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HomeMy WebLinkAbout2026-07-20 SB-minSELECT BOARD MEETING Monday, July 20, 2026 A meeting of the Lexington Select Board was called to order at 6:30 p.m. on Monday, July 20, 2026, via a hybrid meeting platform. Mr. Pato, Chair; Ms. Kumar, Vice Chair; Ms. Hai, Mr. Lucente, and Mr. Sandeen were present, as well as Town Manager, Mr. Bartha; and Executive Assistant, Ms. Katzenback. EXECUTIVE SESSION A 1. Exemption 3: Collective Bargaining - To Discuss Strategy with Respect to Collective Bargaining (Fire & Patrol) VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 at 6:32pm that the Select Board go into Executive Session under Exemption 3 to discuss strategy with respect to collective bargaining for the Fire and Patrol Union, and to reconvene in Open Session. Further, it was declared that an open meeting discussion may have a detrimental effect on the bargaining and litigating position of the Town. Returned to open session at 7:11pm PUBLIC COMMENT Andrei Radulescu-Banu, 86 Cedar Street and Town Meeting Member, expressed concern regarding coyotes in the Cedar Street/Hill Street neighborhood. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Announcements and Liaison Reports Mr. Pato noted that the announcements included a notice of the upcoming community meeting on the Lexington Urban Forestry Master Plan. This will be held in hybrid session on Wednesday, July 29th at the Police Department Community Room between 7pm-9pm This is an opportunity to understand the Master Plan. Mr. Sandeen noted that all Select Board members attended a Lex 250 event of the reading of the Declaration of Independence. Mr. Lucente noted that an arch on the Battle Green counts the number of volunteer hours spent in Town and this hit 300,000 hours a few weeks ago. 376 volunteers hit ten hours, and 583 volunteers hit over 100 hours of time. The Board thanked all the volunteers in Town. Mr. Pato noted that, after the Declaration of Independence reading, the Association of Black Citizens of Lexington (ABCL) hosted a Black Patriots of Lexington movie at the Venue theatre, which was well attended. There was also a Quock Walker hike and celebration on Saturday. DOCUMENTS: Liaison Reports-Joe Pato-2026-07-20.pdf; 2026-07-22-Email-Summary.pdf 2. Lexington High School Project Update to Board Mr. Pato stated that the project is beginning its construction phase with work preparing for the skate park relocation and other events. The construction can be followed via the website which has a link to webcams on site. TOWN MANAGER REPORT 1. Town Manager Weekly Update Mr. Bartha noted that Sandhya Iyer and Carol Kowalski have departed their positions and those positions have since been advertised. CONSENT AGENDA 1. Approve: One-Day Liquor License(s) - Lexington-Waltham Lodge of Elks #2204, 959 Waltham Street Tribute to Fallen Soldiers Torch Ride: Friday, July 24, 2026 through Saturday, July 25, 2026 To approve One-Day Liquor License(s) for the Lexington-Waltham Lodge of Elks #2204 to serve all alcoholic beverages in a designated area of the rear parking lot at 959 Waltham Street on Friday, July 24, 2026 from 12:00 PM to 12:00 AM and Saturday, July 25, 2026 from 12:00 PM to 12:00 AM, in conjunction with visit from the Tribute to Fallen Soldiers Torch Ride. DOCUMENTS: Elks_Diagram.pdf 2. Approve: One-Day Liquor License - Wilson Farm, 10 Pleasant Street Dinner in the Fields: Thursday, July 30, 2026 To approve a One-Day Liquor License for Wilson Farm to serve wine at Dinner in the Fields on July 30, 2026, from 5:30 PM to 9:30 PM, at 10 Pleasant Street, Lexington, with a requested rain date of July 31, 2026. DOCUMENTS: Dinner in the Fields Diagram.pdf 3. Approve: Entertainment License - Follen Community Church, 755 Massachusetts Avenue East Village Fair: Saturday, October 3, 2026 To approve an Entertainment License for Follen Community Church at 755 Massachusetts Avenue for live musical performances during the East Village Fair on Saturday, October 3, 2026, from 10:00 AM to 3:00 PM. DOCUMENTS: Follen Event Map.pdf 4. Approve: Common Victualler License Dunkin' Donuts/Jimmy Johns: 323 Marrett Road To approve a Common Victualler License for Dunkin'/ Jimmy Johns, located at 323 Marrett Road, Lexington, MA 02421, with on-site manager Geo Barbosa, for the hours and days of operation as Monday through Sunday: 6:00 AM to 8:00 PM. 5. Approve: Limousine License Sirius Limo Services - 7222 Lexington Ridge Drive, 1 Vehicle To approve the application and issue one (1) Limousine License to Sirius Limo Services, operated by Sirius Financial Services, Inc. DOCUMENTS: SBLM-26-4.pdf 6. Approve: Select Board Meeting Minutes To approve and release the following minutes: June 8, 2026 Select Board June 10, 2026 Finance Summit June 15, 2026 Select Board DOCUMENTS: DRAFT 06082026 Select Board; DRAFT 06102026-Summit; DRAFT 06152026 Select Board 7. Accept: Select Board Committee Resignations Registrars of Voters: Mark Vitunic Fund for Lexington: Joe Pato To accept the resignation of Mark Vitunic from the Registrars of Voters, effective once seat is filled but no later than December 31, 2026. To accept the resignation of Joe Pato from the Fund of Lexington, effective immediately. DOCUMENTS: 2026-07-06 Mark Vitunic - Board of Registrars.pdf; 2026-07-08 Joe Pato - Fund for Lexington.pdf 8. Approve: Select Board Committee Appointment Fund for Lexington: Jill Hai To appoint Jill Hai to the Fund for Lexington, effective immediately. 9. Approve: Town Manager Committee Appointment Conservation Commission: Hope Dehmlow Dunne To confirm the Town Manager's appointment of Hope Dehmlow Dunne as a member of the Conservation Commission with a term set to expire September 30, 2028. DOCUMENTS: Hope Dehmlow Dunne - Conservation Committee.pdf 10. Approve: Willard Circle, Stage Coach Road and Cart Path Lane – Street Acceptance Order of Takings To approve the Order of Taking for Willard Circle, Cart Path Lane and Stage Coach Road and to acquire any fee, easement or other interest in the properties by eminent domain, for the purpose of accepting Willard Circle, Cart Path Lane and Stage Coach Road as public ways, as laid out on the plans provided. DOCUMENTS: Willard Cir._Order of Taking; Willard Circle St Acceptance Plan; Stage Coach_Order of Taking; Stage Coach Street Acceptance Plan; Cart Path_Order of Taking; Cart Path Street Acceptance Plan 11. Vote and Sign September 2026 State Primary Election Warrant To approve and sign the September 1, 2026 State Primary Election Warrant. DOCUMENTS: 2026-09-01 State Primary Election Warrant.pdf; Early Voting Flyer 9-1-2026.pdf 12. Approve: Appointment of Election Officers 2026-2027 To approve the list of election officers for the period of September 1, 2026 through August 31, 2027 as recommended by the Town Clerk and Board of Registrars as presented. DOCUMENTS: Request Letter VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Discussion: Proposed Local Election Voter Turnout Task Force Charge Jeri Zeder, Vision for Lexington Subcommittee Chair, presented a revised draft charge for the proposed Local Election Voter Turnout Task Force for the Board's review and consideration. If the Board approves the proposed charge, staff will initiate the recruitment process to fill the Task Force's membership in accordance with the Board's committee appointment procedures. Ms. Hai suggested some additional language that allows for flexibility in whatever the current state of eligibility is, as opposed to being frozen in time under Massachusetts law today. Mary de Alderete, Town Clerk, suggested an included statement regarding “any local authorizations.” VOTE: Upon a motion duly made and seconded, by roll call, the Select Board voted 5-0 to approve the proposed charge for the Local Election Voter Turnout Task Force, as presented with amendments as indicated, and to authorize the Select Board Office to initiate the recruitment process to fill the Task Force membership in accordance with the Board's committee appointment procedures. DOCUMENTS: Proposed updated - Local Election Voter Turnout Task Force Charge; redlined - LOCAL ELECTION VOTER TURNOUT TASK FORCE charge.pdf 2. Update: Lexington Human Rights Committee Recommendation - Awareness of Immigration Rights & Safety Christina Lin, Lexington Human Rights Committee, and Bruce Neumann, part of the Immigration Working Group and President of the Lexington Refugee Assistance Program, presented the Immigration Working Group recommendations on the topic of Awareness of Immigration Rights & Safety. A request was made that the proclamation affirming constitutional rights, protecting municipal facilities, and providing guidance be translated into multiple languages, to be posted on the website as well as the English version. It is in the best interest of the Select Board to ask for updates and understand how the Town is staying abreast of this current issue. Mr. Pato stated that the focus on safety and awareness is essential. The community thrives on the ability for its members to work together and engage in a safe and constructive way. DOCUMENTS: Lexington Human Rights Recommendation Presentation.pdf 3. Discussion: Trash Program Options Maggie Peard, Sustainability Officer, explained that, after years of discussion, community engagement, information gathering, and passing enabling Town meeting articles, it is now time to move towards making decisions about the design of Lexington's new waste collection program. The goal is to design a program to be rolled out in July 2027 that reduces waste, mitigates rising costs, and continues to provide Lexington residents with a reliable, convenient, and accessible waste collection system. The Town has launched a web and mobile app to allow for better access to information. Dave Pinsonneault, Director of Public Works, stated that there are a number of decisions that need to be made based on the available trash program options. He noted a number of additional community input meetings: Wednesday, August 26th at the Community Center, hybrid; Wednesday, September 2nd at 630pm, virtual; Friday, September 4th at 9:30 am at the Community Center; Monday, September 14th at 12pm; and Tuesday, September 15th at 6:30pm at the Police Community Room, hybrid. Mr. Pinsonneault noted that the default options are 35-, 48-, or 65-gallon carts. In terms of recycling, there would be an option for a second cart upon request with no annual fee to encourage getting that material out of the waste stream, while continuing with a robust composting program, which is currently free and unlimited. There would be new trash and recycling carts for all households as consistency makes it easy for the vendor. The Town would encourage reuse of the existing containers but also providing a collection option. In terms of accommodations, these could include the ability to opt down for those who need it, a financial hardship program, and medical waste considerations. Ms. Kumar noted that staff recommends the 48-gallon carts, though there is a challenge in the availability of bins of that size. She explained that the intention is to create a program that is equitable, fair, and accommodating, while allowing for easy transitions. Mr. Lucente expressed some disappointment regarding the waste in having to get rid of some of the existing barrels. He asked about the overflow bag program. Ms. Peard explained that the vendor will stock the overflow bags at local locations. These will be loose bags on the curb which vendors who provide automated collection are not the biggest fan of. However, the number of households that use overflow bags on a given week is not so great that it would be pointless to have automated collection. The hauler may charge a small fee per bag picked up in an overflow system and this would be included in the cost of the bags. Mr. Lucente asked about a system that is bag-oriented, for those not interested in a cart system. Mr. Pinsonneault stated that this is being considered. Mr. Lucente stated that the special collection week idea is a good one. He suggested larger barrels (48 and 65 gallon) to start, with an option to lower the barrel size if needed. Ms. Hai stated that if a 48-gallon cart option catches 80% of the population, this seems like a good place to start, with an option to size down. Regarding overflow bags and the ability to have an additional cart, there should be flexibility allowed. For recycling, she would recommend the largest option, with the ability for a smaller size or a second bin. She stated that she would like to see a plan for accommodations come with recommendations from the Commission on Disability. Mr. Sandeen requested that staff investigate reports of other municipalities that have transitioned from using plastic bags to using only trash bins due to hauler’s excessive costs of picking up plastic bags. He also requested that staff look at pricing extra bins based on reasonable expectations of the weight that will actually be put in the extra bin, as opposed to the theoretical maximum weight that could be put in that extra bin. He stated that he would support the staff recommendation of 48-gallon carts and the ability to opt down to a 35-gallon bin as one of the options. However, he would like staff to consider how to take advantage of the 35-gallon savings available from the grant and other savings in terms of implementing the program. He suggested an option to have a 35-gallon bin baseline, with an option to get a second 35- gallon bin at no cost if a resident signs up for composting. He stated that he supports the Town's recommendation for no charge recycling, though he believes this should start at the middle size bin and allow residents to opt for a smaller bin. He believes staff should evaluate options for both bags and bins. He agrees with Ms. Hai and Mr. Lucente recommendations to investigate ways for residents to continue using their existing barrels. He noted that there seems to be an increasing trend in haulers using smart tags or RFID tags. This may allow for a cheaper way to track barrels without having to constantly pay for new ones. He suggested that residents might qualify for financial accommodations by showing that they are on an electric or gas utility financial assistance rate. The electric and gas utilities provide discounts of between 25% to 42% and the Town might consider a discount rate in that range, based on the precedent set by utilities. Finally, he suggested that the Town consider providing some number of trash bags to residents who choose to opt down for a smaller bin. Ms. Kumar stated that around 1,300 households have responded to the survey and it appears that around 67% use 35-gallon bins. Thus, approximately 33% are people who need accommodations for various reasons or need help in transitioning to a lower model. 48 gallons seems to be a good starting point, with consideration of how to get others to the smaller size, potentially in phases. In terms of accommodations, financial exemptions could follow the current methodology for validation. She would like to hear what other towns do for medical exemptions. Regarding bags versus bins, she would like to hear more about the incremental cost of using bags. Mr. Bartha stated that he does not believe non-standard size bins should be introduced into the program, if this is not necessary. The more standard the approach, the less it will likely cost to operate the program. Mr. Pato stated that he is inclined to support staff’s recommendation of a 48-gallon model. He believes that the carts will accommodate a vast majority of households over using bags alone. There may need to be accommodations for those with mobility issues. He would prefer not to use 65-gallon bags for trash, if possible, but believes this size could be used for recycling. He is interested in hearing additional feedback from the community and the Commission on Disability. Ms. Hai exited the meeting at 8:51pm. Mr. Lucente asked about replacing the “second cart” language with “additional carts,” for those who may need carts beyond two. Ms. Peard stated that some communities allow up to three carts and others limit at two. Mr. Lucente stated that he would not like to see a limit of two. Mr. Bartha noted that some communities require that anything above five or six units have a commercial hauling contract. Those towns only collect from residential single-family homes and properly permitted accessory dwelling units. Olga Guttag, Emerson Road, stated that she is disappointed that there was never a consideration of a no- fees program. 60% of those who voted in the referendum voted against trash fees, and yet the two options presented do not consider that 60%. The essential question is how much the Town is looking to reduce the trash volume in total, and how to get to that volume. She believes people would respond positively to a no-fee program, and she would like to see a committee appointed to discuss this further. Cindy Arens, 7 Kitson Park Drive, stated that the results of the survey, showed 67% of respondents, based on the number three or less bags, would be okay with 35 gallons or less. Based on the audit of almost 1,400 houses, 63% had 36 gallons of trash or less. She likes flexibility of a default of 35 gallons, with accommodations for people who need more for whatever reason that is. There should also be considerations for composting as part of this. Reducing costs and pollution will be more difficult if starting at the largest size bin. Todd Berger, 386 Lincoln Street, stated that a base option of 35 gallons with a second 35-gallon cart for free, as opposed to at a charge, would likely accommodate 100% of users while nudging everyone to use less. He agreed with encouraging a commitment to require RFID tags on the bins. In terms of recycling, someone in a neighboring town was complaining that their bin was open more than 4”, and the automated system reported that and imposed an extra fee. He would discourage this. Dawn McKenna, 9 Hancock Street, expressed frustration that people are only given two minutes to speak, and this does not feel like true feedback. She stated that 60% of people said no to these fees. There is a lot of skepticism about the survey. 10% of the people in the community filled it out. A survey needs to say that the Town is trying to develop a system that works for everyone and would like information regarding what people are doing now. Laura Swain, member of the Waste Reduction Task Force, board president of Lexington Zero Waste Collaborative, and resident of 29 Locust Ave, stated that it seems a majority of the Board supports a proposal with different features, focusing on a 48-gallon bin size. As staff recommended two options to be presented to the public, she believes a 35-gallon option should be offered in order to garner the benefits of greater waste reduction and the fact that the cost is supported by MA DEP for one per household. Choosing a volume that does not have significant waste reduction results, essentially switches this from the budget to a fee, and this is what 60% of people who voted against this do not want. Alex Tsouvalas, 77 Grand Street, Precinct 5 Town Meeting Member, and member of the Waste Reduction Task Force, stated that the goal and motivation of Article 31 and the years of effort is to reduce waste and save the Town money. The way to do this is to have a baseline that is the smallest possible, 35 gallons, in order to encourage people to change their habits. Lin Jensen, 133 Reed Street, stated that the goal of this is to reduce waste and save money. Reducing waste has to come from changes in behavior. Accommodating many residents' current is not the goal. 50% of residents currently use 35-gallon bins per week. Around 30% are using 48-gallon bins and if these people could reduce by a quarter of their waste, it would reach the no fee goal for them as well. The Board agreed that it would hear an update on this topic at one of its August meetings. DOCUMENTS: July 2026 Select Board Memo; Community Outreach and Feedback Summary.pdf; Summary of Qualitative Responses from 2026 Survey.pdf; Waste Reduction and Modernization Program Feedback Survey - 3.1 to 6.29 - FINAL.pdf; 2025 Waste Bin Audit Results.pdf; Presentation.pdf ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to adjourn at 9:39p.m. A true record; Attest: Kristan Patenaude Recording Secretary