeling it is a lack of respect and support from the Town. A fair contract is not something that should be met with such disdain and frustration. If the Town wants quality firefighters, support is needed. Rob Green, President of Lexington Firefighters Local 491, highlighted the value of firefighters and the lack of respect being shown from the Town. This leads to retention and recruitment issues. The firefighters ask Town Hall to show the same, not with words and empty promises, but with action. Janet Kern, 72 Lowell Street and Town Meeting member, stated that she supports the bylaw change on the June 16, 2026, referendum regarding 2026 Annual Town Meeting Article 31, citing the benefits of reducing waste and costs. Stephen Kaye, 6 Abernathy Road, questioned the referendum process and expressed concerns regarding the Town's communication and its impact on residents. Olga Guttag, 273 Emerson Road, stated that she feels there is no need to change the bylaw as proposed in 2026 ATM Article 31. She suggested the Town first educate residents on reducing waste before implementing new policies. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Announcements and Liaison Reports Ms. Hai noted that there will be a Financial Policy Summit this Wednesday. Secondly, she gave an update on the Town’s sister city visit to Antony. Mr. Lucente stated that he had the privilege of attending and speaking at the LHS graduation on May 31, 2926, where the accomplishments of 603 Lexington High School graduates were celebrated. 2. Lexington High School Project Update to Board Mr. Pato stated that Bill H.4843, an act providing for an exchange of certain park land in the Town of Lexington, which is an Article 97 process, passed unanimously in both houses of the legislature last week by roll call vote. The Act has been enacted and is on the Governor's desk for signature. TOWN MANAGER REPORT Nothing additional at this time. CONSENT AGENDA 1. Approve: One-day Liquor License - Waldorf School of Lexington, 739 Massachusetts Avenue  55th Anniversary Celebration: Saturday, June 13, 2026 To approve a One-Day Liquor License for Waldorf School of Lexington to serve beer and wine at 739 Massachusetts Avenue, Lexington, MA 02420 on Saturday, June 13, 2026, from 7:00 PM to 10:00 PM. 2. Approve: One-day Liquor License(s) - Craft Food Halls, Visitor Center Lawn  FIFA Watch Party Beer Garden: Tuesday, June 16, 2026 - Saturday, June 27, 2026 To approve 12 One-Day Liquor Licenses for Craft Food Halls to serve beer on the Visitor Center lawn, 1 Bedford Street, from Tuesday, June 16, 2026, through Saturday, June 27, 2026. DOCUMENTS: FIFA Event Diagram.pdf 3. Approve: Entertainment License - Indian Americans of Lexington, Hastings Park  Indian Independence Day: Saturday, August 15, 2026 To approve an Entertainment License for the Indian Americans of Lexington at Hastings Park for Indian Independence Day on Saturday, August 15, 2026. DOCUMENTS: IAL Event Diagram.png 4. Approve: Lexington Lions Club Request for 70th Annual Fourth of July Carnival – This item was held for individual consideration. 5. Approve: Select Board Meeting Minutes To approve and release the following minutes:  March 30, 2026, Select Board  April 6, 2026, Select Board  April 8 2026, Select Board  April 13, 2026, Select Board  April 15, 2026, Select Board DOCUMENTS: DRAFT 03302026 Select Board Minutes.pdf; DRAFT 04062026 Select Board Minutes.pdf; DRAFT 04082026 Select Board Minutes.pdf; DRAFT 04132026 Select Board Minutes.pdf; DRAFT 04152026 Select Board Minutes.pdf 6. Accept: Town Manager Appointment  Conservation Commission - Tom Oliver from Associate to Full Member To confirm the Town Manager's appointment of Thomas Oliver from an Associate Member to a Full Member for the Conservation Commission with a term set to expire September 2028. DOCUMENTS: T. Oliver - Conservation - application_Redacted.pdf 7. Accept: Select Board Committee Resignation  Housing Partnership Board - Margaret Heitz To accept the resignation of Margaret Heitz from the Housing Partnership Board, effective immediately. DOCUMENTS: 2026.05.29 Margaret Heitz - Housing Partnership Board_Redacted.pdf 8. Approve: Request to Lower Battle Green Flag in Memory of Martha C. Wood To approve the lowering of the Battle Green flag on Saturday, June 13, 2026 in memory of Martha C. Wood. 9. Approve: Fiscal Year 2027 Cost-Of-Living Adjustment (COLA) for Non-Represented Employees To approve the Fiscal Year 2027 2.5% Cost-Of-Living Adjustment (COLA) for Non-Represented Employees, as presented, effective July 1, 2026. DOCUMENTS: Fiscal Year 2027 COLA 10. Approve: Water and Sewer Deferral To approve deferral of the FY2026 water and sewer payments for 21 Byron Avenue. DOCUMENTS: 2026.06.08 C Neurath - Application for Deferral of Water Sewer.pdf 11. Confirmation of Minuteman Regional Vocational Technical School's Operating Transfer Within the Current FY2026 Budget To confirm the Minuteman Regional Vocational Technical School's amendment to their FY2026 budget with an appropriation of $325,000 from certified Excess and Deficiency funds for transfer to the Capital Stabilization Fund. DOCUMENTS: Minuteman Regional Vocational Technical School district FY26 Budget Amendment.pdf VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve the Consent Agenda, aside from Item #4, as discussed. 4. Approve: Lexington Lions Club Request for 70th Annual Fourth of July Carnival Mr. Lucente recused himself from this item. To approve the following requests of the Lexington Lions Club for the 70th Annual Fourth of July Carnival, outlined in the Lexington Lions Club letter dated May 11, 2026. To approve the request of the Lexington Lions Club to use lighting as necessary until 11:30 PM on Monday, June 29, 2026 and Tuesday, June 30, 2026 during setup, and until 11:30 PM from Wednesday, July 1, 2026 through Sunday, July 5, 2026 after the daily closing of the Carnival. To approve a fireworks display on Thursday, July 2, 2026 at approximately 9:30 PM subject to approval of the fireworks vendor, Pyrotechnico, and necessary safety precautions as required by the Fire Department. DOCUMENTS: 2026 LexLions Request Letter; 2026 Carnival Layout Diagram VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 4-0 to approve Consent Agenda Item #4, as discussed. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Working Session Discussion: 2026 Annual Town Meeting Article 31 Bylaw Amendment Ms. Hai explained that this is a discussion on Article 31 from Annual Town Meeting 2026 and as it relates to the referendum vote on June 16th. The purpose of this item is for the Board to reassert the facts as they were presented at Town Meeting and what the change to the bylaw is and is not. Also, it is for individual Board members to share what they would expect to see or to require be included in a final policy, which would have to be approved by the Board. She noted that the Board has repeatedly indicated individual commitments to specific requirements, and this discussion is an opportunity to renew those. Ms. Hai stated that she researched the Town’s immediate neighbors who provide curbside pickup as a Town service. The closest neighbors who provide this (Bedford, Belmont, Arlington) all provide for additional bags, which can be purchased for use in overflow weeks. The bags are made available in multiple easily accessed locations in any given town. The cost seemed relatively consistently to be about $3 a piece. They come in rolls of varying sizes, depending on the town. There is also an opportunity to obtain a second cart for an annual fee, which equates roughly to the annualized cost of 1-2 bags/week. There also seem to be provisions for smaller cart sizes for anyone who would request that. She believes any policy for Lexington would include similar provisions. Deeper engagement with the community will yield recommendations from across the community, particularly on needed and appropriate accommodations for physical, medical, economic or other ability limitation. Mr. Pato noted that both the Town's curbside collection contract and its disposal contract with the North Andover waste-to-energy facility are approaching renewal, with significant cost increases anticipated. He stated that reducing the overall amount of waste generated is the most effective way to control future costs and believes the framework authorized by Article 31 provides a path toward that goal. He emphasized that any fees established under the program must comply with state law by recovering only the cost of providing the service. Based on fee structures in other communities, he estimated that a second trash cart could cost approximately $100–$200 annually, while occasional excess trash bags could cost between $2 and $5 each. He stated that the purpose of these fees would be to encourage waste reduction while avoiding undue hardship for residents. He also clarified that the use of automated trash carts is separate from Article 31 and that any decision to implement automated collection would depend on the terms and cost of the Town's future hauling contract. Ms. Kumar stated that equity should be a guiding principle in developing any future program. She emphasized that the curbside collection system should be accessible and easy for all residents to use. She would like to see a program that helps the community ease into the change. She indicated that, from an equity standpoint, a universally provided larger trash cart with the option for residents to request a smaller cart would be a reasonable approach. Mr. Sandeen stated that Article 31 provides the Town with additional tools to reduce the volume of trash requiring disposal and help control rising waste management costs. He noted that, without the bylaw amendment, the Town would need to either reduce trash collection services, reduce funding for other municipal services, or seek an operating override to maintain existing service levels. He stated that none of those alternatives were desirable. He emphasized the importance of program flexibility, noting that many residents may prefer smaller trash carts. He recommended a default 48-gallon trash cart while allowing households generating less than 32 gallons of trash per week to opt for a smaller cart. He also recommended allowing any residents to request a 32-gallon recycling cart, regardless of the default size selected, and waiving fees for additional trash carts for residents with medical disabilities or demonstrated financial need. Mr. Sandeen further noted that several communities, including Bedford, Framingham, Malden, Reading, Beverly, Andover, Maynard, and Wenham, have implemented smart-tag technology that allows residents to continue using compatible automated collection carts while helping reduce municipal costs. Mr. Lucente stated that, regardless of the referendum outcome, the Board should continue discussing implementation details, including trash cart sizes and the circumstances under which additional fees would apply. He suggested offering multiple cart size options based on resident preference and establishing household size thresholds that would automatically qualify a residence for a second cart, while clearly defining the term "household." He also recommended that the policy address the continued use of existing trash carts, provide convenient options for residents needing additional trash bags, and ensure adequate recycling capacity. He cautioned that enforcement measures should avoid creating incentives for illegal or improper disposal of trash. Mr. Sandeen noted that the Town's website states there is no limit on the amount of recycling residents may place at the curb and that additional recycling carts are available upon request. The Board agreed to continue this discussion at a future date. DOCUMENTS: 2026 ATM Article 31 Motion 2. Hearing: Liquor License Alteration of Premise Application - Lexington Golf Club Discussion: Chair Hai opened the public hearing at 7:31. Ms. Hai noted that the Select Board Office has received all the necessary paperwork from the Lexington Golf Club for the Alteration of Premise to existing liquor license at 55 Hill Street. The Club recently completed renovations to the clubhouse, including a reconfiguration of interior spaces on the first floor (swapping the location of the dining room and locker room areas), improvements to the kitchen, and modifications to the bar area. The previous open U-shaped bar was redesigned as part of the renovation. Because these changes affect the licensed areas where alcoholic beverages are served and consumed, an amendment to the liquor license is required. The hours of license on the liquor license will remain the same: Clubhouse/Clubhouse porch: 11:00am to 12:00 midnight7 days/week; Adjacent Golf Course: 11:00am - 9:00pm 7 days/week. There was no public comment and there were no Board comments or questions. The hearing was closed at 7:32pm. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to Lexington Golf Club, 55 Hill Street application for the Alteration of Premise on their All-Alcohol Club Liquor License as per the plans submitted. DOCUMENTS: Amendment Application LGC 3. Temporary Bike Lanes & Green Paint on Massachusetts Avenue - Between Bow Street & Maple Street Ross Morrow, Assistant Town Engineer, explained that the Massachusetts Water Resource Authority (MWRA), in coordination with the Engineering Division, is requesting the Board's approval to extend the length of time the temporary bicycle lanes and green pavement markings on Massachusetts Avenue remain in place following completion of its construction project. This request continues to consider the bike lanes temporary and does not include requiring DPW to maintain (repaint) the temporary bike lanes with green paint. DPW anticipates a complete resurfacing of Massachusetts Avenue between Pleasant St. and Bow Street in approximately 2-4 years. Mr. Lucente stated that he is a little concerned with the process and scope. In July 2023, the Board discussed creating a temporary detour. He has heard concerns from several businesses in that area regarding the temporary nature of this project. There seems to be a likelihood of this being four years versus two years, and that feels less temporary and more permanent. This does not feel like an extension of what was already approved. He asked about outreach to people and businesses along Mass Ave. Mr. Morrow stated that this has only been discussed with Town committees and groups, not individual outreach to the residents yet. Ms. Kumar expressed similar concern that extending this makes the change in bike transportation feel semi-permanent. She asked about the impact on residents and businesses that lost space for this. She stated that she likes the idea of using this as a pilot for other areas of Town. Mr. Pato stated that he agrees to keeping the roadway intact as it currently is at this time. The Town should also be exploring if it wants to expand the use of high visibility bike lanes. He agreed with engaging the public but would not like to see any short-term remilling of this section of the roadway to get rid of the paint and then figure out what to do. Mr. Sandeen stated that he supports the Town engineer/DPW recommendation. Ms. Hai stated that there was consensus that additional information on potential impact on abutters and their experiences should be considered. Dawn McKenna, 9 Hancock Street, stated that this is not a temporary thing if it will continue for another 2-4 years and is longer than it was supposed to be to begin with. Part of the problem with this area is that the roads are very narrow. The Town is not exempt from the HDC and the request to have green paint as a bike lane down the middle of the road was never brought to the HDC. Continuing to defer this is basically sanctioning that this was done without permission or the chance for the public to comment on it. Mr. Pato noted he does not believe that the HDC has jurisdiction on road safety signage and the Manual of Uniform Traffic Control Devices. Mr. Bartha stated that he would consult Town Counsel. Mr. Morrow stated that he would continue to work on this and come back before the Board at a future date. DOCUMENTS: Bike Lane Memo 4. Presentation: Communications Advisory Committee Recommendations for a Renewal of the LexMedia Contract Ken Pogran and Rita Vachani, Communications Advisory Committee (CAC), explained that the CAC has completed its review of the current LexMedia contract and they presented recommendations for consideration as the Town prepares for contract renewal discussions. The Committee's recommendations are intended to ensure that LexMedia continues to effectively support public access to local government meetings, community programming, and multimedia communications while aligning services with the Town’s evolving communications needs. The CAC is seeking Board feedback in the determination of the desired level of service to be provided beginning July 1, 2026, confirming the funding sources necessary to support that service level, and establishing funding for the first two-year term of a proposed six-year agreement. Mr. Bartha stated that staff would be comfortable supporting the six-year contract and the commitment for the first two years. Jim Shaw, Chairman of the Board of Lex Media, noted that there is a clause in the current contract that allows the Town to walk away. There was agreement that there should be further analysis regarding whether the subsequent four years should be at level service or whether the Town should consider examining a change in service, either for a fiscal reason or simply for a practical reason. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve a six- year contract with LexMedia with an FY27 and FY28 first two-year period of the six year contract at the current level service currently included in the FY27 Town budget at $200,000 and anticipated FY28 at $225,000 and authorize the Communications Advisory Committee to finish negotiating the contract and the Town Manager to execute the contract. DOCUMENTS: Presentation - Overview and Recommendations for LexMedia Grant Agreement Renewal 5. Hearing: Eversource Grant of Location Petition - Massachusetts Avenue/Meriam Street/Depot Place Chair Hai opened the hearing at 8:28pm. Ms. Hai explained that this is a hearing for the request from NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY to construct, and a location for, such a line of conduits and manholes with the necessary wires and cables therein, said conduits and manholes to be located, substantially as shown on the plan made by K. Rice, Dated January 8, 2026, under the following public way or ways of Lexington: Massachusetts Avenue - Easterly from manhole MH7333, at the intersection of Massachusetts Avenue and Meriam Street, install approximately 40 feet of conduit. Meriam Street - Easterly from the intersection of Massachusetts Avenue and Meriam Street, install approximately190 feet of conduit. Depot Place - Southerly from the intersection of Depot Place and Meriam Street, install approximately 90 feet of conduit and one new manhole, MH32832. This work is requested to upgrade the service to 1833 Massachusetts Avenue. Ms. Hai noted that the materials include a reference to three poles, which currently have an existing double pole and the need to have the existing lines transferred and second pole removed. Verizon is responsible for removing the double pole once all the wires have been transferred. She asked if Eversource has transferred their lines. Rick Schifone, Eversource, stated that Eversource has removed its wires from one of the poles. The poles on Meriam Street still have Eversource wires on them which are still being scheduled to be removed. Ms Hai asked why if this plan had been in process since January 8, the work had neither been done nor scheduled. Ms Hai also asked about duration of work to be done and interruption to scheduled events, in particular on the Depot Square and Visitor Center lawn. There is likely approximately two weeks of work for this project. Any interruptions will be notified by construction crews. Ms. Hai asked who Eversource will be coordinating with. Mr. Schifone stated that DPW will be notified. Ms Hai asked that the Economic Development /Visitor Center staff be notified as well. Mr. Pato stated that he appreciates the three poles that were identified, but the Town’s policy is for a 500’ radius from the work for double poles to be examined. There is also double pole at Mass Ave and Muzzey Street which needs to be addressed according to the policy. Mr. Schifone stated that he missed this one. Mr. Lucente stated that there are some competing interests such as the double pole situation. The owners of this building have come forward and noted that they need to upgrade the amperage in the building, in order to get the tenants needed for the building. Mr. Sandeen reviewed a number of double poles, and bundles and loose wires that he would like to see a schedule of removal for from Eversource. He asked that Eversource discuss with Town staff how to resolve this. Dawn McKenna, 9 Hancock Street, stated that, to her knowledge, no one was notified when the double pole was installed in front of the Greek Church. She asked to talk to Eversource outside of this meeting provide some construction project information planned in the area of the church. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to continue this hearing to June 22, 2026 when Eversource would need to have scheduled all double pole work discussed. DOCUMENTS: Grant of Location request for Mass Ave, Meriam St, Depot Pl 6. Hearing: Eversource Grant of Location Petition - 17 Hartwell Avenue Chair Hai opened the hearing at 8:57pm. She explained that this is a hearing for the request from NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY to construct, and a location for, such a line of conduits and manholes with the necessary wires and cables therein, said conduits and manholes to be located, substantially as shown on the plan made by K. Rice, Dated February 5, 2026, under the following public way or ways of Lexington: Hartwell Avenue - Northeasterly thence northwesterly from manhole MH25132, approximately 680 feet southwest of Westview Street, install approximately 275 feet of conduit. Northwesterly from manhole MH25134, approximately 120 feet southwest of Westview Street, install approximately 78 feet of conduit. This work is being requested to provide new underground service to the residential building at #17 Hartwell Avenue. Ms. Hai stated that the information references two poles which need to have existing lines transferred. She asked if Eversource has transferred their lines, Mr. Schifone stated that it has not for these two poles. Ms. Hai stated that the Board has the same concerns about this item as it did with the last. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to continue this hearing to June 22, 2026 when Eversource would need to have scheduled all double pole work discussed. DOCUMENTS: Grant of Location request 7. Hearing: Eversource Grant of Location Petition - Waltham Street/Worthen Road Chair Hai opened the hearing at 8:59pm. She explained that this hearing if for the request from NSTAR ELECTRIC COMPANY d/b/a EVERSOURCE ENERGY to construct, and a location for, such a line of conduits and manholes with the necessary wires and cables therein, said conduits and manholes to be located, substantially as shown on the plan made by K. Rice, Dated April 16, 2026, under the following public way or ways of Lexington: Waltham Street - Southwesterly from manhole MH4034, approximately 280 feet northeast of Worthen Road, install approximately 134 feet of conduit. Northeasterly from manhole MH4033, approximately 120 feet south of Worthen Road, install approximately 120 feet of conduit. Worthen Road - Northerly from the intersection of Waltham Street and Worthen Road, install approximately 1,615 feet of conduit and five new manholes; MH32875, MH32876, MH32877, MH32878, MH32879. This work is being requested to provide service to support the construction for Lexington High School. Ms. Hai stated that the information references two poles which need to have existing lines transferred. She asked if Eversource has transferred their lines, Mr. Schifone stated that these are newly set poles. He asked for a contingent grant of location due to the urgency to start the work based on the project’s deadline. Ms. Hai stated that she would be willing to make a contingent approval if the schedule is submitted to the Board this week. Mr. Sandeen noted that there is one unused loose wire on the sidewalk in this area and asked that this be addressed. VOTE: Upon a motion duly made and seconded, the Select Board voted by roll call 5-0 to approve a Grant of Location to NSTAR ELECTRIC COMPANY D/B/A EVERSOURCE ENERGY to construct, and a location for, such a line of conduits and manholes with the necessary wires and cables therein, said conduits and manholes to be located, substantially as shown on the plan made by K. Rice, Dated April 16, 2026, under the following public way or ways of Lexington: Waltham Street - Southwesterly from manhole MH4034, approximately 280 feet northeast of Worthen Road, install approximately 134 feet of conduit; Waltham Street - Northeasterly from manhole MH4033, approximately 120 feet south of Worthen Road, install approximately 120 feet of conduit;Worthen Road - Northerly from the intersection of Waltham Street and Worthen Road, install approximately 1,615 feet of conduit and five new manholes; MH32875, MH32876, MH32877,MH32878, MH32879, to be conditioned on the scheduled work on removal on the double poles, identified in the request, and the hanging wire be submitted in writing to the Board this week. DOCUMENTS: Grant of location request EXECUTIVE SESSION 1. Exemption 2: To Conduct Strategy Session in Preparation for Contract Renewal Discussions with Nonunion Personnel - Town Manager VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 at 9:10pm that the Select Board go into Executive Session under Exemption 2: To Conduct Strategy Session in Preparation for Contract Negotiations with Nonunion Personnel - Town Manager and not to reconvene in Open Session. Further, it was declared that an open meeting discussion may have a negotiating position of the Town. ADJOURN VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 from the Executive Session to adjourn both the Executive Session and the Regular Meeting at 9:50pm. A true record; Attest: Kristan Patenaude Recording Secretary