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HomeMy WebLinkAbout1992-09-BOS-min / rm. SELECTMEN' S MEETING September 21 , 1992 A regular meeting of the Board of Selectmen was held on Monday, September 21 , 1992 , in the Selectmen' s Meeting Room, Town Office Building , at 7 : 30 p.m. Chairman Smith, Mr. Marshall , Mr. Eddison, Mr. Dailey, Mr. McSweeney; Mr Cohen, Town Counsel ; Mr. White, Town Manager; and Mrs . Peters , Executive Clerk, were present . REORGANIZATION OF THE BOARD The Executive Clerk called for nominations for Chairman of the Board. Mrs . Smith was nominated. No other nominations were made , and nominations were de- clared closed. Upon motion duly made and seconded it was voted unanimously to elect Jacquelyn R. Smith to serve as Chairman of the Board of Selectmen for the upcoming year. Mrs . Smith expressed her gratitude for the opportunity to continue to serve as Chairman and for the opportunity to work with such a wonderful and supportive Board. 7: 30 p.m. CONTINUED PUBLIC HEARING, NEW ENGLAND TELEPHONE, WOBURN STREET, Mrs. Smith opened the meeting by saying that the public hearing was being held on a petition, plan, and order for permis- sion for four poles , presently owned by Boston Edison Company, to become jointly owned by Boston Edison Company and New England Telephone Company. A representative from New England Telephone explained that the petition would eliminate a dual pole line . In response to a question from Shirley Duggan, 123 Woburn Street, it was reported that the four poles would be eliminated from the even side of Woburn street opposite # 107 - 131 . Mrs . Smith noted a memorandum, dated August 26 , 1992 from Richard Spiers , Director of Public Works/Engineering , recom- mending that approval be granted. There were no comments or questions from the Board, and Mrs . Smith declared the hearing closed. Upon motion duly made and seconded, it was voted to approve the petition, plan, and order for permission for four poles , presently owned by Boston Edison Company, to become jointly owned by Boston Edison Company and New England Telephone Company. 7: 35 P. M. CONTINUED PUBLIC HEARING: BOSTON GAS CO. MAGUIRE ROAD Mrs . Smith opened the meeting by saying that the public hearing was being held on a petition, plan and order of Boston Gas Company for a grant of location to install 460 feet of 8-inch gas main in Maguire Road. Mr. Wayne Decker, representing the Boston Gas Company, said that the work is necessary to provide better service in the area by completing a tie-in of two dead end mains . Agenda for the Meeting of September 21 , 1992 2 Pm" Mrs . Smith noted a memorandum, dated August 26 , 1992 from Richard Spiers , Director of Public Works/Engineering, recom- mending that approval be granted. 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 for a grant of location to install 460 feet of 8--inch gas main in Maguire Road. EXECUTIVE SESSION At 7 : 43 p. m. , upon motion duly made and seconded, it was voted 5 - 0 by roll call vote, Mrs . Smith, Mr. Marshall , Mr. Eddison, Mr. Dailey and Mr. McSweeney, to go into Executive Session for discussion of matters of litigation, the disclosure of which might adversely affect the interest of the Town, with the intent to return to open session. At 8 : 15 p.m. it was voted to return to open session. 8 : 00 P.M. CONTINUED PUBLIC HEARING: TRANSFER OF LEXINGTON CATV LICENSE Mrs . Smith announced that the Lexington CATV Communications and Advisory Committee and Cablevision representatives had asked that tonight ' s scheduled continued hearing be continued to the Selectmen' s next meeting, October 5 , 1992 at 8 : 00 p.m. Upon motion duly made and seconded it was voted to continue the hearing to October 5 , 1992 at 8 : 00 p.m. in the Selectmen' s Meeting Room. REPORT ON THE TOWN MANAGER' S ADMINISTRATIVE REVIEW OF THE EMS OPERATION IN CONNECTION WITH THE DEMPSEY CASE. Mrs . Smith noted that three weeks have passed since the Town met to start a process which continues tonight, that of dealing with the tragic circumstances surrounding the death of Kathleen Dempsey. She added that a committment had been made at that meeting to conduct an independent investigation of the circum- stances surrounding Kathleen Dempsey' s call to the Town. She announced that the report has been completed, including recommen- dations on how to proceed in the future . Mrs . Smith asked that the audience listen and consider carefully the recommendations that are being made . She then turned the meeting over to Town Manager Richard White. Mr. White began by saying that at the Selectmen' s meeting on August 31 , he outlined a scope and schedule for an administrative inquiry into the Town' s emergency medical response in connection with Kathleen Dempsey' s murder on Sunday morning, August 23 . He added that the Lexington and State Police Departments as well as the District Attorney' s office continue to work diligently to bring Kathleen Dempsey' s murderer to justice , and that the Town' s hearts , thoughts and prayers continue to go out to Kathleen' s family and friends . Mr. White noted that the Town' s inability to perform was tragic , and that the only way to regain or sustain citizen' s Agenda for the Meeting of September 21 , 1992 3 confidence would be to search for the truth regarding the Town' s performance and to present it without qualification. In an attempt to achieve this goal , he had appointed Attorney Ralph D. Gants of the Boston law firm of Palmer & Dodge to conduct the administrative inquiry. He reported that his charge to Mr. Gants was threefold: 1 . To find out what happened that morning; 2 . To propose administrative action, if warranted, based upon findings of fact ; 3 . To examine the existing operation of the town' s emer- gency dispatch systems and recommend improvements, if warranted; and to submit the report in time for the Board' s meeting this evening. Mr. White added that he hoped that the report and the Town' s efforts in the future would go a long way in convincing Lexington citizens that the Town intends to build upon its long history of public service excellence . Mr. White said that he accepted and endorsed Mr. Gants ' report and that Mr. Gants will present his report tonight. Mr. White noted that the report provides the Town with a series of recommendations , and that he has wholeheartedly accepted and endorsed recommendations 3 through 20 , but that he must refrain from commenting either positively or negatively on personnel actions cited in recommendations 1 and 2 since personnel/discip- linary hearings will be scheduled for the week of October 19 to consider the personnel recommendations made in this report . He added that Dispatcher Robishaw and Captain Walton are entitled to a hearing and an opportunity to present evidence for the Town Manager to consider before any action is taken or endorsement made of the personnel section of the report . Mr. White introduced Mr. Gants who presented his report to the Board. Mr. Gants noted that he had been given complete independence to conduct this inquiry, and that he had been given a mandate to pursue the facts and to declare his findings in a public report . He said that the report contains 20 recommenda- tions which focus on 6 general areas where the Town can make improvements in its emergency response system. Mr. Gants spoke further on the six areas where improvements could be made: 1 . The need to respect dispatchers ' crucial role in emergency response ; 2 . The need to improve training, both of new dispatchers and by providing ongoing training of dispatchers ; 3 . The need for increased supervision of and communication with dispatchers ; 4 . The need to establish written procedures for handling i,,.,,,, emergency calls ; 5 . The need for improved dispatch equipment ; and 6 . The need for improved coordination with New England Tele- phone Company. Agenda for the Meeting of September 21 , 1992 4 Mr. Gants added that included in his report were recommenda- tions for the establishment of a combined police/fire dispatch center located in the Police Department to be opened as soon as practicable , whether or not Enhanced 911 has come to Lexington. In the combined dispatch center, he proposed creation of the position of a supervisory civilian dispatcher who , apart from his regular duties, would be responsible for dispatcher training ; the creation and application of written dispatch procedures ; and once the new center is established, the requirement that all emergency calls received should be recorded. Mr. Gants said that while Dispatcher Robishaw and Captain Walton must share responsibility for how this particular call for help was mishandled, there were other elements that helped to create a climate in the Lexington Fire Department where dispatch- ers were sometimes "treated as second class citizens" . He added that there must be better training for both police and fire personnel relating to this and dispatchers should be used on a regular basis or not at all . He outlined steps that could be taken to improve the dispatching process, as well as correcting attitudes that exist in the Fire Department detrimental to this process . Mr. Gants outlined the events of the morning of August 23 , 1992 as contained in the report, beginning with the call from Kathleen Dempsey at approximately 5 : 30 a.m. that morning . Note : The full text of this outline of events and the 20 recom- mendations for improvements of the Town' s emergency response system are contained in his "Report of the Administrative Inquiry Into the Lexington Fire Department' s Delayed Emergency Response to Kathleen Dempsey' s Call for Assistance" , which is on file in the Selectmen' s Office. Mr. Gants concluded by recommending that administrative proceedings be initiated against Dispatcher Robishaw, and that he should be dismissed if the findings of fact made following the administrative hearing mirror those made in his Report . He also recommended that administrative proceedings be initiated against Captain Walton and that administrative action in some form should be taken if the findings of fact made following the administra- tive hearing mirror those made in his Report . Mr. Gants again discussed the creation of a combined dis- patch center, saying it could serve as a model not only for the State but for the nation and would be a living memorial to the memory of Kathleen Dempsey. Mrs . Smith thanked Mr. Gants for his report and announced that Kathleen Dempsey' s mother, Mrs . Tobin, was present with her attorney, Mr. John Flood, and that they have asked to make a statement . ""R Mr. Flood expressed his displeasure over Mrs. Tobin being required to wait "in distress" until now for him to make a brief Agenda for the Meeting of September 21 , 1992 5 Pl"1 statement . He introduced Mrs . Tobin and Kathleen Dempsey ' s two brothers . He characterized the report as "interesting , thorough and fair" . He asked that the Town never lose sight of the fact that a wonderful human being is gone, and noted that the Town of Lexington can initiate reforms to its dispatch system, but that this is sadly too late for Kathleen Dempsey and her family. Mrs . Smith said she was very sorry that Mr. Flood took as a slight his having to wait to make a statement , on behalf of Mrs . Tobin and Kathleen Dempsey' s brothers . She added that the Board was glad the family was here tonight to hear what the Town is initiating to prevent this tragedy from ever happening again. She added that the Town of Lexington has not lost sight of the tragedy that happened to Kathleen Dempsey and her family, and she wanted to assure them that , as a tribute to her daughter and their sister, Kathleen Dempsey, the Town will do everything in its power to prevent this from ever happening again by working for the improvment of public safety procedures, not only in Lexington but •throughout the state , and the nation. Mr. White commented that Mr. Gants had provided a thoughtful and excellent plan for the future , and that he was committed to implement the recommendations identified in the report . He added that he would update the Board periodically on how the implemen- tation of Attorney Gants ' recommendations is proceeding . Mr. White anticipated that after an appropriation is ap- proved by Town Meeting to establish a combined dispatch center, all recommendations (with the possible exception of the implemen- tation of Enhanced 911 which the Town does not control ) will be completed by the summer of 1993 . Mr. White also said he planned to explore the feasibility regarding: 1 . Privatization of ambulance service ; 2 . Establishment of a standing engine company within the Fire Department ; 3 . Separation of the command staff from the firefighter collec- tive bargaining unit ; and 4 . Creating a consolidated public safety administration. Mr. White concluded by saying it was his committment to implement all the recommendations made in the report by Mr. Gants , and to do everything possible to minimize the likelihood of this ever happening again. Mrs. Smith thanked Mr. White and opened the meeting for questions from the Board and from the audience. Mr. Dailey noted that the Board had just received the Report this past Saturday and that he assumed (and was reassured by Mrs . Smith ) that the Board would have an opportunity to study the Report and then have further discussions as to how to implement the recommendations . Mr. Eddison expressed his deep regrets to the Dempsey family mom, and commented that he had benefitted from the very professional response of the Fire Department ' s Dispatchers and EMS when he had his heart attack two years ago. He felt that this tragedy was an aberration from the normally excellent service of the Fire co Agenda for the Meeting of September 21 , 1992 6 Pum Department . He added that the Town should move quickly to implement the recommendations in the Report so that a tragedy such as this can never happen again. Mr. White answered a question from the audience as to the availability of the Report by saying that it was available for review in the Library, the Town Managers Office , and the Fire Station, and may be purchased at 20 cents a page in the Town Manager' s office. Mr. Marshall concurred with Mr. Eddison' s remarks that a tragedy had occurred, and also cited personal experience with the professionalism of the Fire Department. He noted the Board is also conducting a process of understanding for themselves, and needs to learn from the report and to change procedures where necessary. Nancy Bryant , 33 Wachusett Drive , asked Mr. Gants , who provided answers, why Mr. Robishaw did not stay on the line; whether there had been any way to get the Ms. Dempsey' s address from New England Telephone; and if there was any procedure for review when shifts change in the Fire Department . Mr. Salvatore Abbedessa, 131 Woburn Street, asked why there were part time dispatchers. Mr. White noted there were four full time dispatchers , who were unavailable for that shift . rum CONSENT AGENDA ONE DAY LIQUOR LICENSES Upon motion duly made and seconded, it was voted to approve One Day Liquor Licenses requested by the Lexington Knights of Columbus for the following dates: 9/25 , 10/2 , 10/9 , 10/16 , 10/23 , and 10/30 , 1992 . Upon motion duly made and seconded, it was voted to approve One Day Liquor Licenses requested by the Lexington Elks for the following dates : 9/26 , 10/3 , 10/10 , and 10/17 , 1992 . COMMITTMENTS Upon motion duly made and seconded, it was voted to approve committment of the following charges: Committment of Water Charges - August 1992 $323 . 72 ( final bills) Committment of Sewer Charges - August 1992 $473 . 65 ( final bills ) Committment of Water Charges - August 1992 $450 . 52 ( final bills ) Committment of Sewer Charges - August 1992 $605 . 04 ( final bills ) Committment of Water Charges - Sept . 1992 $109 , 525 .00 ( cycle 9 bills ) Committment of Sewer Charges - Sept . 1992 $1 , 500 . 00 ( serv. rental Hanscom 3rd & 4th qtrs ) Committment of Water Charges - Sept . 8 , 1992 $880 . 58 ( final bills) Committment of Sewer Charges - Sept . 8 , 1992 $1 , 288 . 27 ( final bills ) 1 s{J Ay Agenda for the Meeting of September 21 , 1992 7 Pm MINUTES Upon motion duly made and seconded, it was voted 3-0-2 (Mr. Marshall and Mr. Eddison abstained as they had not attended the meeting ) to approve the minutes for the meeting of August 24 , 1992 , as written. Upon motion duly made and seconded, it was voted 4-0-1 (Mr. Eddison abstained as he had not attended the meeting ) to approve the minutes for the meeting of August 31 1992 , as written. Upon motion duly made and seconded, it was voted 3-0-2 ( Mr. Marshall and Mr. Eddison abstained as they had not attended the executive session) to approve the Executive Session minutes for August 24 , 1992 , as written. APPOINTMENT TO THE FAIR HOUSING COMMITTEE Upon motion duly made and seconded it was voted to approve the appointment of Nichole Herrmann to serve on the Fair Housing Committee , for a term to expire September 30 , 1993 . APPOINTMENTS TO THE MINUTEMAN COMMUTER BIKEWAY IMPLEMENTATION COMMITTEE Mr. Eddison proposed four new members for the Bikeway Committee . He said that the work of the committee had increased and there was a need for an expanded Committee to reorganize the Pont work, revise the charge, and address the many new issues that have arisen in connection with the pending completion of the Bikeway construction and the unanticipated and heavy use of the facility in its half completed state. Upon motion duly made and seconded, it was voted to approve the appointments of Thomas Fortmann, Marita Hartshorn, Robert Sawyer and Sandra Shaw, nominated by the Recreation Committee as its ex-officio representative on the Committee . RATIFY VOTES TAKEN BY TELEPHONE POLL Upon motion duly made and seconded, it was voted to ratify the votes taken by telephone approving the following: One Day Liquor License -- Lex. Knights of Columbus for 9/18/92 , One Day Liquor License -- Lex. Elks #2204 for 9/19/92 , and Proclamation -- "National Adult Day Care Center Week" . FIVE YEAR FORECAST Mr. White presented five year forecasts for 1994 through 1998 for the Board' s review. One forecast anticipated spending equivalent to past history; the other assumed an arbitrary 3% cap. He noted this information may be of value to the Board in providing a longer perspective as it begins work on next year' s budget . r Agenda for the Meeting of September 21 , 1992 8 rim APPOINTMENT OF ACTING TOWN MANAGER Mr. White reported that he will be out of Town from Septem- ber 24 , until October 11 , 1992 . Upon motion duly made and seconded, it was voted to approve the appointment of Comptroller John Ryan to serve as Acting Town Manager in Mr. White ' s absence . EXECUTIVE SESSION Upon motion duly made and seconded, it was voted 5 - 0 by roll call vote : Mrs. Smith, Mr. Eddison, Mr. Marshall , Mr. Dailey and Mr. McSweeney, 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 10 : 33 p.m. A true record, Attest atjA0 Sara I . Peters Executive Clerk