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SELECTMEN'S MEETING
October 5, 1992
A regular meeting of the Board of Selectmen was held on
Monday, October 5, 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.
Ryan, Acting Town Manager; and Mrs. Peters, Executive Clerk, were
present.
7: 3 UB I C HEA B S N E I CAN COMP NY MERS N R]
ADAMS , STREET
Mrs. Smith opened the meeting by saying that the public
hearing was being held on a petition, plans, and order for a grant
of location for conduit to be installed at Emerson Road.
Edward Chisholm representing Boston Edison explained that the work
was necessary to provide service to 97 Adams Street.
Mrs. Smith noted a memorandum, dated September 18, 1992 from
Richard Spiers, Director of public Works/Engineering, recommending
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 approve
the petition, plan, and order for a grant of location for conduit
to be installed at Emerson Road.
7 *35 PoMo UB IC HEARING L --.--.. DQSTON EDISON COMPANY ND LL ROAD
Mrs. Smith opened the meeting by saying that the public
hearing was being held on a petition, plans and order for a grant
of location for conduit to be installed in Kendall Road.
Edward Chisholm, representing Boston Edison, said that the
work is necessary to provide service to 108 Kendall Road.
Mrs. Smith noted a memorandum, dated September 31, 1992 from
Richard Spiers, Director of Public Works /Engineering, recommending
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 approve
the petition, plans and order for a grant of location for conduit
to be installed in Kendall Road.
Mr. Eddison asked and Mr. Chisholm agreed to provide the
Board with Boston Edison's policy in writing on the trimming of
trees in public right -of -ways,
7:40 P.M. PUBLIC HEARING. NEW ENGLAND TELEPHONE COMPANY. ALLEN
STREET AND WALTHAM STREET
Mrs. Smith opened the meeting by saying that the public
hearing was being held on the petition, plans and order for a
grant of location of pole and anchor guys to be installed on Allen
Street and Waltham Street,
Minutes for the Meeting of October 5, 1993
pow
Robert Boudreau, representing New England Telephone, said
that the work is necessary to brace leaning poles on Waltham
Street.
Mrs. Smith noted a memorandum, dated September 25, 1992 from
Richard Spiers, Director of Public works /Engineering, recommending
that approval be granted with the restriction that the double
poles on Poles 82 and 81 be removed within 30 days after installa-
tion of the new pole, the guys and the wire transfer.
There were no comments or questions from the Board. Mrs.
Vera Crone, 634 Waltham Street, asked if the guy wire would be on
the grassy area and was told that it would be. Following this,
Mrs. Smith declared the hearing closed.
Upon motion duly made and seconded, it was voted to approve
the petition, plans and order for a grant of location of pole and
anchor guys to be installed on Allen Street and Waltham Street,
with the restriction that the double poles on Poles 82 and 81 be
removed within 30 days after installation of the new pole, the
guys and the wire transfer.
Mr. Eddison asked and Mr. Boudreau agreed to provide the
Board with New England Telephone's written policy on the trimming
of trees in public right-of-ways,
FIRE E RTM NT UP12ATE OF REPORT RECOMMENDATIONS
Fire Chief John Bergeron reported on the steps (summarized
P ow below) the fire department is or will be taking to implement Mr.
Gants' recommendations relating to training, supervision, commu-
nications, written procedures, Enhanced 911 and a combined fire /-
police dispatcher center (numbers coincide with the numbered Gants
Recommendations)
3. Two full -time dispatchers and one part -time dispatcher will
take first responder training (first aid and cardiopulmonary
resuscitation) at a course tentatively scheduled to be held in
Waltham, and if this does not materialize the course will be
conducted in-house;
4. Fire department dispatchers have been instructed on how to
handle calls where an address or phone number is not received.
510 The development of a formal training program for new dis-
patchers, addressed in part by the State Enhanced 911, is antici-
pated to be available in January 1993.
6. Hearing tests of dispatchers are on- going.
7. Selection of a person to be responsible for training all fire
and police dispatchers will be done in the near future.
8. Training of existing dispatchers is in process. Several
outside training classes have been attended including the Emer-
gency Medical Dispatch (EMD) system which provides emergency
information to callers from the dispatcher so that the caller
might administer medical assistance to the victim prior to the
arrival of the Fire Department emergency response team.
POW 94 Issues relating to part - -time dispatchers will be addressed
within the next month.
10. Formal training sessions will be required of all part -time
dispatchers.
11. New England Telephone advises that they are actively working
to provide training for dispatchers; some being done through the
State's E911 efforts.
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Minutes for the Meeting of October 5, 1992
3
12. Shift commanders are now reviewing journal entries and inci-
dent reports, and also are conducting periodic reviews of recorded
calls.
13. The Chief is meeting with full -time dispatchers on a regular
basis, and is holding similar meetings with the senior staff and
the leadership of the firefighters' union.
14. Written procedures for the combined dispatcher center will be
included in the Town's plan, to be filed with the state by July
1993.
15. All dispatchers and officers have been instructed that all
calls, where there is a question, must be referred to the shift
commander, or in his absence, the senior person in the station.
18. The Town is still waiting for telephone company information
on the availability of caller ID as an interim step before the
installation of Enhanced 911.
17. The street address data base for the Town's Enhanced 911
system is completed. The Fire and Police 911 Committee is working
to complete the plan for submittal to the state for its approval.
Mr. Bergeron noted the Board's invitation to Senator Havern
and the Executive Director of Enhanced 911 to its November 2 meet-
ing, and said that he hoped to have the plan ready for that meet-
ing. In response to Mrs. Smith's comment that 1995 was not soon
enough for the implementation of Enhanced 911, Mr. Bergeron said
that it may be sooner than that.
18. Development of a combined dispatch center is moving forward.
An architect is developing a list of specifications and costs for
the physical renovations of the police station with costs of
radio and other communications equipment being calculated.
19. Appointment of a supervisory civilian supervisor will be done
when the center is completed.
20. The Enhanced 911 System includes provisions for tape record-
ing equipment. This equipment will be provided by the telephone
company.
Mr. Marshall noted and it was confirmed that all calls to the
fire department are now traced.
Mrs. Smith thanked the Chief for his thorough report and
commented that implementation of the Gants Report seemed to be
moving swiftly ahead, for which the Board was very grateful.
At Mrs. Smith's invitation, Mr. Bergeron reported on the Fire
Department's very successful open house at the center fire sta-
tion.
CONSENT AGEND
CGMMITTMENTS
Upon motion duly made and seconded, it was voted to approve
committment of the following charges.
a. Commitment of water Charges -- Sept. 1992 $4,110.99
(final bills )
Commitment of Sewer Charges - Sept. 1992 $5 9 328.85
(final bills)
Commitment of Street [opening Permits $500000
Boston Gas - 8/31/92
Minutes for the Meeting of October 5, 1992
4
ABATE MENTS
Upon motion duly made and seconded, it was voted to approve
the following abatements
b. Abatements: Water, Sewer & Demand 8/18/92 $201.80
Water, Sewer & Demand 10/4/92 $8,718.80
CHANQEOF N G SWEET
Mrs. Smith read the petition of Eddie's of Lexington, Inc.,
d /b /a Sweet Peppers, 20 Waltham Street, for Change of Manager
under its Common Victualler Liquor License from Nancy M. Jigarjian
to Edward N. Jigarjian.
Mrs. Smith noted Chief Furdon's favorable recommendation on
the appointment of Mr. Jigarjian as Manager. There were no ques-
tions or comments from the audience,
Upon motion duly made and seconded, it was voted to approve
the petition of Eddie's of Lexington, Inc., d /b /a Sweet Peppers,
for Change of Manager from Nancy Me Jigarjian to Edward N . Jigar-
jian under its Common victualler Liquor License.
:00 .M. C N NUE U IC HEARING: NSF ER OF
LICENSE
Mrs. Smith declared the continued public hearing open and, in
response to a question, noted that a public stenographer was
present. She added that there would be ample opportunity for
•• questions from the audience following questions from the Board and
the Committee.
Joining the Board were Caleb Warner, Chairman of the Cable Tv
Advisory Committee (CATV), with Committee members, Theodore Mair -
son, John Cunha, Martha Stanton and Julian Bussgang. Representing
Cablevision were: Jay Somers, Asst. General Mgr. A-R Cable Corp.,
Sheila Mahony and Barry O'Leary vice Presidents of both Cablevi-
sion Systems Corp. and A -R Cable Corp.; Penny Contos, Genera.
Manager, Cablevision; and Marti Green, Corporate Counsel for
Cablevision.
Mr. Warner asked and was granted permission to proceed with
new questions, contained in a memo from the CATV Committee dated
October 5, that the Board received at this meeting and the Cable-
vision representatives received at 1;30 p.m. today. Mrs. Smith
noted that this was the Selectmen's hearing and the Board would
decide how it wished to proceed following the Committee's presen-
tation and the question period.
In response to a question from the ComEmittee Ms. Green said
that the applicant will conform to criteria mandated under Massa-
chusetts Law for the transfer or change of control of the cable
license. She added that the same people will continue to manage
Cablevision in the same manner as was done previously, and that
they expect to be held accountable at all times for their manage-
ment of Cablevision.
In response to another question from the Committee Ms. Green
said that they intend to make no changes in the filing they have
made to the State of Massachusetts.
Mr Warner reported that the Committee recommends that the
hearing be again continued and the Town await the applicant's
response to additional questions being addressed by the Town of
Bedford, prepared regarding the applicant's request for license
Minutes for the Meeting of October 5, 1992
M
and those
transfer in Bedford, since many of the questions o be
' q g y
asked by Lexington to date.
Mrs. Smith thought and there was general agreement by the
Board, that the hearing should be completed at the Selectmen's
meeting of October 19. Mr. McSweeney and Mr. Dailey noted that
they wished to hear answers to the Bedford questions but agreed
that the hearing should conclude on October 19.
Ms. Mahony commented that she did not see how waiting for
Bedford's answers would streamline the Lexington hearing process.
She added that it was not clear why Lexington needed the answers
to Bedford's questions, but that Cablevision representatives, some
up from New York tonight, were here to answer any questions the
Committee or the board might have. Mr. warner responded that the
Committee was not prepared to ask additional questions tonight.
Mr. Marshall commented they needed a recommendation from the
committee on the transfer, not more questions.
In response to a question from Mr. Warner, Mr. Dailey said
that he thought that, thanks to the intensive efforts by the CATV"'
Committee, there was accord between the Town and Cablevision as to
what the Town should get in the way of service equipment from
Cablevision. He expressed concern that if Cablevision finances
were not appropriate, very substantial rate increases could be
expected if they did not get the returns anticipated. He referred
to the 4% per year rate increase limit that Cablevision had prom-
ised. He added that based on this, he was prepared to vote in
favor of the transfer at this time. Mr. O'Leary noted this was a
projection not a promise.
A discussion followed as to what effect the override of the
presidential veto of the Cable Regulation Bill by Congress would
have on the cable industry.
More discussion followed on the rate of return as related to
the setting of rates that can be expected by cablevision; guide-
lines that will be promulgated by the'FCC; the Bedford questions;
and what physical "enhancements" can be expected by Lexington.
Ms. Green stated that Cablevision was prepared to honor all
its previous franchise obligations both before and after the
initial Form 100 was received by the Town on June 1, 1992, but did
not feel that this hearing was meant to be a forum in which new
franchise obligations are generated.
Mr. O'Leary presented a projection of expected earnings in
the future for the future and background information on which the
projections were based.
Mr. Marshall asked what would happen if the Town did not
approve the transfer, noting that more attention should be paid as
to what would happen to cable service in Lexington if the transfer
was disapproved. Mr. O'Leary noted that the financial situation
for Cablevision would probably worsen. Ms. Mahony said Cablevi-
sion would honor its contractual obligations to Lexington. Mr.
Marshall asked if the Town would be better off with or without the
transfer and thought this is the question that the Committee and
the Town should consider.
Mr. Bussgang asked several questions relating to matters from
the last meeting that needed clarification, which Cablevision
answered.
Minutes for the Meeting of October 5, 1992
5
upon motion duly made and seconded, it was voted to postpone
i a decision on the transfer and continue the public hearing to the
Board's meeting on October 19, 1992 at around 7:30 p.m. when a
recommendation from the Cable Advisory Television Committee on the
transfer should be available. Mrs. Smith asked that any recommen-
dations from the Committee be in the hands of the Board by Friday,
October 15, 1993.
MEETING SCHEDULE
The Board agreed to schedule meetings for the following dates
at 7:30 p.me in the Selectmen's Meeting Room:
Mondays, November 2, 15, and 30, 1992; and
Mondays, December 14 and 29, 1992.
MINUTES
Upon motion duly made and seconded, it was voted to approve
the minutes for the meeting of September 31, 1993, as written.
Upon motion duly made and seconded, it was voted to approve
the Executive Session minutes for September 31, 1993, as written.
REAPPOINTMENT TO LEXHAB
Upon motion duly made and seconded, it was voted to extend
the reappointment of Marian Reilly from September 30, 1992 to
December 5, 1992, when the Board will act on the annual Committee
appointments /reappointments for LexHAB.
ANNUAL COMMITTEE POINTMENTS
Upon motion duly made and seconded, it was voted to approve
appointments and reappointments to the following committees,
boards and commissions.
C BLE TV AND COMMUNICA I NS "VISORY CCMMI 3 year terra
exp. 9/3€3/95
Julian J. Bussgang, reappointment 2 Forest Street
CONDOMINIUM CONY R I0N Bt]A 3 year term exp. 9/30/95
Diane T. Lund, reappointment 23 Nickerson Road
Thomas Gouzoule, reappointment 55 Emerson Gardens
DESIGN ADVISORY COMMITTEE 1 year term
Richard Bechtel, reappointment
Kerry Brandin, reappointment
Thomas Coffman, reappointment
John Frey, reappointment
Steven Hurley, reappointment
Barbara Hulsizer, reappointment
Margaret D. Read, reappointment
John Vinton, reappointment
Elizabeth Whitman, reappointment
exp. 9/30/93
15 Lake Street
117 Shade Street
31 Lincoln Street
1133 Mass. Avenue
70 Reed Street
3 Battleview Circle
33 Barberry Road.
11 Leonard Road
5 Hancock Avenue
own
FAIR COO T E 1 year term, exp. 9/30/93
Florence A. Baturin, reappointment 11 Alcott Road
James R. Brannon, reappointment 3$0 Lowell Street
Peter Brown, reappointment VP, Lexington
Savings Bank
Minutes for the Meeting of October 5, 1992
Mary Haskell, reappointment 5 Trotting Horse
Drive
Nicole T. Herrmann, reappointment 28 Tyler Road
Leona Martin, reappointment 19 Thoreau Road
Robert Pressmen, reappointment 22 Locust Avenue
Gerri C. Weathers, reappointment 14 Drummer Boy Way
FENCE VIEWERS 1 year term, exp. 9/30/93
Martin A. Gilman, reappointment 20 Capt. Parker Arms
*21
William H. Sullivan, reappointment 14 Milk Street
GAMMEL . LEGACY TRUST 1 year term, exp. 9/30/93
Elizabeth M. Flynn, reappointment, 310 Concord Avenue
Leona W. Martin, reappointment, 84 Marrett Road
HUMAN _SFkRV I CEE.,. COMM I T
3 year term, exp-9/30/95
Renee Cochin, reappointment 7 Partridge Road
Eva S. Click, reappointment 11 Russell Road
Ruth J. Liberman, appointment 490 Waltham Street
2 years exp.9 /30/94
Eva Ha.vas, appointment 41 Valleyfield Road
LEXINQION CENTER 3 year term,
F. David Wells, reappointment
Steven Hurley, reappointment
Judith Uhrig, reappointment
Lester Savage appointment
exp. 9/30/95
58 Prospect Hill
Road
70 Reed Street
15 Fine Brook Road
21 Fletcher Avenue
POLICE MANUAL POLICY COMMITTE 1 year term exp. 9/30/93
William J. Dailey, Jr., reappointment 1 Bushnell Drive
Edith E. Flynn, reappointment 32 Watertown Street
Chief Paul Furdon, reappointment Lex. Police Dept.
William C. Hays, reappointment 39 Locust Avenue
Gerald L. McLeod, reappointment 71 Spring Street
TRAFFIC SAFETY VIS RY C MMIT 1 year term exp. 9/30/93
Eric T. Clarke, reappointment 29 Moon Hill road
Paul E. Furdon, Ch. Police, reappmnt. Lex. Police Dept,
Myla Kabat -Zinn, reappointment 58 Oak Street
Capt. James Kilmartin, reappointment Lex. Police Dept.
William F. Mix, reappointment 153 Grove Street
Robert P. Trask, reappointment 217 Waltham Street
TRUSTEES OF PUBLIC TRUSI 8 year term exp. 9/30/98
Alan Fields, reappointment 10 Marshall Road
■! R CCOONS TRAS
The Board discussed with Acting Town Manager Ryan a memoran-
dum from George Smith, Director of Public Health dated 9/29/92,
that reported two cases of raccoon rabies have been confirmed in
central Massachusetts. The memo added that these occurrences make
rabies a real threat in this state; that the Town has a thriving
7
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Minutes for the Meeting of October 5, 1992 S
raccoon population; and common sense precautions would be the best
defense against Rabies. It asked that the Board give serious
consideration to changing the u es o Cu s'de Rubb's Collec-
tion which allow garbage /rubbish to be placed at curbside over-
night, and said that should rabies appear in Lexington or the
immediate environs, a ban against putting rubbish out over- -night
would be a necessity, considering the Town's over - population of
raccoons.
Mr. Ryan asked the Board supported the recommendations of the
Health Director that householders not put trash out the naught
before if at all possible. The Board also agreed with a sugges-
tion from Mr. Marshall to put a note in the next mailing of water
bills asking that if it is at all possible, not to put trash out
the night before .
MINUTEMAN COMMUTER BIDE -AY
Mr. Eddison directed the Board's attention to three mementos
that were presented to him on behalf of the Town at the opening of
the Commuter Bikeway in Arlington on Saturday: a framed Designa-
tion of the Minuteman Bikeway as one of America's First 500 Rail -
Trails; an "Enjoy Outdoors America Award" from the US Department
of Interior; and a souvenir railroad spike with a brass plaque
from the pre -- existing rail line that was replaced by the Bikeway.
Mrs. Smith expressed appreciation for all of Mr. Eddison' s efforts
and leadership in bringing the Bikeway to completion.
,EXECUTIVE SESSI N
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 interests of the town, with no intent to resume open
session.
Upon motion duly made and seconded, it was voted to adjourn
at 10:00 p.m.
A true record, Attest
lxto
Sara I. Peters
Executive Clerk