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HomeMy WebLinkAbout1992-08-BOS-min SELECTMEN' S MEETING August 10 , 1992 A regular meeting of the Board of Selectmen was held on Monday, August 10, 1992 , in the Selectmen' s Meeting Room, Town Office Building, at 7 : 30 p.m. Chairman Smith, Mr. Marshall , Mr. Eddison, Mr. McSweeney; Mr Cohen, Town Counsel ; Mr. White, Town Manager; Ms . Radway, Assistant Town Manager; and Mrs. Peters, Executive Clerk, were present . MINUTES Upon motion duly made and seconded, it was voted to approve the minutes for the meeting of June 29 , 1992 , as written. Upon motion duly made and seconded, it was voted to approve the minutes for the meeting of July 13 , 1992 , as written. EXECUTIVE SESSION MINUTES Upon motion duly made and seconded, it was voted to approve the executive session minutes for the meetings of June 29 and July 13 , 1992 , as written. APPOINTMENTS Upon motion duly made and seconded, it was voted to approve the appointment of Marian Reilley to LexHAB for a term of office to expire September 1 , 1992 . WARRANT FOR THE STATE PRIMARY Upon motion duly made and seconded, it was voted to sign the Warrant for the State Primary Election to be held on September 15 , 1992 . SCHEDULE OF MEETINGS Upon motion duly made and seconded, it was voted to schedule meetings for September 14 and 21 , 1992 and October 5 and 19 , 1992. MINUTE MAN COMMUTER BIKEWAY COMMITTEE MEETING Mr. Eddison reported that approximately 35 to 40 people attended the meeting, held August 6, 1992 , in the Selectmen' s Meeting Room. He characterized the meeting as very successful , with excellent staff support from Chief Furdon, and Messrs. Field and Spiers. He noted the participation, enthusiasm and support of the audience. Mr. Eddison recommended that the work of the Committee be reorganized to address more current needs of the bikeway, which are its operation and maintenance. He stressed the immediate Fmk need for user education including creating rules for its use, and the promotion of Bikeway courtesy. Safety measures to minimize traffic friction and collisions with the use of signage and/or some sort of stripping on the road surface at intersections of the Bikeway with town streets were also discussed. Minutes for the Meeting of August 10, 1992 2 Oima Mr. Eddison reported that the Committee discussed using police bike patrols; allowing access for emergency vehicles; informational signs to points of interest; access to conservation land; additional landscaping; bike racks and use of a Bikeway logo; and the need for citizen volunteers to assist the Town in monitoring and maintaining a safe and attractive Bikeway. Mr. Eddison added that Bedford' s proposal to bring its water supply through Lexington along the Bikeway has prompted the two Towns to agree to co-sponsor a study by Camp, Dresser and McKee of the feasibility of carrying Bedford' s peak water needs through Lexington' s piping with whatever upgrading would appear to be necessary. Mr. Eddison noted that the Engineering Department has worked out a revision to the Meriam Street parking lot layout so that the passage of the Bikeway through the lot will result in no reduction in the number of existing parking -spaces. Mr. Eddison also reported that it is expected that the Bikeway will be completed by the end of the construction season; and that opening ceremonies will be held on October 3 , 1992 in Arlington. He added that the meeting also discussed holding separate and/or related ceremonies in Lexington. The next meeting of the Bikeway Committee will be held September 10 , 1992 . TOWN CLERK - PRECINCT BOUNDARIES Town Clerk Bernice Fallick presented a proposed redistrict- ing plan revising Town precinct boundaries so that each pre- cinct' s population is within 5% of the average precinct popula- tion of the Town, as required by State law. She noted that the Board' s approval is required before submission can be made to the Secretary of State' s Office. Mrs. Fallick explained that current law creates the local voting precincts by using the general population figures from the April 1 , 1990 Federal Census. Under current law each new pre- cinct must be compact and contiguous; must coincide with federal census block boundaries such as center-lines of streets or other well-defined boundaries such as streams or other bodies of water, railroad tracks, power lines or other clearly visible geographic figures; may contain no more than 4 ,000 residents; and unregis- tered institutional populations ( i .e . nursing homes ) must be excluded from the count . Mrs. Fallick reported that Town Clerks and the Election Division of the Secretary of State' s Office, along with the Local Election Districts Review Commission (LEDRC) and a number of Representatives and Senators have been working for passage of H3355 which would allow unregistered voters in institutional facilities to be counted. Legislative failure to act on the Pan passage of H3355 has left the LEDRC with no alternative but to urge submission of plans based on present statutes. Mrs. Fallick requested that the Board of Selectmen vote to accept the current plan so that it then can be sent to LEDRC for its approval . She added that once a determination has been made by the legislative Minutes for the Meeting of August 10 , 1992 process as to deadlines for implementation, the Board of Select- men will need to vote at the local level , probably some time in 1994 . Mr. Marshall suggested the plan be published in advance with some sort of shading of areas along precinct boundary lines that have changed with the redistricting. He also expressed reluc- tance to approve the preliminary plan at this stage. The Board agreed to postpone any decision on the redistrict- ing plan until the method of counting unregistered institutional populations has been determined by the State legislative process. TOWN BY-LAW AMENDMENT Chief Furdon reported that a Town By-Law amendment was needed to establish the right to allow police patrol of sidewalks or bikeway on motorized vehicles including the sidewalk snow plow. He noted the police propose to have a bicycle patrol of the Bikeway. He proposed that DPW maintenance, police patrol or fire rescue vehicles be exempted from the existing Town By-Law exclusion of motorized vehicles on the Bikeway and Walkways. Mr. Eddison noted that the Town' s lease from the MBTA makes the Town responsible for the maintenance of the Bikeway. It was the sense of the Board that an amendment to the General By-Laws should go forward to the FY93 Town Meeting exempting DPW maintenance, police patrol and fire rescue motor- ized vehicles from the motorized vehicle ban on walkways and bikeways as follows: To amend the first sentence of Section 7 . of ARTICLE XXV, of the GENERAL BY-LAWS, as follows: "Except as hereinafter provided, no person shall use or operate on any sidewalk, or independent bicycle path any motorized vehicle, except a wheelchair, maintenance vehicles and police or fire emergency or patrol vehicles. " ( second and third paragraphs to remain as enacted. ) CONSENT AGENDA BATTLE GREEN GUIDES Upon motion duly made and seconded, it was voted to appoint the following as Battle Green Guides for a term to expire on June 30, 1993 : Caleb Neelon 23 Meriam Street Delilah Clement 368 Massachusetts Avenue Kevin Owren 56 Sherburne Road Paul Karger 210 Emerson Road Elizabeth Perlman 10 Minola Road John Passarini 303 Lowell Street P•mt, Lowell Ladd 15 Pine Knoll Road Ariane M. A. Liazos 72 Bow Street Minutes for the Meeting of August 10, 1992 4 ram APPOINTMENTS. ELECTION WORKERS Upon motion duly made and seconded, it was voted to appoint 47 Democratic Election Workers and 38 Republican Election Workers for terms of office to expire on August 15 , 1993 . COMMITTMENTS Upon motion duly made and seconded, it was voted to approve committment of the following charges and abatements: Committment of Water Charges for the period $43 ,454 . 52 ending June 14 , 1992 Committment of Water Charges for July 1992 $114 , 506 . 35 (cycle 9 bills) Committment of Sewer Charges for the period $230 . 11 ending July 14 , 1992 (add. commit. to June 1992 billing ) Committment of Water Charges for the period $3 ,097 . 96 ending July 15 & 16 1992 (add. commit. to June 1992 bills ) Committment of Sewer Charges for the period $4 , 914 . 35 ending July 15 & 16 1992 (add. commit. to June 1992 bills Committment of Street Opening Permits $340 .00 Boston Gas Company Boston Edison Company Abatements: Water, Sewer & Demand, 6/16/92 $2 , 555 . 70 Abatements: Water, Sewer, 7/22/92 $5 , 508 . 69 LIMOUSINE LICENSE. SHPILNER Upon motion duly made and seconded, it was voted to approve the application of Marc Shpilner for renewal of Limousine Licen- ses for Limousine Eighteen, Ltd. , 18 Fairland Street , for four vehicles. THEATER LICENSES Upon motion duly made and seconded it was voted to approve weekday and Sunday Theater Licenses for Cinema I and Cinema II , 1794 Massachusetts Avenue to expire on September 1 , 1993 . STATE ANTICIPATION NOTES The Board noted a memo dated August 10 , 1992 , from Maureen B. Valente, Revenue Officer, reporting that the Town has borrowed $290, 000 in anticipation of a grant award from the State for a road project. Upon motion duly made and seconded it was voted to sign four notes for this amount, as well as the Clerk' s Certificate and letter approving delivery instructions . POST SYMPOSIUM TASK FORCE Mr. White reported that he has recently received a list of all of the issues raised during the symposium on Lexington Finances that was held in November 1991 . He said that several recommendations were made regarding consolidation, employee I Minutes for the Meeting of August 10, 1992 5 benefits , and privatization that he would like to pursue , and thought it would be useful if he could create a task force made up of representatives from the original sponsors of the Symposium to help inform the public of efforts and plans to implement some of the recommendations made at last year' s symposium. He asked for the Board' s support in forming such a task force. The Board agreed that it supported the creation of a Task Force as described by Mr. White . SELECTMEN' S RULES & REGULATIONS - CEMETERIES The Board reviewed a memo from Warren Monsignore , Superin- tendent of the Cemetery Division of the Public Works Department asking that the Selectmen amend their rules and regulations regarding dogs on cemetery property. Mr. White noted that there have been several complaints from citizens regarding dogs in the cemetery and he felt that Superin- tendent Monsignore' s suggestion for amending the rules and regulations was a good one. Upon motion duly made and seconded it was voted 3-1 (Mr. Marshall voted in the negative) to revise the Selectmen' s Rules & Regulations to prohibit dogs from the cemeteries either on or off a leash. 41111. CONTRACT AWARD CONTRACT 91-10 Mr. White reported that five sealed bids were received and opened on July 16 , 1992 for relining water mains on Winter Street, Smith Street and Hancock Avenue. A memo from Richard E. Spiers, dated July 16 , 1992 recommended the contract be awarded to C.J.P. & Son' s Construction Company of Millis , MA for the low bid price of $176 , 010 . Upon motion duly made and seconded, it was voted to award Contract 91-10 to G.J.P. & Son' s Construction Company of Millis, MA for the low bid price of $176 , 010 . FY-94 STREET ACCEPTANCE PROCEDURE The Board reviewed a memo from Town Engineer Frank Fields, dated July 13 , 1992 , providing a Time Sequence for the FY 94 Street Acceptance procedure . Upon motion duly made and seconded, it was voted to accept the schedule outlined in the memo. APPOINTMENT TO LEXINGTON YOUTH COMMISSION The Board discussed the recommendation of Mr. White that Brian Spencer, a Lexington police officer, be appointed to the Lexington Youth Commission. Mr. White noted that Officer Spencer is currently the D.A.R.E. officer, has the respect of the youth in Lexington, and should be a welcome addition to the Youth Commission. The Board agreed he was an outstanding person. r- Upon motion duly made and seconded, it was voted to approve Town Manager' s appointment of Brian the To n M g pp Spencer to the Youth Commission. 0 Minutes for the Meeting of August 10 , 1992 6 RESIGNATION OF THE ASSISTANT TOWN MANAGER Mr. White said it was with mixed emotions that he announced the resignation of Deborah Radway, Assistant Town Manager, who has accepted the position of Executive Secretary in Montague, Massachusetts , effective the end of August. Mrs . Smith commented that it always is a bittersweet moment when someone who has served the Town well moves up, and added that she would be missed. EXECUTIVE SESSION Upon motion duly made and seconded, it was voted 4-0 by roll call vote: Mrs. Smith, Mr. Eddison, Mr. Marshall and Mr. McSwee- ney, to go into executive session for discussion of matters of litigation, the disclosure of which might adversely affect the interests of the town with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 9: 12 p.m. A true record, Attest 64-4.4Joi 6i114 ons Sara I . Peters Executive Clerk ' f,: ir .11 k V1( F SELECTMEN' S MEETING August 24 , 1992 A regular meeting of the Board of Selectmen was held on Monday, August 24 , 1992 , in the Selectmen' s Meeting Room, Town Office Building, at 7 : 30 p.m. Chairman Smith, Mr. Dailey, Mr. McSweeney; Mr Cohen, Town Counsel ; Mr. White , Town Manager; Ms. Radway, Assistant Town Manager; and Mrs. Peters, Executive Clerk, were present . 7 : 30 P.M. PUBLIC HEARING: BOSTON EDISON Company. Mrs. Smith opened the meeting by saying that the public hearing was being held on a petition of Boston Edison Company for a grant of location for 20 feet of conduit in Bedford Street southerly opposite Simonds Road. Mr. Edward Chisholm, representing Boston Edison, said that the work is to provide electric service to a control box. There were no comments or questions from the Board or the audience, and Mrs. Smith declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the grant of location for 20 feet of conduit in Bedford Street southerly Pow opposite Simonds Road. 7 : 35 P.M. PUBLIC HEARING: BOSTON EDISON/NEW ENGLAND TELEPHONE Mrs . Smith opened the meeting by saying that the public hearing was being held on a petition of New England Telephone and Boston Edison for permission to erect a pole on Utica Street. Mr. Robert Boudreau, representing New England Telephone, said that the work is necessary to provide electric service to #19 Utica Street . There were no comments or questions from the Board or the audience , and Mrs . Smith declared the hearing closed. Upon motion duly made and seconded, it was voted to grant permission to erect a pole on Utica Street approximately four feet north of Dunham Street on the easterly side of the road. REGIONAL POSTAL FACILITIES Town Manager White briefly outlined the meetings that have occurred since Judge Young , United States District Court, granted the Postal Service ' s motion for summary judgement, which Lexington and Waltham are appealing . Mr. White reported that representatives from Waltham, Lexington and the Postal Services have been meeting with former Chief Justice Hennessey, who was appointed to serve as a court appointed mediator by the United States District Court , to attempt to negotiate a Pao settlement addressing the traffic and environmental concerns of Waltham and Lexington. Mr. white said that Judge Hennessey has indicated that the chances of winning the appeal brought by Lexing- ton and Waltham are not good. Mr. White said that Judge Hennessey recommended that a proposal for a direct access ramp off Route 128 , which had been deemed unworkable by federal engineers , be re-examined. Mr. White added Minutes for the Meeting of August 24 , 1992 2 pow that further discussions had produced several plans, one of which would be discussed tonight. He thought that this plan dealt with most of Lexington' s concerns, and that it was in the Town' s best interests to consider this proposal . He added that the plan still needs environmental and traffic review, but conceptually, it should keep large trucks off Lexington Streets. Mr. White introduced Mary Elizabeth Carmody, from the United States Attorney' s office representing the Postal Service, who dis- cussed the plan. Before Ms . Carmody spoke, Mrs . Smith noted that this was an information meeting, and explained that the process was to hear the presentation from the Postal Service , which would be followed by questions from the Board and questions and comments from the audi- ence. She added that no decisions would be made tonight . Ms . Carmody introduced other Postal Service personnel who have been working on the regional postal facility proposal . She reported that the Negative Order of Conditions issued by the Waltham Conser- vation Commission has been appealed, and that work is proceeding fairly on schedule, with a projected opening date of February 1994 for the 86 million dollar facility. Ms. Carmody presented the plan showing a direct access road from Trapelo Road to the site , bridging existing wetlands. The Postal Service thinks this road could eliminate the need for large postal trucks to use the Smith Street/Trapelo Road intersection (presently rated LOS "F" ) and Lexington Streets. She added that the Pim elimination of the "South Drive" off Smith Street into the site is being considered ( although it may be needed during the construction stage ) if the direct access road is approved. Ms . Carmody explained that , as part of his decision, Judge Young will monitor and retain jurisdiction of the project during construction, under a consent judgement that was issued when the original plan was approved. In response to questions from the Board, representatives for the Postal Service said that mail service in Lexington and Waltham would probably be improved; that all traffic improvements would be completed before the building became operational ; that the traffic routes of construction vehicles would depend on the timing of the permitting process ; that the "North Drive" would remain unchanged to accommodate cars and postal carrier trucks; and that there would be no change in Lexington' s Post Office on Massachusetts Avenue . Ms . Carmody said that construction trucks will not be permitted to use Lexington Streets, or go north of the South Drive on Smith Street , and added that the Postal Service would be willing to include this in the Memorandum of Understanding. Mr. Richard Canale, a 29 Shade Street resident and president of the South Lexington Civic Association, asked if the Memorandum of Understanding was legally binding , and was told that it was. He commented that traffic was not the only problem and referred to the concerns of the Waltham Conservation Commission and to the disrup- PENA tion of adjoining neighborhoods in both towns. Alan Wade , 524 Concord Avenue , questioned whether the federal government could not be convinced to change its position against any direct access from Route 128 into the postal site and asked that Postal Service representatives appeal the federal government' s / Minutes for the Meeting of August 24 , 1992 3 Pas refusal to consider a direct access from Route 128 , which he said could be done through what is called an exception procedure. Ms. Carmody responded that the Federal government would only accept an appeal through the exception procedure if the State Highway Depart- ment recommended that the appeal be considered, and that the State had said that they would not make such a recommendation. In response to questions from Mrs . Marjorie Madoff, 29 Normandy Road, postal representatives said there would be approximately 1700 daily trips in and out of the facility, and that plans for improving the Trapelo Road/Smith Street intersection would depend on whether there would be a direct access road to the facility from Trapelo Road. Concerns from other residents focused on problems with control- ling trucking routes ; noise and light disturbance to neighborhood residents especially during the night , since the facility will operate 24 hours a day. Waltham' s Councillor Michael Squillante said that he appre- ciated the spirit of cooperation between Waltham and Lexington, and asked whether the proposed road would interfere with existing power lines, and how many trucks of fill would be required to build the direct access road off Trapelo Road. Mrs. Smith thanked everyone for attending and noted again that no decisions would be made tonight. Piss CONSENT AGENDA LIMOUSINE LICENSES Upon motion duly made and seconded, it was voted to approve the application for and to sign four licenses for Joseph' s Limousine Service , Inc . ( LEXPRESS ) USE OF THE BATTLE GREEN Upon motion duly made and seconded, it was voted to approve the use of the Battle Green by the Lexington Minute Men on October 4 , 1992 from 2 : 00 p.m. to 3 : 00 p.m. for the public installation of officers . ONE DAY AUCTIONEERS LICENSE Upon motion duly made and seconded, it was voted to approve the application and to sign a One Day Auctioneers License for J/G Enter- prises, Inc . , Joel H. Greenstein, President, to conduct a real estate foreclosure auction at Lot #2 , 57 Meriam Street, on August 28 , 1992 at 1 p.m. PROCLAMATION Upon motion duly made and seconded, it was voted to sign a proclamation declaring the week of September 17 through 23 as Constitution Week. BATTLE GREEN GUIDE Upon motion duly made and seconded, it was voted to appoint David Lin, 8 Circle Road, as a Battle Green Guide for a term to expire on June 30 , 1993 . R/( Minutes for the Meeting of August 24 , 1992 4 Jim COMMITTMENTS Upon motion duly made and seconded it was voted to approve committment of the following charges: Committment of Water Charges - August $129 ,437 . 02 1992 (cycle 9 bills ) Committment of Water Charges - July & $617 . 47 August 1992 ( final bills) Committment of Sewer Charges - July & $841 . 20 August 1992 ( final bills) ABATEMENTS Upon motion duly made and seconded, it was voted to approve the following abatements: Abatements : Water, Sewer & Demand, 8/12/92 $5 , 834 . 13 MINUTES The Board agreed to review the minutes for the meeting of August 10 and the executive session minutes for August 10 , 1992 at its next meeting. PUBLIC HEARING: TRANSFER OF LEXINGTON CATV LICENSE Mrs. Smith opened the Cable License Transfer Hearing by saying that Lexington Board of Selectmen, as the license issuing authority, will consider the desirability of approving the requested transfer of license . She added that no decisions would be made tonight , and oft invited Mr. McSweeney, Selectmen liaison to the Cable Television and Advisory Committee, to make an opening statement. Mr. McSweeney reported that the Town issued the Lexington Cable TV License to Adams-Russell Company Inc . in August 1981 , and that the license is to operate the system for 15 years, i .e . until 1996 ; that the Adams-Russell Co . was acquired by Cablevision Systems Corporation in 1987 , and the Board then approved the transfer of the license to Cablevision Systems Corporation, who since then, have controlled and operated the Lexington franchise through its subsid- iary called A-R Cable Services , Inc. He added that on June 1 , 1992 , A-R Cable Services , Inc . filed an Application for Transfer because of an impending change of control of the company. He added that this transfer is the subject of the hearing tonight Mr. McSweeney said that notice of the this hearing was duly published in the Lexington Minuteman on August 6 and on August 13 , 1992 . and cablecast on the Community Bulletin Board Cable Channel B7 in the Lexington area. He added that the hearing would be recorded on tape for official record, and if at any point the tape runs out , we will stop the hearing until the tape is changed. Mr. McSweeney introduced Ms . Sheila Mahoney, Vice-President , Government Relations and Public Affairs , Cablevision Systems Corpo- ration (CSC ) , who explained that the transfer of license was neces- sary because there had been a financial restructuring of A-R Cable Services, Inc . (ARC ) which involves a transfer of control , but which Cablevision considers a restructuring. She said that there would be Pia no change in the management, policies or operation as a result of this restructuring . Barry O' Leary, a financial officer for CSC, further explained that the financial restructuring had occurred because the company had concerns about liquidity and servicing its debt and had acquired /,5- Minutes ,Minutes for the Meeting of August 24 , 1992 5 Oft a new financial partner, Warburg , Pincus Investors, L.P. He added that this infusion of new financing would ensure continuity of service and normalize financial problems. Mrs . Smith introduced Lexington CATV Committee member, Julian Bussgang representing the Committee . He praised the CATV Committee for all of its hard work in preparing for this hearing. He then directed a series of questions to Ms. Mahoney, Mr. O'Leary, and Mr. Somers, the first of which was who they represented at this hearing. Mrs. Mahoney answered that they were officers of CSC, but were authorized to represent Warburg , Pincus also. Other questions dealt with: 1 ) who these questions were addressed to at the hearing , with it being noted by the Committee that most questions were addressed to ARC as Applicant; 2 ) whether the Applicant assumed responsibility and reaffirmed prior understandings and committments made to the Town by all previous corporate bodies beginning with Adams-Russell and continuing through ARC up to the June 1 , 1992 agreement; 3 ) the impact of the transfer on subscriber rates and commercial rates; 4 ) whether any change in the joint control Warburg/CSC agreement signed February 12 , 1992 will constitute a change of control necessitating another transfer; and 4 ) the validity of current financial projections and the financial qualifications of the transferee. Pas Mr. Bussgang thanked CSC for its cooperation in discussing the questions prior to the hearing to facilitate his presentation, and again thanked the Committee for its work. Mr. Dailey asked if the applicant was prepared to assume all responsibilities and obligations made by previous owners of the license beginning with Adams-Russell . Ms. Mahoney responded she could not say they were prepared to assume responsibilities they might not know about; and Mr. Dailey responded it was her responsi- bility to be aware of what they were and that he was loath to approve any transfer of license without a this committment . Ms. Mahoney said they were prepared to accept responsibility for all committments the law might require them to take. Mr. Dailey also asked if the company' s projections for sales from discretionary service did not meet expectations would the price of the services to Lexington residents go up. Mr. O'Leary replied that the best minds of the and industry anticipate that the average increase in Lexington subscribers' rates should be no higher than 4%. In response to questions from Mr. McSweeney Ms. Mahoney said that Warburg , Pincus had no interest becoming involved in the management of CSC; that its role was that of an investor only. Committee Member Martha Stanton, asked for and received assur- ances that as originally promised by Adams-Russell , the Town would have the use a top quality color studio, a $50 , 000 annual operating budget and adequate staffing for the development of moo local programming. Also in response to questions, it was reported that converter replacement is scheduled to begin January 1993 . Mr. White noted for a long time the Police Department has been interested in setting up a Law Enforcement Television Network Satel- 1c.; Minutes for the Meeting of August 24 , 1992 6 tomm lite program and that Cablevision has been very helpful in getting this in place. He added that it would save the Town approximately $10 , 000 a year in insurance. He cited this as another example of the cooperation that the Town has received from Cablevision. The Board agreed to continue the Hearing until September 21 , 1992 at 8 P.M. in the Selectmen' s Meeting Room. COMMUNITY REINVESTMENT ACT (CRA) COMMITTEE The Board discussed a proposal , contained in a memorandum, dated June 22 , 1992 to establish a Community Reinvestment Act Committee, that was prepared by Laura Dorfman, a Vice President of the Lexington Savings Bank. The memorandum says that the CRA Committee would be designed to pool resources available in Lexington in order to enhance the avail- ability of affordable housing in the area and to facilitate the ability of local banks to comply with the Community Reinvestment Act. It was proposed that the committee be comprised of sixteen individuals involved in various aspects of the real estate industry. The Board directed Mr. White to develop a charge for the Committee based on Ms. Dorfman' s memorandum. Mr. Dailey asked that the charge give special attention to affordable housing for Town employees, and he volunteered to help in the preparation of the charge . ., MUZZEY HIGH CONDO ASSOCIATION ASSESSMENT The Board reviewed a memorandum from Linda Crew Vine , Executive Director, Council on Aging, to Mr. White reporting that the Senior Center/Town is being assessed $1 , 706 . 00 as its share of $35 , 000 assessed to cover the cost of repair/maintenance to the building. Mrs. Vine proposed that the Senior Center pay its share from the COA budget under line item R&L Building Minor. GIFT OF LAND Upon motion duly made and seconded it was voted to accept a parcel of land from R & T Development Corporation consisting of . 49 acres in the Carriage Drive Subdivision. EXECUTIVE SESSION Upon motion duly made and seconded, it was voted 3-0 by roll call vote : Mrs. Smith, Mr. Dailey and Mr. McSweeney, to go into executive session for discussion of matters of collective bargain- ing, the disclosure of which might adversely affect the interests of the town with no intent to resume open session. Upon motion duly made and seconded, it was voted to adjourn at 10: 37 p.m. A true record, Attest 2 4/1/e\' PPD:Ae Sara I . Peters Executive Clerk 4 ; POMO SELECTMEN' S MEETING August 31 , 1992 A regular meeting of the Board of Selectmen was held on Monday, August 31 , 1992 , in the Selectmen' s Meeting Room, Town Office Building , at 7 : 30 p.m. Chairman Smith, Mr. Marshall , Mr. Dailey, Mr. McSweeney; Mr Cohen, Town Counsel; Mr. White, Town Manager; and Mrs. Peters , Executive Clerk, were present. MANAGER' S ADMINISTRATIVE REVIEW, EMS OPERATION - DEMPSEY CASE Mrs. Smith announced that the only major item on the Board' s agenda tonight was its meeting with the Town Manager to discuss and finalize plans for a full administrative review of the Town' s involvement in the tragic death of Kathleen Dempsey. Mrs. Smith expressed the sympathies of all , whether elected officials or staff members , to "Kathleen' s family and friends in these hours of devastating loss" . Mrs. Smith added that it was the Board' s responsibility to review and fully understand the steps taken and to be taken by the Town in responding to this crime, and to assure all Lexington citizens that the procedures in place now and in the future are adequate to protect residents if an emergency arises. She called mem the special meeting tonight the first step in this process . Mrs . Smith hoped that it would be kept in mind that "Lexing- ton' s Public Safety personnel have responded in an exemplary fashion to countless emergencies - saving lives , reassuring distressed victims of accidents or those needing emergency medical services" . Mrs . Smith concluded by saying that the Board was "unani- mously behind" the Town Manager' s desire to conduct a full admin- istrative investigation of this matter. Mr. White outlined a scope and schedule for his administra- tive inquiry into the Town' s Emergency Medical Service response in connection with Kathleen Dempsey' s murder. He emphasized that the Town' s hearts , thoughts and prayers went out to her family and friends , and said that he knew the Lexington and State Police Departments as well as the District Attorney' s office will continue to work diligently to bring her murderer to justice . Mr. White said that it appeared that the EMS team did not perform when Kathleen Dempsey placed an operator assisted call to the Lexington Fire Department , and that he would like to be able to know what happened. He added that a truthful examination of these events is the only way to restore the community' s faith in the Town' s emergency medical services and in the public employees who perform these and other municipal services. To help in the review, Mr. White reported that he has woe appointed Attorney Ralph D. Gants of the Boston law firm of Palmer & Dodge to lead the administrative inquiry. Mr. White noted that Mr. Gants has been with Palmer & Dodge since September 1991 and has an impeccable reputation as an investigator and prosecutor, and that from October 1983 to August 1991 , he served as Assistant United States Attorney and Chief of the U. S. Attorn- ey' s Public Corruption Division. Minutes for the Meeting of August 31 , 1992 2 Mr. White outlined the objectives of the investigation, which he hoped would limit the likelihood of another apparent breakdown in the Town' s Emergency Medical response: 1 . To discover what happened at the Fire Station when Kathleen Dempsey made an operator assisted call to the Lexington Fire/- Ambulance Emergency telephone line on Sunday morning, August 23 ; 2 . To take whatever administrative action necessary once the facts have been established; and 3 . To implement or recommend improvements in procedures or operations, if warranted. Mr. White said he believed this inquiry could be completed in time for him to report to the Board at its regularly scheduled meeting on Monday, September 21 , 1992 , and that Attorney Gants and he have scheduled a series of investigative interviews for Tuesday, Wednesday and Thursday of this week. He reported that longstanding issues such as combined dispatching , full-time, twenty-four hour supervision at the Fire Station, privatization of the ambulance service and police/fire public safety coordination will be re-examined and discussed as part of this inquiry. Mr. White said that if disciplinary actions or improvements to operations are warranted, they will be implemented immediately if possible , and recommended for future action if not , and that Attorney Gants and he were more than willing to answer any pona questions regarding this administrative inquiry. Mrs . Smith thanked the Town Manager for his statement , and read the following letter to the Selectmen from Mr. Raymond Dempsey, Kathleen Dempsey' s father, who had requested it be read at this meeting : "August 31 , 1992 Board of Selectmen Lexington, MA I would request that this letter be read at the Board' s Meeting this evening . Lexington holds a special place in the memory of most Americans as the birthplace of our country. The story of the brave actions of the Minutemen is well known. It is time for Lexington to take a leadership position once again and move the issue of statewide adoption of the enhanced 911 emergency number. Your voice in support of this important legislation would be heard far better than most voices in the state capital . If, from the tragedy that occurred to my daughter, Kathy, someone else can be saved because the 911 system is installed expedi- tiously, then Lexington will have acted bravely once more . Sincerely, Raymond J. Dempsey Minutes for the Meeting of August 31 , 1992 3 PENN cc : William Weld, Governor of Massachusetts Sen. Thomas Norton" Mrs. Smith noted that there was no question that the Board would respond positively to Mr. Dempsey' s request . She reported that the E911 legislation had passed in 1990 , and that it was the Board' s understanding that the system would not be operational until calendar year 1994 . She added that the Board will work with the Massachusetts Municipal Association and the Town' s state legislators , Representative Doran and Senator Havern, to speed this process and result in a quicker implementation date . On the motion of Mr. Dailey, duly seconded, it was voted unanimously to approve the following resolution: That in the spirit of Mr. Dempsey' s letter and based on the Board' s own responsibilities , it be resolved that the Board as a body urge its State officials to implement the E911 system, without delay. Mrs. Smith said she would convey all of this to Mr. Dempsey tomorrow. She then explained that the question period of the meeting would proceed with questions to Mr. White and Mr. Gants, first from the Board, followed by questions from the audience . Dr. Miriam Bar-Yam, 19 Jordan Road, Brookline, spoke of the death of her daughter last year in Lincoln in a drowning acci- dent. She said that the reason she and her husband Professor Zvi Bar-Yam were present was that they were very interested in working for the improvement of public safety procedures in Massachusetts towns. She commended Lexington for appointing an "outside" investigative lawyer to conduct the inquiry. She asked if this was the time for all towns to work together to improve the training and conduct of dispatchers. Mr. White responded that in the next few weeks the inquiry would be examining what training has been provided to the dis- patcher in comparison to what is provided elsewhere. He noted that the dispatcher had been trained and was determined to be competent. Professor Zvi Bar-Yam commented that 911 was very important to the public safety process , but the responses to emergencies made by dispatchers were also very important, and he hoped that people would not think that E911 would solve these problems. Nancy Bryant, a Lexington resident, noted that the press coverage had been directed towards the dispatcher' s conduct and not as much to his supervisor, who she had heard would not be examined. She did not want to see the dispatcher made the scapegoat for the whole situation. Mr. White responded that a primary objective of the investi- gation will be an examination of all who were at the Fire Sta- tion, as well as those responsible for their actions , whether directly or indirectly involved. Upon motion duly made and seconded, it was voted to support 'w"'"' the Town Managers investigative proposal as outlined by him this evening and to bring in outside council . j Minutes for the Meeting of August 31 , 1992 4 imomm MINUTES Upon motion duly made and seconded, it was voted 3-0--1 (Mr. Dailey abstained as he did not attend the meeting ) to approve the minutes for the meeting of August 10 , 1992 , as written. Upon motion duly made and seconded, it was voted 3-0-1 (Mr. Dailey abstained as he did not attend the executive session) to approve the Executive Session minutes for August 10 , 1992 , as written. CONSENT AGENDA TRAFFIC ITEM, HARRINGTON ROAD AND BEDFORD STREET Upon motion duly made and seconded, it was voted to refer a letter, dated August 10, 1992 from Mr. Alfred B. Gschwendtner, 1 Harrington Road, expressing safety concerns about the corner of Harrington Road and Bedford Street to the Traffic Safety Advisory Committee for review and recommendation. COMMITTMENTS Upon motion duly made and seconded, it was voted to approve the committment of the following charges: Street Opening Permits 8/31/92 Boston Gas Co. $125 . 15 N.E. Telephone Co. $25 . 00 Pita Boston Edison Co. $30 . 25 ABATEMENTS Upon motion duly made and seconded, it was voted to approve the following abatements: Water, Sewer & Demand 8/26/92 $3 , 583 . 87 Water, Sewer & Demand 8/28/92 $845 . 10 Upon motion duly made and seconded, it was voted to adjourn at 8 : 20 p.m. A true record attest: Sa,A4A, 4y Sara I . Peters Executive Clerk