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HomeMy WebLinkAbout2026-08-17 SB-min SELECT BOARD MEETING Monday, August 17, 2026 A meeting of the Lexington Select Board was called to order at 6:30 p.m. on Monday, August 17, 2026, via a remote meeting platform. Mr. Pato, Chair; Ms. Kumar, Vice Chair; Mr. Lucente, and Mr. Sandeen were present, as well as Town Manager, Mr. Bartha; Deputy Town Manager, Ms. Axtell; and Executive Assistant, Ms. Katzenback. PUBLIC COMMENT Jim Williams, 8 Stratham Road, commented on the superseding order of conditions for the high school project, stating that he feels the Town should first identify feasible alternatives to avoid altering protected wetlands, as required by law. He urged the Select Board to convene a meeting with appropriate representatives to identify alternatives that avoid or minimize impacts to wetlands and their buffer zones, noting that such alternatives may be cost-neutral or less expensive and would not necessarily delay the project. Dawn McKenna, 9 Hancock Street, expressed concern regarding the proliferation of signage in the Battle Green area. Many temporary signs have been installed and left up. SELECT BOARD MEMBER CONCERNS AND LIAISON REPORTS 1. Select Board Member Announcements and Liaison Reports Mr. Sandeen stated that he received some comments from Lexington residents complaining about safety issues related to the fact that the steel access covers installed by MWRA in the bikeway are not flush with the pavement. He believes that the current situation is not up to Town standards and that Town staff are working to resolve the situation with MWRA. DOCUMENTS: 2026-08-03-Email-Summary-revised.pdf; 08172026_Select_Board_Announcements_and_Liaison_Reports.pdf 2. Lexington High School Project Update to Board Mr. Pato stated that there was a meeting of the School Building Committee this morning. The total value design process continues to reap some benefits, with additional savings identified. The bulk of the meeting was spent discussing the current slowdown and the appeal to the MA DEP regarding the Conservation Commission's Order of Conditions. th Mr. Bartha stated that on August 7, MADEP accepted an appeal filed by ten citizens, asking the DEP to issue a superseding Order of Conditions on top of the Conservation Commission's Order of Conditions th from June 29. The appeal met the procedural bar to move forward but this is not a signal of the merits. This is the most standard path that wetland appeals follow. DEP has not rejected the Town’s position. The project as designed has been reviewed and supported by the Board, Town Meeting, the voters, the financial committees, the State legislature, the Executive Office of Energy and Environmental Affairs, the Conservation Commission, and the MSBA. The wetlands concern Mr. Williams raises is not new; what has changed is that the DEP appeal is the first procedural opening Mr. Wiliams has found to press this issue further. No construction activity has occurred within the fencing that marks the jurisdictional boundaries, and none can occur until the DEP issues a final order. This delay creates real risks for the project. If the Town is allowed to proceed by October 1, the delay could add between $2.5M-$5M to the project. A November 1 start could add $20M to the project cost and push completion from June 2029 to th September 2029. A site visit has been scheduled for August 27 at 10:30 AM. TOWN MANAGER REPORT 1. Town Manager Weekly Update Nothing additional at this time. CONSENT AGENDA 1. Approve: One Day Liquor License - Munroe Center for the Arts, 1403 Massachusetts Ave  Lemonade Social: Wednesday, August 19, 2026 To approve a One-Day Liquor License for the Munroe Center for the Arts to serve beer, wine, and limoncello spritz at the Annual Lemonade Social on Wednesday, August 19, 2026, from 6:30 PM to 8:30 PM at 1403 Massachusetts Avenue. DOCUMENTS: Lemonade Social Event Diagram.png 2. Approve: One-Day Liquor License(s) - Lexington History Museums, 13 Depot Square & 1 Bedford Street  Intoxicating History of the American Revolution: Thursday, August 20, 2026  Annual Halloween Murder Mystery Tavern Night: Friday, October 9, 2026 To approve 2 One-Day Liquor Licenses for Lexington History Museums to serve rum beverages at 13 Depot Square, Lexington, MA on 8/20/26, and to serve beer & wine at 1 Bedford Street, Lexington, MA on 10/9/26, each from 6:30 PM to 8:30 PM. 3. Approve: One-Day Liquor License - Off Beat Tap Company, 1403 Massachusetts Avenue  Seasonal Suites Tap Performance: Saturday, August 22, 2026 To approve a One-Day Liquor License for the Off Beat Tap Company to serve to serve beer and wine for the purpose of the Seasonal Suites Tap Dance event, on Saturday, August 22, 2026 2:00 PM - 4:30 PM at the Munroe Center for the Arts, 1403 Massachusetts Avenue. DOCUMENTS: Seasonal Suites DIagram.pdf 4. Approve: One-Day Liquor License(s) - Spectacle Management, Inc., 1605 Massachusetts Avenue  Thursday, September 17, 2026: Kenny G  Saturday, September 19, 2026: Paul Nardizzi  Friday, October 15, 2026: Neko Case  Saturday, October 23. 2026: Justin Mckinney To approve four One-Day Liquor Licenses for Spectacle Live to serve beer and wine at Cary Memorial Building, 1605 Massachusetts Avenue, for their Concert Series on Thursday, September 17, 2026; Saturday, September 19, 2026; Friday, October 15, 2026; Saturday, October 23. 2026 from 6:30 PM to 10:30 PM. 5. Approve: Annual Theater License Renewals - Lexington Venue  Hastings Cinema Project, Inc d/b/a Lexington Venue, 1794 Massachusetts Avenue: 2 Theaters To approve the application and issue two Theater Licenses to Hastings Cinema Project, Inc. d/b/a Lexington Venue, 1794 Massachusetts Avenue, for Cinema 1 and Cinema 2 to show movies from September 1, 2026 through August 31, 2027. 6. Approve: Memorandum of Agreement (MOA) AFSCME Public Safety Dispatchers Union To approve, and authorize the Town Manager to sign, the collective bargaining agreement Memorandum of Understanding between the Town and the AFSCME Public Safety Dispatchers Union for the period of July 1, 2026 to June 30, 2029. DOCUMENTS: MOU Dispatchers FY27-FY29.pdf VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the Consent Agenda. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Hearing: Noise Bylaw Special Permit - Town Of Lexington - Culvert Lining Project Mr. Pato opened the hearing at 6:44pm. John Livsey, Town Engineer, explained that the Engineering Division respectfully requests that the Select Board approve a Noise Bylaw Special Permit to allow work outside the Noise Bylaw permitted hours for the lining of a 48-inch culvert in the Grove Street area that extends to the south side of the Route 95 bridge. A majority of the work will be completed during permitted hours; however, additional time outside those hours may be necessary to complete the lining process in a single day and avoid interruption of the work. The work is anticipated to take place on a date, to be determined, in September 2026. The culvert lining operation is anticipated to begin at approximately 7:00 AM and, under a best-case scenario, conclude by approximately 7:00 PM. A more typical scenario may require work to continue as late as 12:00 AM to complete the lining and curing process. The lining operation must be performed continuously without interruption, making the additional hours necessary to complete the work once the process has begun. Equipment on site is expected to include a support truck, jetvac truck, TV/inspection truck, rack truck for transporting the liners, diesel generator(s), water pump(s), and, if needed, an air compressor. After 5:00 PM, National Water Main Cleaning Co (NWMCC) will make every effort to minimize noise from the construction site; however, some noise is expected from the equipment and crew activities required to complete the lining and curing process. A notice of work would be provided to all abutters via either a mailing or hand delivery to all those within a 300-foot buffer zone of the project with a specific date once we can determine the precise day. Constant contact and website updates will also be used to communicate. A notice of this hearing was posted to the Town Website Legal Notice page and also delivered to the abutters (there were minimal abutters) within the 300' of the work area. There was no public comment, and Mr. Pato closed the public hearing at 6:47pm. There was consensus on the Board that this appears to be a prudent plan, which seeks to mitigate noise to the greatest extent possible. VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to approve the Noise Bylaw Special Permit requested by the Engineering Division and National Water Main Cleaning Co. (NWMCC) for the 48-inch culvert lining project in the Grove Street area, allowing work outside the hours permitted under the Noise Bylaw on a date to be determined in September 2026. Work may begin before 7:00 AM and, if necessary, continue as late as or past 12:00 AM to complete the lining and curing process. Advance notice will be provided to abutters within 300 feet of the project once the work date is established. The permit is granted with the understanding that the lining operation must be completed continuously without interruption. DOCUMENTS: Noise bylaw waiver request.pdf; Grove St Locus Plan.pdf 2. Discussion: Regarding Lexington Food Pantry Seeking New Operational Location Usha Thakrar, Manager of the Lexington Interfaith Food Pantry, and State Representative Michelle Ciccolo updated the Board on the Lexington Food Pantry’s search for a new operational location. The discussion included the Pantry’s current space and operational needs, challenges associated with identifying a suitable new location, and potential opportunities, ideas, and resources that may assist with the search. Ms. Thakrar explained that the church is not kicking the Pantry out. The Pantry has simply outgrown the space. The need in the community and the services that are provided has outgrown the space. The Pantry has operated out of the basement of the church for 35 years. The Pantry serves an average of 150 families per week. There has been a 200% increase in those served since 2019. The Pantry delivers to about 20 families a week. A different space would allow the Pantry to expand its hours and operations. Ms. Ciccolo reviewed the proposed task force and its charge. Mr. Bartha explained that Town staff has reviewed buildings within its control to see if they could be options for the Pantry space. There does not seem to be an available municipal space at this time. Town staff will continue to be part of the conversation. The Board thanked the group for this initiative and asked for future updates. DOCUMENTS: Presentation 3. Update: Lexington High School Project Dashboard Mike Cronin, Director of Public Facilities, provided an update on the Lexington High School Construction Project Dashboard and its ongoing development and use. In the last month, there have been 452 visits, averaging about 1:39 per visit. Mr. Pato noted that the financial data is updated once per month and there are links to dynamic camera views of the construction site. Ms. Kumar noted that she would like to see some projected costs at completion added to the dashboard eventually. Mr. Cronin noted that there is a budget bar which shows how much has been spent to date and whether the project is ahead or behind that spending. 4. Discussion: Update on Lexington High School Project Financing Carolyn Kosnoff, Assistant Town Manager for Finance, provided a brief update on the financing of the Lexington High School construction project, including the first tranche of debt (i.e. municipal bond) to be issued this August, and the current market environment. The first tranche is planned for $125M. This will cover spending that occurred throughout the summer and is expected to cover all of the spending that will occur through this coming June. In June, the Town will issue a second tranche of debt that will cover the following year. An interest payment is due this current year, FY27. The first principal payment will not be due until fiscal 28. She noted that 30-year debt is expected to come in over 4% at this point. The model contained 4% as the assumption. Shortening the term to 25 years could save a significant amount of interest over the 30-year life of the debt. However, it would have a bigger impact on the taxpayers. DOCUMENTS: LHS Financing Update_8.12.2026.pdf 5. Discussion and Direction: Trash and Recycling Collection Program Options Maggie Peard, Sustainability and Resiliency Officer; Dave Pinsonneault, DPW Director presented two proposed options for discussion regarding the automated trash and recycling collection program. There will be upcoming community input events on August 26, September 2, September 4, September 14, and September 15. The two options include a baseline of a 35-gallon cart, the opportunity to purchase an additional 35 gallon. Also, a 65-gallon cart for recycling, with an option to opt down. Composting will be encouraged. The other option is a 48-gallon cart, with an opt down to the 35-gallon cart, and the ability to purchase another 48-gallon cart. Other than going with a 35-gallon cart program, grant funding is not available. A 48-gallon cart program would allow more points on the current grant. A mailer will be sent to all households notifying them of the public meetings and of the special collection waste fees that are going into effect in September. Mr. Pato read a statement from Ms. Hai that she was generally comfortable with the proposal as outlined in the slides in the packet. She supports the idea that the Town needs to design for Lexington rather than being focused on achieving grants. She suggested to incorporate periodic overflow events and possibly a starter overflow bag set. Mr. Lucente stated that he would like to see more specificity in the ranges for the cost amounts. He also suggested that idea of piloting free and unlimited composting in even one neighborhood to see if this reduces the trash weight overall. Finally, he would like there to be accommodations for household sizes beyond financial hardship. Mr. Sandeen suggested that, in terms of household size, households over a number of five could be offered an additional 35-gallon bin if they compost. He also suggested reusing the existing bins for recycling. He asked if staff could evaluate whether it would be more cost effective to either use bins or bags for trash disposal in excess of the default bin size, but not both. Members of the Lexington High School's Envirothon team spoke in support of adopting a 35-gallon trash cart as the baseline size, citing town data on current trash volumes, the importance of recycling and composting, potential 15–35% waste reduction, and associated state grant and disposal cost savings, while noting that households needing more capacity could use overflow options. Dawn McKenna, 9 Hancock Street, suggested an ability to opt into two free 35-gallon barrels on top of the 48-gallon baseline. This could be helpful for those who go away at certain times of year and do not use barrels at all. There are other suggestions regarding using bins only instead of bags and how to reuse existing bins. DOCUMENTS: Presentation 6. Presentation: “Eye on Water" Water Usage Monitoring Program Vyctoria Walsh, Utility Billing Manager, provided an overview of the Town of Lexington's “Eye on Water” program, a tool available to residents to monitor and track their household water usage. The presentation highlighted how the program works and how residents can use it to better understand and manage their water consumption. There will be a webinar next Tuesday at 6pm for more information. Mr. Sandeen asked if staff could investigate whether it would be possible for either the Eye on Water app to report usage in hundreds of cubic feet to align with the units the Town uses for billing or whether the Town’s billing system can report usage in gallons, to align with the Eye on Water app usage units. DOCUMENTS: Presentation ADJOURN VOTE: Upon a motion duly made and seconded, the Select Board voted 4-0 to adjourn at 8:30 p.m. A true record; Attest: Kristan Patenaude Recording Secretary