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HomeMy WebLinkAbout2018-07-09 BOS-min Selectmen—July 9, 2018 Page 1 of 20 SELECTMEN'S MEETING Monday, ,July 9, 2018 A meeting of the Lexington Board of Selectmen was called to order at 6:30 p.m. on Monday, ,July 9, 2018 in the Selectmen's Meeting Room of theTown Office Building. Ms. Barry, Chair-, Mr. Pato; Ms. Ciccolo; Mr. Lucente and Ms. Hai were present as well as Ms. Axtell, Assistant Town Manager; Ms. Siebert, Recording Secretary. Mr. Valente, 'Town Manager, was absent. Selectmen Concerns and Liaison Reports Ms. Barry thanked the Lions Club for another spectacular 4 Ih of,July fireworks show and carnival; Mr. Lucente thankedTown departments and staff for assistance with these annual events. This year marks the 62 d year of the carnival. Ms. Barry reported that she has met with Anne Eccles, Chair of the Historic Districts Commission and the ad hoc 40C Study Committee. Ms. Eccles plans to present a request to the Selectmen at the ,July 23, 2018 meeting to revise the ad hoc Committee's name, charge, and membership. 'The goal is for the ad hoc Committee to complete its work in time for 2019 Annual Town Meeting. Ms. Barry, Mr. Pato, Mr. Lucente, and Ms. Hai will visit theTown of Duxbury's crematorium on ,July 10, 2018 for an informational tour. Ms. Hai noted that later in the meeting, the Selectmen will vote to sign a Proclamation in support of transgender rights, proffered by the Human Rights Committee (HRC). 'The HRC feels it important for theTown to make its position clear in advance of a November 2018 ballot question about a statewide repeal of transgender rights. A Xnrove Speed Limit Reduction-_ ar _S in Street --&- — In January 2018, the Board of Selectmen requested permission from the Massachusetts Department ofTransportation (MassDOT) to reduce the speed limit on Spring Street from 35 mph to 30 mph. MassDOT approved the request and Board action is now required. David Kucharsky. Assistant Planner, noted that the State's policy is to set speeds on an entire roadway rather than on just a section; MassDOT determined that the currently unfrosted segment of Spring Street from the Waltham Town line to Route 2 should be posted at 35 mph, meaning that the formerly unfrosted segment would go from 25 mph, the 'T'own's default speed limit, to 35 mph, Mr. Pato deemed the speed limit increase from 25 to 35 mph unfortunate but otherwise saw merit in the reduction from 35 to 30 mph. Ms. Hai agreed, noting that the segment being decreased is a walk.-to.-school zone for both the Bridge Elementary School and the Clarke Middle School. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign the Special Speed Regulation 158.-D for Spring Street, from Marrett Road to the Waltham City line. Review Data Related to Visitors Center Rental Qf�Sacg MelissaTintocalis, Economic Development Director, and ,lim Shaw, President of the Lexington Selectmen—July 9, 2018 Page 2 of 20 Chamber of Commerce, presented follow-up information requested by the Selectmen regarding Chamber of Commerce rental rates in the new Visitors Center. Also present from the Chamber were Executive Director Molyna Richards, Treasurer Veronica Tamburrini.-Caira, and Secretary FredJohnson. Ms. Tintocalis referred to a compiled list of Lexington Center office space rental rates and asked the Selectmen to comment about the proposed Chamber of Commerce rate of$300/month (for approximately 145 square feet). Mr. Lucente approved of the plan and deemed the rate fair. He emphasized the value of the Chamber's contributions to Lexington's economic development. Mr. Pato and Ms. Barry were happy the data confirms that the proposed rate is in line with other Center rental pricing. Ms. Ciccolo said having the Chamber at the Visitors Center continues a desired synergy. Ms. Hai asked if the additional storage space in the basement should be included without cost. Ms. Tintocalis reported that basement space typically does not demand the same price as retail/office space; including it complies with best practices. Ms. Hai asked about the addendum to the memorandum of agreement about paying off of a debt for lighting installation at a rate of $300/month. Mr. Shaw said the rent and the lighting are two separate payments; the expense was incurred during a time when the Chamber was experiencing financial difficulties. The Chamber has been paying off the debt incrementally. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and authorize the Town Manager to sign the License Agreement with the Chamber of Commerce with the rent set at$300 per month. Use of Massachusetts Avenue Sidewalk A�dacent�to Chain M�illAll�e Ms. Tintocalis asked for Board feedback on a request to install overhead lights at the public right of way, where Grain Mill Alley intersects with Massachusetts Avenue, although approval is under the Town Manager's office purview. Both the Lexington Retailers Association and the Center Committee support the overhead lighting request. Mr. Lucente asked if tables, chairs, umbrellas, and chess/checkerboard games will be used again this year, as they were three years ago. Ms. Tintocalis said feedback about the tables and chess/checkerboard game is welcome but permission to put out the furnishings is under Historic District Commission jurisdiction. An adjacent business owner would have to agree to act as "steward" for the game pieces. The previous checker game was destroyed and another would have to be purchased. Mr. Pato approved of the tables, games, and lighting, saying they will successfully activate the area. He asked that a planting boundary be put in place so that the game pieces are less likely to roll into the street. Ms. Barry said directly-abutting businesses expressed concerns three years ago about the furnishings' proximity to stores. Ms. Tintocalis said the furnishings would be placed in the Selectmen—July 9, 2018 Page 3 of 20 public right of way controlled by the the 'Town, not in the alleyway controlled by Bank of America and a condominium association. Ms. Ciccolo was happy the improvements would be a draw for residents and visitors and asked if the public pianos would return to the Center and around town. Ms. Hai agreed that vitalizing the Center is important. She asked how re-purchase of the games and other expenses would be covered. Ms. Tintocalis said the games, estimated to cost$350, will come from the Economic Development department budget. 'The DPW will move the planters as soon as the Board votes its approval; the furnishings will stay in place until the end of October, the same timeframe as the seasonal parklet across the street. Dawn McKenna, Chair of the 'Tourism Committee, said there have been many requests for the pianos to return but there is currently no funding. The 'Tourism Committee has expressed safety concerns about the game pieces, although members generally support rejuvenating the gathering area. Ms. McKenna asked if the furnishings would block sidewalk access. Ms. Tintocalis replied that the area has been measured/marked so the furnishings will not impede pedestrian movement. ,Jim Shaw, President of the Chamber of Commerce, added his support for the furnishings, saying they add charrn to the Center; business owners have expressed approval. Ms. Tintocalis thanked the Selectmen for their consensus in support of the request. Apaoint Actin Town Manaer Ms. Barry asked the Board, in accordance with the Selectmen.-Town Manager Act of 1968, to approve the appointment of an ActingTown Manager effective August 4, 2018 until a newTown Manager is hired, but no later than May 3, 2019. Ms. Barry and Mr. Lucente have been in negotiation with Ms. Axtell, Assistant'Town Manager. 'T'erms of the agreement will come before the Board at the next meeting on July 23, 201& Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Kelly Axtell as ActingTown Manager effective August 4, 2018, subject to negotiating a satisfactory employment agreement. Close RCN Public Ascertainment H� Mr. Pato reported the RCN public ascertainment hearing was opened on Monday,June 18, 2018, for the purpose of reviewing RCN's performance and to hear testimony on future cable-related needs and the interests of the Lexington Community. Written comments were accepted until ,July 2, 201& Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to close the RCN public ascertainment hearing on Monday, ,July 9, 2018 at 7:00 p.m. Public He cation Ms. Barry opened the Public Hearing at 7:00 p.m. Selectmen—July 9, 2018 Page 4 of 20 Lemon Grass Inc. has submitted all the necessary paperwork needed to support this request, including proof of the public hearing notification mailing. Upon motion duly made and seconded, the Board of Selectmen vote 5-0 to approve the application for a Change of Manager, Alteration of Premises and Change of Beneficial Interest/Transfer of Stock, Change of DBA and Change of Corporate Structure and, upon approval by the ABCC, issue an amended 2018 All Alcohol Restaurant Liquor License to Lemon Grass Inc. d/b/a Love at First Bite 'Thai Kitchen & Bar. Ms. Barry closed the Public Hearing at 7:01 p.m. Review FYI 9-20 Board of Selectmen Goal Assi�mrngnts Ms. Barry has assigned partners and/or individual Selectmen as leads to each of the 20 high.- priority FY 19-20 goals. She asked the Selectmen to meet with their partners to hone/edit the goals and narrow the list. The edits should be submitted to the Selectmen's office and the revised list will be re.-distributed for review at the Board meeting on July 23, 201& The Board reviewed the goals and assignments. These changes were discussed: • Goal 410: The Selectmen's role in onboarding the new Superintendent to Schools was deemed complete. • Goal 429: Policy and Procedure Manual was brought into the top tier. • Ms. Hai said transportation issues, as captured in Goal 427, should be a high priority. If the Selectmen agree, she would assume the lead on Goal 427. Town Mam Ms. Axtell stated that Richard Perry has been a member of the Permanent Building Committee since 2003. Ethics training is up-to-date. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve theTown Manager's reappointment of Richard Perry to the Permanent Building Committee for a term to expire,lune 30, 2021 Consent ABenda Water& Sewer j_Commiti-neaLs/Adustments Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the following Water& Sewer commitments and adjustments: Water& Sewer Commitments April 2018 Finals $ 7,642.44; Water& Sewer Adjustments per WSAB April 12, 2018 ($ 6,213A I); Water chi Sewer Adj ustments per WSAB May 17, 2018 ($13,638 83). 0 Use of Battle Green----- Lex un Halloween Parade Selectmen—July 9, 2018 Page 5 of 20 Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request for use of the Battle Green for the annual LexFUN Halloween Parade to be held on Saturday, October 27, 2018 from 10:00 a.m. to 12:30 p.m. (rain date Sunday, October 28th). The proposed event has been reviewed and approved by Police, Fire and DPW staff. Donations from parade attendees will support the Lexington Food Pantry. A 2prove and Si&,n 'Trans ender Proclamation Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and sign a proclamation declaring theTown of Lexington's support of the Commonwealth's existing nondiscrimination protections for transgender people. Approve One-DayLiquor Li uor Lice Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve two Spectacle Management requests for One.-Day Liquor Licenses to serve beer and wine at the following events being held in the Cary Memorial Building, 1605 Massachusetts Avenue: Cowboy ,Junkies, Wednesday, ,Iuly 18, 2018, 8:00 p.m.-11:00 p.m.; Dennis DeYoung Thursday, ,July 26, 2018, 8:00 p.m.-11:00 p.m. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a One.-Day Liquor License for FoodLink to serve beer and wine at their Rescue toTable Fundraising Dinner to be held at Church of Our Redeemer, 6 Meriam Street, on Thursday, July 26, 2018 from 5:00 1p.m. to 9:00 pr m. Approve and Sign 1--,a le�Con�,ratulafions Letters Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to sign and send a letter of commendation congratulating Pierce Warburton for attaining the highest rank of Eagle in Boy Scouting. 0 Approve Minutes Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and release the minutes of the,loint Board of Selectmen and School Committee Meeting of May 23, 201 Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to approve but not release the Executive Session minutes of May 21, 201& Public Hearing Inn at IIa tangs Parlc Request to Remove Liquor License Conditions Ms. Ciccolo recused herself from this item as the Inn owner has made a financial contribution to Ms. Ciccolo's campaign for State office. Ms. Barry opened the Public Hearing at 7:20 p.m. Selectmen—July 9, 2018 Page 6 of 20 Inn at Hastings Park ownerTricia Perez.-Kennealy and attorney 'Trish Farnsworth, partner at Lawson and Weitzen, LLP requested that the Board remove all seven conditions from the Inn's liquor license. Ms. Farnsworth stated that, when the Inn first opened in 2012, it was new territory for Lexington businesses so the 2013 liquor license had safeguards that, in her client's opinion, have become unnecessary now that the inn has proven to be a responsible addition to the community. Ms. Perez.- Kennealy said she is proud of the work she and her team have done to establish the Inn as the only Relais & Chateau in the Boston area. 'The Inn has also won a number of coveted awards and distinctions. Ms. Perez.-Kennealy believes the Inn represents "economic development in its purest sense", stating that many repeat customers are CEOs of large corporations who conduct/may want to conduct business in Lexington. The restaurant also attracts diners from near and far; however, many new hotels and restaurants have made staying competitive more challenging. Based on the inn's demonstrated ability to uphold community standards/expectations and the need to stay competitive, Ms. Perez.-Kennealy asked that the Selectmen remove the distinctions made between inn guests and outside restaurant customers regarding alcohol service so that all customers may enjoy the same level of hospitality. She emphasized that she is not asking to extend service hours on the porch, or anywhere on the outdoor grounds, past 9 p.m. as that would disturb the quiet hours that are important to the neighborhood and inn guests. Ms. Perez.- Kennealy also did not ask to increase the seating capacity of the restaurant which is constrained by the size of the kitchen. Ms. Perez.-Kennealy said the Inn always distributes parking information to its guests and no complaints about street parking have been brought to her attention, even during weddings. Ms. Perez.-Kennealy stated that she has made her cell phone number widely available in case of problems and staff are stationed at the front desk of the inn, 24 hours/7 days a week. With the exception of one abutter, no one has contacted her with concerns about the request to remove the liquor license conditions. Ms. Barry noted that the Selectmen received ten emails about the inn's request from residents. The Chief of Police also submitted a written report, stating that neither the Inn nor the food alcohol service has impacted police operations. With the exception of one individual, who has called frequently on license compliance issues, the Inn seems to be managing their services well and has not appeared on any over-serving reports generated by the Commonwealth. The Police have received no parking or noise complaints. Referencing comments made in some of the residents' emails to the Selectmen, Attorney Farnsworth refuted suggestions that the timing of Ms. Perez.-K.ennealy's application to request removal of the conditions was calculated to evade the public's attention. Ms. Farnsworth's office forwarded the Inn's request to theTown on May 10, 2018 and requested a hearing date of May 21, 2018 but the Selectmen's agenda could not accommodate the date. On June 22, 2018, Ms. Farnsworth learned the hearing would be on July 9, 2018. As required, the applicant mailed public hearing abutter notifications within three days. Ms. Barry further explained that the Board Selectmen—July 9, 2018 Page 7 of 20 had felt it important for all members t®be present for the hearing; due t® absences, the full Board has n®t met since May. Brian Cooper, 6 Parker Street, said he is technically n®t an abutter but lives one house l®t away. He believes it disingenuous t® say there have been n® comments and that people were informed within three days because he did n®t kn®w of the hearing until a direct abutter told him. He has n®t personally experienced many disturbances from the Inn and he does n®t want that t® change. He has patronized the Inn and enjoys it but he is concerned about removing the conditions because it chips away at what was agreed t®. Dawn McKenna. Chair of theTourism Committee, said that the initial concern s\conditi on s were understandable but the inn has been an economic boon t®the community and contributes significant hotel, meals, and property taxes. Ms. Perez.-Kennealy has met and exceeded the requirements placed upon her and has been sensitive t® neighborhood concerns. Ms. McKenna believes that St. Brigid's church makes more noise than the Inn does and that the Inn should be treated fairly s® it can compete and survive. Pamela Lyons, 51 Grant Street/Center Committee member, urged the Board t® support Ms. Perez.-K.ennealy's request. The restrictions, she believes, are n® longer needed and this kind of business should be encouraged. Tom Harrington, 11 Parker Street, said he was concerned at first about h®w the Inn would affect the neighborhood and has only become more concerned, listening t® tonight's discussion. The Inn is a commercial interest in a residential area and the language of Ms. Perez.-K.ennealy's request is the language of commerce. He believes the compromises in the original memorandum ®1 understanding (about parking, traffic studies, and egress) were painstakingly deliberated and should remain in effect; there have been few complaints because the conditions are in place. He asked the Selectmen t® continue t® protect the residents. Chris Dunham, 2006 Massachusetts Avenue, said that he regularly hears noisy people leaving the Inn after 10 p.m. He asked for clarification ®n the different types ®1 patrons and h®w removing the distinction would change the Inn's business practices. Ms. Perez.-Kennealy clarified that the seating capacity of the restaurant is 54, no matter whether an event is taking place ®r not. There is n® service of food and alcohol outside the building; the tent is used only for wedding ceremonies, n®t for receptions. Sarah Wondolowski, 2030 Massachusetts Avenue, has family ties t®the neighborhood and is aware of its history. She believes the Inn is beautiful and wel I.-maintained. However, as the mother of three young children, she is concerned about establishments that serve alcohol and the people they draw. Since the conditions appear t®be working, they should n®t change. Her biggest worry is people drinking ®n the porch and getting out of control and she is concerned about the presence of alcohol near the recreational high school campus. Additionally, she inn/restaurant patrons d® park ®n Parker Street; the busier the inn gets, the more this will happen. Selectmen—July 9, 2018 Page 8 of 20 Phil Hurd, 2016 Massachusetts Avenue, stated that he emailed his comments to the Selectmen but wanted to add that he does not want the Inn to fail; Ms. Perez.-Kennealy has always been responsive to his concerns. The bigger issue is that the Inn has been a big change for the neighborhood: loud goodbyes in the parking lot, delivery trucks, snow removal in the pre-dawn hours. Since the Inn opened, four of the five abutting homes have turned over. He believes the thoughtfully-deliberated conditions are not overly burdensome and should remain. ,Jim Wilson, 43 Locust Avenue business owner, supported easing the restrictions. Ms. Perez.- Kennealy has run the Inn responsibly and the business climate is getting more competitive. ,Jim Shaw, Publisher of the Colonial Times/Chain-nan of the Board of the Lexington Chamber of Commerce, said the Inn is a credit to Lexington and makes extraordinary contributions to the quality of life in town. There have been no incidents since the Inn opened. The staff is topnotch. The Inn is simply asking for a level playing field. Kate Colburn, 49 Forest Street/Precinct 4Town Meeting member, spoke in support of the Inn's request, saying it is a beautiful establishment that is an asset to the town. She believes much of the on-street parking issues stem from the churches. Because of multiple activities in the neighborhood and at the intersection, it is unrealistic to expect a tranquil residential area. She has not noticed that the Inn has had an adverse effect on the noise or traffic levels and feels it a shame to hobble the Inn's ability to compete. Fred,Johnson, Center Committee/ Lexington Chamber of Commerce Board member, enthusiastically endorsed the request to remove the conditions, saying that the Inn and restaurant have put Lexington on the map, nationally and internationally. The Inn, in his opinion, is an extraordinary achievement that has demonstrated its commitment to high standards and community responsibility. Ruth Thomas, 10 Parker Street/Precinct 4Town Meeting member, said that she often hears that businesses are unfairly treated but believes residents should be treated fairly as well. In general, she believes the restrictions on the Inn's license should be kept in place, although upon review, some might be altered/lifted. Regarding fairness, she does not know of any restaurants in Lexington that allow their guests to wander outside with drinks. ,Jackie Potdevin, 111 Adams Street, said she would love having the Inn as a neighbor because it is more respectful of quiet hours than many residential neighbors are. She has stayed at the Inn, as have many of her business contacts, and all have enjoyed the experience. Ms. Barry read a submission from Police Chief Corr regarding incidents at 2027 Massachusetts Avenue, the address of the Inn, over the time it has been open for business: 0 2013: two fire alarms; one broken window/breaking and entering; 0 2014: three medical calls; one stolen cell phone; 0 2015: two medical calls-, five fire alarms, one parking complaint(moving van blocking a lane; one suspicious activity (love notes on a car windshield); 0 2016: three medical calls; one hit and run vehicle damage; Selectmen—July 9, 2018 Page 9 of 20 0 2017: two medical calls; six fire alarms; one car alarm; 0 2018 to date: one medical call; one hit and run vehicle damage. Ms. Perez.-K.ennealy clarified some timing details: the Inn signed the original memorandum of understanding on May 9, 2012, two days beforeTown Meeting approved the zoning relief that allowed the Inn to go forward. Liquor licensing was approved the next summer, ,july 2013; the conditions of the liquor license and the memorandum of understanding are two separate documents. Lexington's liquor laws prohibit serving alcohol without food; the Inn is careful to adhere to this rule. Ms. Perez.-K.ennealy believes that overserving a patron is the riskiest thing she could do as a business owner. All the Inn's bartenders/waitstaff ire TIPS trained. Ms. Farnsworth said her client hopes that all seven conditions will be removed but is willing to work with theTown. Mr. Lucente, whose residence is near other establishments with liquor licenses, is sensitive to concerns of the Inn's neighbors. Initially, he reacted negatively to the request to remove the conditions but subsequently toured the Inn and restaurant kitchen and now sees clearly why the seating capacity is limited to 54. The things the Inn would like to change, however, do not seem to correlate with a need to lift all seven conditions. The ability to consume alcohol on the porch will remain the same, no matter what the Selectmen decide; it is a matter of how it is served and by whom. Mr. Pato said he values the Inn and hopes it will remain successful. He does not believe, however, that it is necessary or appropriate to lift all of the conditions. He would prefer staff to be in control of alcohol service on the porch. He does not believe there should be an expansion of where consumption can occur nor does he agree with potential changes of times of service, since the times now conform with Town policy. He does not mind allowing drinks service for Introns waiting for a table but wants to ensure people cannot come in for a drink without the intention to dine. Ms. Barry said she finds it bold to request remove all seven conditions. However, she would like theTown, Inn, and residents to work together to make changes that might be appropriate. TheTown staff comments on the conditions were reviewed. Ms. Perez.-K.ennealy noted that, in the first condition, the staff suggestion to add the word 'tent" is unnecessary since food/alcohol service is not done in the tent. She agreed with the staff recommendation that service on the porch not extend beyond 9 p.m. She believes patrons could be allowed to safely take drinks to their rooms. Suggestions re: Condition 46 are rendered moot since the seating capacity cannot change because it is based on kitchen capacity. Ms. Perez.-K.ennealy agreed to the suggestion that a section in condition 47 be deleted, regarding "full meal" service rather than "food" service. Ms. Hai asked if the Inn has an occupancy limit and, if so, does it include both the Inn and restaurant. Ms. Perez.-K.ennealy said the technical capacity of the restaurant is 90 but the zoning/parking capacity is for 54 seats, no matter in which room/location they dine. 'The Inn may serve 98 people over the course of a night but cannot accommodate more the 54 at any one time. The rooms are limited to occupancy based on the number of beds. Selectmen—July 9, 2018 Page 10 of 20 Ms. Hai said she sees three basic revision areas: the distinction between consumption and service on the porch; the ability to transport alcohol to the outer buildings; whether alcohol service has to be accompanied by a "seated meal" in the dining room. Ms. Hai noted there are other restaurants that serve alcohol in other residential areas in town: Meriam Street and Waltham Street for example. Ensuring parity is appropriate; she agreed with eliminating the distinction between consumption and service. She does not believe a full meal must accompany an alcoholic beverage but she would like to retain the stipulation that allows staff alone to transport alcohol to the outer buildings. When polled, all four participating Selectmen agreed that some of the conditions could be lifted or modified. Ms. Barry recommended continuing the Public Hearing on August 27, 2018. Ms. Perez.-Kennealy said she would prefer an earlier date; Ms. Farnsworth said the discussed changes would be easy to make and could be done now; Mr. Pato said the language amendments should not be done on the fly; he would not approve anything not written in its final form. Ms. Hai said she would work with Ms. Perez.-Kennealy to make the revisions, in consultation with Mr. Valente or his designee. They will discuss how to involve the neighbors in the collaboration. Upon motion duly made and seconded, the Board of Selectmen voted 4-0 to continue the Public Hearing until Monday, August 27, 201& Udate on�27 C�Iarke Sheet Building;Pen�-nit p Mr. Pato reported that the Selectmen have received a number of inquiries about a twice-extended building pen-nit for 27 Clarke Street. Previous Building Commissioner Fred Lonardo and current Commissioner,lim Kelly both extended the pen-nit for 6-month periods because the Historical Commission's 1.-year demolition delay prohibited the property owner/builder from acting within the timeframe of the original pen-nit. It was noted that property owners and developers commonly 'freeze' existing zoning by filing permit applications prior to the implementation date of zoning changes; theTown cannot prohibit this practice and denial of the extension(s) would be inconsistent with how similar situations have been handled in the past. On the issue of whether the Building Commissioner's decision(s) to extend the pen-nit can be appealed, Town Counsel has stated that the neighbors could file an appeal with the Zoning Board of Appeals until June 30, 2018 but the deadline has passed. The filing fee for such an appeal is a $100. 'The matter is solely within the Building Commissioner's purview. Staff is not aware of any action theTown Manager or Board of Selectmen could have exercised. Carol Kowalski, AssistantTown Manager for Development, said she understands the public's frustration with the 27 Clarke Street situation. The zoning bylaw change was advertised in ,January 2017 for the 2017 Annual Town Meeting and once passed took effect,july 1, 2017. Mr. Pato asked if the proper process was followed. Ms. Kowalski said it was, even though it is reasonable to expect that a building pen-nit would not be issued before pending zoning changes have taken place; in the absence of prohibition, however, it is a builder's prerogative to apply for a pen-nit. In future, a policy could be established to prohibit issuance of a building pen-nit until the demolition delay timeframe has elapsed. Mr. Pato asked what the procedure would be to Selectmen—July 9, 2018 Page 11 of 20 establish such a policy. Ms. Kowalski said that she, the Building Inspector, and a member of the Historical Commission have met to discuss this but there are a variety of difficulties to be sorted out. The Legislature is debating the elimination of zoning freezes; Town Counsel has begun to look at the issue. Mr. Pato saidTown Meeting should be mindful in the future that zoning revisions may be subverted prior to effective change dates. Mr. Kelly stated that he understands the views of the neighbors but believes theTown would have been put in legal jeopardy if the extensions had not been granted. Mr. Lucente said he does not believe staff have done anything untoward in the case of 27 Clarke Street. Builders put time and effort into developing building plans that cannot be executed overnight. While the structure at 27 Clarke does not appear to be historically significant, demolition delay is also a tool to protect a neighborhood. He does not believe the Selectmen have jurisdiction over this issue; the decision to extend the pen-nit was within the duties of the Building Commissioner. A TBA appeal was possible but the filing deadline has expired. Ms. Kowalski said, in fairness, the neighbors did not have many days to file once they understood the appeals process. Ms. Ciccolo agreed the situation is unfortunate but asked to look ahead to the future. Ms. Ciccolo noted that the demolition delay bylaw is a General Bylaw and is easier to amend than a Zoning Bylaw. Ms. Hai asked how a request for an extension is weighed. Mr. Kelly said the terrn used in the Building Code is "foriust cause"; defining "just cause" would have been the root of any legal argument. Ms. Hai said once the first extension was issued, there was no justification to deny the second extension. The task now is to improve the process so theTown does not work against its own best interests. She would like to see the demolition delay bylaw have more "teeth". Kate Colburn, 49 Forest Street/Precinct 4Town Meeting member, said this issue is important. She is not sure the original pen-nit should have been granted since the zoning changes were already in motion. Further, she does not see any legal requirement that mandates the extensions. Ms. Colburn referenced an FAQ document on the 'T'own's website that states building pen-nit extensions can be denied if zoning has changed. The house that will now be built at 27 Clarke Street will exceed zoning limitations by 2,500 SF, counter to the intent of the demolition delay bylaw which seeks, in part, to prohibit out of scale re.-building. She believes that the Building Commissioner protected the builder to the detriment of the neighborhood; she is aggrieved that zoning laws, created and passed in good faith, were not enforced and were actively subverted. She believes a review of the decisions of the case is warranted, as well as a review of the procedures, practices, and policy directions for the entire permitting process. She believes the neighborhood can file with the TBS until ,luly 21, 201& Lei Shu, 34 Forest Street, asked why the building pen-nit was issued without an Historical Commission public hearing. 'The neighborhood was also not aware that the permit had been extended or what the process for redress was. Selectmen—July 9, 2018 Page 12 of 20 Susan Marinaro, 33 Forest Street, said she was present when the Historical Commission learned, at its meeting on June 21, 2017 that a building permit had been granted six days earlier to the owner of 27 Clarke Street. She feels let down by theTown as she was not contacted, as a neighbor, about the status of the building pen-nit. She believes other towns require greater accountability than she sees in Lexington's process and she believes more bite is needed in the demolition delay bylaw so that property owners are encouraged to find alternatives to tearing down older homes. In addition, Ms. Marinaro is unhappy that an old growth tree was taken down for what she believes was no discernable reason. Susan McLeish, Precinct 4Town Meeting Member/27 Clarke Street abutter, echoed Ms. Colburn's comments. Town Meeting made a deliberate decision to limit the gross floor area ratios for buildings. The building permit for 27 Clarke Street was submitted "under the wire" and then extended twice, all with the express knowledge thatTown Meeting had changed the zoning regulations. She is disappointed and disillusioned with the process and asked theTown to look into revising or rescinding this building peitand to make sure that nothing of this sort occurs again. Kevin McDonald, 25 Forest Street, feels that the rules have not been equitably applied, citing another resident who had also put time and effort into building plans, like the owner of 27 Clarke Street, only to be told by the Historical Commission that she could not do as she hoped. Mr. McDonald believes it reasonable to require that a demolition delay period elapse before a building peitcan be issued. Ms. Ciccolo asked if the building permit could be revised or rescinded. Mr. Kelly said, while he understands the frustrations of the neighborhood and the oddities of the process, he has no justification to rescind the building peitsince the reasons it was extended are justified. Something can perhaps be done in the future to revise the demolition delay bylaw. Ms. Kowalski said the Building Commissioner's authority comes from theTown Manager; the AssistantTown Manager for Development acts as supervisor. Decisions made by the Building Commissioner can be appealed to the Zoning Board of Appeals only. Ms. Barry called a ten-minute recess until 9:10 p.m. The meeting was called to order again at 9:20 p.m. ADRrove Bedford Water 6— Arn reeent Dave Pinsonneault, DPW Director; and Ralph Pecora, Water and Sewer Superintendent-, presented the revised Lexington-Bedford Water agreement. 'The following amendments to the document were made after a previous Selectman review: adjustment of cost sharing percentages for Capital and Operating costs to 50%150%- and a clause to review the agreement every ,January. Bedford's Selectmen must approve the agreement as well. Ms. Hai asked how the agreement affects water pressure for Lexington's Grove Street area residents. Mr. Pinsonnault said a pressure relief valve, installed last summer on Grove Street, has worked to keep pressure at or above a minimum of 20 PSI and can be adjusted as needed. Bedford's water draw is one component of the Grove Street pressure drop but Lexington users Selectmen—July 9, 2018 Page 13 of 20 impact the pressure by running irrigation systems in the early morning hours when there is also a spike in domestic water use. In the past, the DPW has asked for Lexington residents to agree to a voluntary irrigation restriction for this high demand time period; the request will be renewed this summer and the same voluntary restriction will be made of Bedford residents. Ms. Ciccolo expressed concern that the new Grove Street development might add to the water pressure problems in that neighborhood. She asked if Bedford would share in the cost if Lexington requires another water tower. Mr. Pinsonnault said the water system evaluation conducted last year foresaw no issues bringing the new development online. Cost sharing with Bedford is for infrastructure upkeep and improvements that affect Bedford. Bedford and Burlington are in the process of hiring the same company that assessed Lexington's system so there will be consistency in the three towns' modeling. Ms. Barry asked if Lexington's water pressure will be affected when Burlington connects to Lexington's water system. Mr. Pinsonnault said Burlington's goal is to eventually connect directly to the MWRQ system. In the past, during emergencies when Burlington has connected to Lexington, no pressure drops have been detected. Ms. Barry asked if the DPW has directly contacted the residents on McKeever Drive to inquire about their water pressure. Mr. Pinsonnault and Mr. Pecora said they would follow up. Mr. Lucente understands the water pressure issues are ongoing. He agrees that the problem is related to irrigation system use but he is not eager to exacerbate the situation by approving Bedford's agreement before Lexington residents' pressure problems are resolved. Grove Street area residents are not receiving basic services. Mr. Lucente, too, is concerned about the new Grove Street development and how it will affect an already compromised situation. Mr. Pato noted than even if the Bedford connection is shut off, there will still problems with Lexington's Grove Street pressure. The issue should be high-priority. Mr. Pinsonnault said the engineering department and the consultant are looking into this. He agreed that the timing of Bedford's draw can have an impact but Lexington's topography and Grove Street's elevation are factors as well, as is the water pressure coming from the MWRQ. Ms. Ciccolo asked if the age of plumbing fixtures is a factor and whether theTown should work with residents on this. Mr. Pecora said when he visits residents in the area he will find out more specifics. Mr. Lucente said, if fixtures were the cause, the problem would not be seasonal. Ms. Ciccolo said theTown should do more community education about water use/conservation, and possibly impose restrictions. Upon motion duly made and seconded, the Board of Selectmen voted 4-1 to approve the Lexington .- Bedford Water Agreement as presented and authorize theTown Manager to sign said agreement. Mr. Lucente cast the dissenting vote. U esi 11 2date Center StreetscaRe 25% D----& Selectmen—July 9, 2018 Page 14 of 20 Mr. Pinsonnault provided a brief update on the Center Streetscape 25% design following input from the public meeting on June 11, 2018. 'The working group has been processing public questions/corn meats. Several notable focus areas for the working group include: a better definition of construction administration costs; curb cuts for accessible walkways; examination of safety data; maintenance; clarification of overall 25% design costs; proposed turning lane restrictions. The Selectmen will hear a longer presentation in September. A request for 100% design funding will be made to Special 'Town Meeting in November 2018. 'The goal is to get the Battle Green Streetscape design aligned with the Center Streetscape project so construction of the two, and other projects in the corridor, can be rolled together. For the record, Ms. Barry clarified that the Board of Selectmen did not vote to eliminate the turning lanes at either Massachusetts Avenue and Waltham Street or at Massachusetts Avenue and Edison Way as had been indicated in a prior presentation. Mr. Pinsonnault acknowledged this and added that Massachusetts Avenue would not be narrowed at Grant Street, contrary to how the;June 11 drawings made it appear. No change will be made at that juncture. Mr. Lucente asked for an explanation of the National Grid vault project at the corner of Massachusetts Avenue and Winthrop Road. Mr. Pinsonnault said this is a necessary project that National Grid is scheduled to do during the summers of 2018/19; traffic will be disrupted. 'The Grant Street bridge is now out for bid but only one road lane will be closed, and perhaps only one bike lane. Ms. Barry asked that road work on this project start after the morning rush hour. Ms. Ciccolo asked for a presentation to be made on the results of the sidewalk materials vibration test. Ms. Hai asked that National Grid also repair the sidewalk around the vault before considering the project complete and asked that anyone doing similar projects in the future be made to fix damages. Mr. Pinsonnault agreed. Dawn McKenna, Chair of the 'Tourism Committee, said she believes that the Center Streetscape and Battle Green Streetscape projects should be on the same timeframe. She asked that the two projects be coordinated before they are brought toTown Meeting. ,Ion Himmel, 66 Hancock Street, attended the:June 11 Center Streetscape public meeting and said construction logistics are important, especially because they will affect the Center businesses and affect the bid documents. He believes escalation costs as represented are 2018 costs rather than forecasted for the year the project will begin. Update Battle Green Master Plan Dave Pinsonnault, DPW Director; and Dawn McKenna, Chair of the 'Tourism Committee, presented updates on the multiple projects included within the scope of the Battle Green Master Plan. 'Two items require Selectmen action tonight: whether the Hayes fountain at the base of the Minuteman Statue should be restored as a working fountain and whether an ADA viewing area for the Belfry should be established on Clarke Street. Mr. Pinsonnault noted that: Selectmen—July 9, 2018 Page 15 of 20 • Improvements to the Battle Green should have a unifying effect on the area (pathways, lighting, benches, signage). Stabilized crush stone pathways and granite pavers will be used for accessibility and consistency. • Upgrades will provide accessibility for all users-, • Features are to be chosen with historical sensitivity. • The Historic Districts Commission approved all aspects of the Battle Green Master Plan-, • Funding was appropriated for phases I and 2-1 • The traffic study has been completed; • Battle Green streetscape conceptual plans have been completed along with monument restoration plans-, • Environmental and landscaping consultants have been hired. • The goal is for all to be completed before the town celebration in 2025. Mr. Pinsonnault said that the Revolutionary War Monument Obelisk and the Belfry would not be handicap.-accessible due to terrain grades. The Commission on Disabilities reached consensus that a viewing area along the pathway to the Obelisk would suffice. Also, if the Board approves, there would be a viewing area/gathering space on Clarke Street for the Belfry. Mr. Pato thanked the Commission on Disabilities for working with staff on accessibility matters. Mr. Pinsonnault noted that the Commission acknowledged the grades are not easy for even the fully-ailed but the viewing areas, particularly for the Belfry, will be an improvement. Ms. Hai said it would be good to include visuals from the top of the Belfry on the information kiosk/interpretive signs on Clarke Street. Resident Lisa Sheffler, asked if the evergreen on the Battle Green that is decorated every holiday season will be removed. Mr. Pinsonnault and Ms. McKenna said that tree will remain but no new evergreens will be planted. Upon motion duly made and seconded, the Board of Selectmen voted 5­0 to authorize staff to restore the Hayes Fountain at the base of the Minuteman Statue on the Battle Green to a working fountain and further to authorize staff to establish the ADA accessible viewing area for the Belfry on Clarke Street. Review of New Fire Station and Le Mike Cronin, Director of Facilities; and,lon Himmel, Chair of the Permanent Building Committee, provided overviews of both projects. John Wilson, Fire Chief, Derek Bride, Engineer Services consultant; and,leff McElravy, Architect, were also present. New Fire Station: Mr. Cronin noted several design objectives for both the new Fire Station and the LCP. They should be solar.-ready, have all.-electric designs, and be "resilient" to function and protect building assets in the case of power outages. The Fire Station, as a Level One building, must remain operational at all times whereas LCP need only remain structurally secure. The Fire Station would require a diesel generator that could run for three days minimum during an outage. Mr. Cronin asked the Selectmen to consider using natural gas, instead of electricity, on a non.-emergency basis to heat the apparatus bay floor slab, Selectmen—July 9, 2018 Page 16 of 20 saying that opting to do so would decrease the size of the generator from 600kW to 350kW and save $140,000 in equipment costs and $4,000 annually for operations. Mr. Pato said he appreciated the team's due diligence in reporting possible cost savings but, in his opinion, the amount is not enough to divert theTown from its "no fossil fuel" goal. Ms. Barry asked where the generator would be placed and how loud it would be. Mr. McElravy said, no matter which size, the generator would be located immediately behind the apparatus bay, next to the employee parking area, about 75 feet from the rear property line. The smaller capacity generator is 4 feet shorter. The generator will be enclosed but there will be some exhaust noise. Mr. McElravy is unaware of any other all-electric apparatus bay radiant floors. Ms. Ciccolo said she would like to adhere to the no fossil fuel goal; technology will continue to develop that will make all-electric buildings even more practical. Some of the emails she has received from the community have expressed surprise that the Fire Station would use any other energy source than electricity. She asked that the team choose the cleanest possible generator since the generator will have to be run once a week to ensure it is functional. Ms. Hai asked if natural gas or diesel options would be necessary if solar paneling is installed now. Ms. Cronin said a generator is needed for back-up no matter what, at least until solar power batteries become viable. Mark Sandeen, Chair of Sustainable Lexington, noted that although back-up generators are needed, solar-powered buildings after Hurricane Sandy used less diesel fuel to power generators. Jon Himmel, Pen-nanent Building Committee Chair, said the PBC did not make a unilateral decision about the back-up fuel to be used but many on the Committee oppose using electricity to heat the apparatus bay. The Committee thinks that 600 kW is an extremely large generator. Also, the large generator is not manufactured by many companies, limiting competitive pricing options. Chief Wilson said his job is to focus on the resiliency of the building and to plan for the worst.- case scenario. Given that, replacing a 600kW generator in a hurry is far harder than replacing a 350kW generator. He has no problem with the all-electric factor; it is the noise, size, and lack of resiliency he is most concerned with. Mr. Pato said the size difference between the two generators does not seem to be substantial. Mr. Cronin said it is 4 feet shorter and I foot narrower which he believes in not negligible. Ms. Ciccolo asked if there could be two 350kW generators rather then one 600kW. Mr. Bride said the team did consider this but two generators would require more space and upfront investment. Mr. Cronin said this would be an ideal solution in another circumstance where space was not as much of an issue. Mr. Sandeen said if resilience is the goal, two generators would be better than one and they were individually be less noisy. Low sulfur, low particulate, or biodiesel are also available fuels. Selectmen—July 9, 2018 Page 17 of 20 Ricki Pappo, Precinct 2Town Meeting member/Lexington GWAC, asked if a pipeline would need to be installed if natural gas is chosen as a fuel. Mr. Cronin said the gas main is already there. Ms. Pappo noted that the community has made a strong commitment to combat climate change and is under the impression that the new Fire Station is an all-electric building and this is what it should be. The Town is planning for the future, ahead of the solar storage technology curve. She was surprised to learn that the Hastings School has been designed with a back-up natural gas boiler. Ms. Barry stated that the Selectmen were also surprised to learn this. Mr. Cronin said this has always been the plan, although Hastings is otherwise an all-electric building. He noted that the back-up generator would have to be extremely large to keep all the geothermal well-fields warm enough to function in cold weather. Ms. Barry asked if the School Committee is aware of the natural gas boiler planned for the new Hastings School. Mr. Cronin said member of the School Committee attends PBC meetings and is sure to be aware. Mr. Himmel said, if the generator is downsized, redundancy could be achieved by having a mobile second generator. Mr. Pato said Sustainable Lexington has recommended a mobile generator for some time. Mr. Lucente asked why diesel is recommended for the back-up generator. Mr. Bride said that natural gas can be affected by earthquakes or other disruptions. Maintenance costs and lack of competitive pricing make dual fuel a less viable alternative. Chief Wilson said, although regulations recommend it, the floor may not need to be heated continuously because it retains its heat for some time. A protocol to power down low priority equipment would mean the need for the larger generator is less likely. Mr. Lucente and Mr. Pato said this point is very important; they are now comfortable staying with the all-electric option. Ms. Hai said she would like to pursue the idea of using two generators rather then one. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to authorize all-electric for the heating of the new Fire Station apparatus floor. 1,,exin ao�nChildren',s�Place: Ms. Ciccolo recused herself from the Lexington Children's Place discussion as her parents' home is adjacent to the LCP property. Mr. Cronin said the LCP design is, and will remain, all-electric. The building has three distinct sections: two classroom wings with an administrative hub between them. From an asset protection standpoint, the currently planned generator will be able to heat the two classroom wings to 60 degrees and keep the administrative area above freezing. The new proposal would add a $6,000 natural gas manifold/element to the VRF system to heat the administrative area and additional divert heat to the classroom wings so that classes could be held. Ms. Barry asked if Mr. Cronin has brought this proposal to the School Committee. Mr. Cronin said he intends to but the Permanent Building Committee felt it appropriate to get Selectmen feedback first. Selectmen—July 9, 2018 Page 18 of 20 Mr. Lucente said he is unsure why the building systems need to be able to raise the heat since school would probably be closed in such an emergency. Mr. Cronin reported that every school building has the capacity to be warm enough for classes during a power outage. If power is lost during school hours, students are kept at school. Building set point temperatures of 67 degrees will fall quickly if heat is cut off. Mr. Lucente said he is not as concerned with LLP since the schedule is partial day and the building will be new and well-insulated. Mr. Cronin cited the young age and developmental challenges of the LLP population. Mr. Lucente said he did not see the urgency to add the natural gas element. Mr. Pato said he believes building operations only requires part of the kilowatt capacity. The DiNisco team replied that the reason the gas system is being recommended is because the VRF system is "delicate"; if snow covered, it can stop working. It runs constantly, is prone to breaking down, and is not as robust as gas. The $6,000 investment seems reasonable and gas would only be used in an emergency. Mr. Pato questioned why all three sections of the building would not be of concern if VRF systems have problems under these conditions. Also, frigid temperatures often cause school cancellations and temperatures do not commonly plummet midday. 'The DiNisco team clarified that the gas element would serve all wings. Mr. Cronin said, from a Facilities stand point, the proposal is about asset protection more than about students. At the high school, a couple of the building sections froze because the VRF system failed due to cold temperatures and wind. Mr. Lucente said his experience is that VRF systems do struggle on occasion but the instances are infrequent. He does not see the value adding gas at LLP because the building is not planned to be used as an emergency shelter. Ms. Hai agreed that LCP's scheduling makes it less likely that children will be present for great lengths of time during emergency circumstances. The generator that keeps the building at"asset protection" level seems sufficient. Mark Sandeen, Sustainable Lexington, said that the heat pump system will function down to .-18 degrees. There have been two days in the last 60 years when Lexington has reached this temperature. 'Two instances when temperature reached .-13 degrees occurred at 2 a.m. and 5 a.m., when the building would not be occupied. The average coldest temperature of the year is about 5 degrees. This temperature is within system function range. Jon Himmel, Permanent Building Committee, asked how much would be spent on a service call for the building if systems were to freeze. Mr. Cronin said it would easily surpass $6,000. Mr. Himmel said, although it would mean introducing fossil fuels to the site, $6,000 is a relatively inexpensive insurance policy. Ms. Hai said she prefers not to extend the'T'own's reliance on fossil fuels but she believes Mr. Himmel raises a valid point. Mr. Pato said he strongly believes theTown needs to abandon fossil fuels but having gas in the short term might be advisable. He is not prepared, however, to make this decision tonight. Ms. DiNisco said the project bid is on the street now but it is possible to add the element at a later date for a separate expenditure. Mr. Pato said he is very concerned that this is the first time he's heard about the gas concept and he is further troubled that the Selectmen Selectmen—July 9, 2018 Page 19 of 20 did not know, until tonight, about the Hastings School's gas boiler emergency back-up. The Board and the School Committee have voted repeatedly for all-electric buildings. Mr. Lucente and Ms. Barry concurred with Mr. Pato's concerns. Ms. Barry said she is further troubled that the issue came before the Selectmen before reaching the School Committee and it is complicated by the fact that the School Committee is not expected to meet until August. The DiNisco team said the project out to bid includes the gas element but that can be removed at a later date. Ms. Barry expressed surprise and concern that this is the case. She said the Board would defer a decision on this proposal until after the School Committee and the new Superintendent have had a chance to discuss the issue. A two-minute recess was called. The meeting reconvened at 11 :35 p.m. Discuss Pgjet�t�a� S�ec�a� 'T"own eet�ng_)Karrant Articles Ms. Barry said that there are currently 18 items anticipated for fall Special Town Meeting, although several re-zoning applications have not yet filed and several articles may be deferred to Annual Town Meeting. If all four re-zoning articles move forward, they alone could take a minimum of 2 nights. The Board preliminarily discussed deferments, such as Appropriate for Automatic Meter Reading Equipment and Firing Range Schematic Design Funding. Other possible deferments included Appropriate for Municipal Facilities Master Plan, Lease Land from the Historical Society, and Appropriate for Westview Cemetery Building. Ms. Hai said she would prefer to keep the Firing Range appropriation in sync with the Police Station project. Ms. Barry asked Ms. Axtell to reorder the list: "definite", "probable" "possible deferral." Mr. Pato said if the rezoning articles don't materialize, he would prefer to take on some of the deferrals so that Annual Town Meeting is not overloaded. Selectmen.—Committee App. .ointments/Rea.nointments/Resi �,qations -----------p Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Rita Pandey to theTown Celebrations Sub.-Committee for a one.-year term expiring May 30, 2019. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Dan K.oret7 to the Noise Advisory Committee for a three.-year term to expire September 30, 2020 Upon motion duly made and seconded, the Board of Selectmen voted 4-0 re-appoint Michelle Ciccolo to MAGIC for a one.-year term expiring on June 30, 2019. Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the resignation of:John Frey from theTree Committee. The Board extended its thanks to Mr. Frey for his service to theTown. The Board is being asked to fill two open Associate Member positions on the Historic Districts Commission: the unexpired associate member term of Donna Hooper ending December 31, 2019 and the unexpired associate member term of Paul 0' Shaunessy ending December 31. 201& Selectmen—July 9, 2018 Page 20 of 20 Upon motion duly made and seconded, the Board of Selectmen voted 5­0 to appoint Susan Bennett to fill the unexpired term ending December 31, 2019 and Mark Connor to fill the unexpired term ending December 31, 2018 as Associate Members of the Historic Districts Commission. Executive Sessions: Exg�.tion�61nt�erest in�Reql_l_-,stqtg Upon motion duly made and by roll call, the Board of Selectmen voted 5­0 to enter Executive Session at 11 :51 p.m. under Exemption 6: Interest in Real Estate. It was declared that an open meeting discussion may have a detrimental effect on the bargaining position of the 'Town. A second Executive Session followed, as noted below. Association, Su�.erior�Qffic�ers RWIding Maintenance and Public Works Unions Ms. Barry was recused from the discussion of Exemption 6 because her husband is employed by the 'Town. Upon motion duly made and by roll call, the Board of Selectmen voted 4­0 to enter Executive Session under Exemption 3: Collective Bargaining Updates-----Lexington Lexington Police Association Superior Officers, Building Maintenance and Public Works unions and to reconvene in Open Session only to adjourn. It was declared that an open meeting discussion may have a detrimental effect on the bargaining position of the 'Town. Ad'ourn L_ Upon motion duly made and seconded, the Board of Selection voted 4­0 to adjourn at 12:30 p.m. A to record; Attest: Kim Siebert Recording Secretary