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HomeMy WebLinkAbout1992-10-BOS-min owe 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: 30 P.M. PUBLIC HEARING. BOSTON EDISON COMPANY. EMERSON ROAD AT 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 mint 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 P.M. PUBLIC HEARING. BOSTON EDISON COMPANY. KENDALL 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 21 , 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 Kendell 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 Pim 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. f Minutes for the Meeting of October 5 , 1992 2 omit 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 DEPARTMENT UPDATE OF THE GANTS REPORT RECOMMENDATIONS Fire Chief John Bergeron reported on the steps ( summarized ,on 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. 5 . 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. 9. 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. Minutes for the Meeting of October 5 , 1992 3 12. Shift commanders are now reviewing journal inci- dent entries and inc i 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. 16. 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. rft 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 AGENDA COMMITTMENTS 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 ,326.86 (final bills) Commitment of Street Opening Permits $500.00 a Boston Gas - 8/31/92 .. (\1/4,_ Minutes for the Meeting of October 5 , 1992 4 ABATEMENTS 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 $6, 718.80 CHANGE OF MANAGER: SWEET PEPPERS RESTAURANT 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 M. Jigarjian to Edward N. Jigar- jian under its Common Victualler Liquor License. 8:00 P.M. CONTINUED PUBLIC HEARING: TRANSFIR OF LEXINGTON CATV 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, General 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 Committee, 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 V Minutes for the Meeting of October 5 , 1992111.1 5 transfer in Bedford, since many of thequestionsgo beyond those 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 6 ."''" Upon motion duly made and seconded, it was voted to postpone 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 16, 1992 . MEETING SCHEDULE The Board agreed to schedule meetings for the following dates at 7 : 30 p.m. in the Selectmen's Meeting Room: Mondays, November 2, 16, and 30, 1992; and Mondays, December 14 and 28, 1992. MINUTES Upon motion duly made and seconded, it was voted to approve the minutes for the meeting of September 21 , 1992 , as written. Upon motion duly made and seconded, it was voted to approve the Executive Session minutes for September 21 , 1992 , 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 mos appointments/reappointments for LexHAB. ANNUAL COMMITTEE APPOINTMENTS Upon motion duly made and seconded, it was voted to approve appointments and reappointments to the following committees, boards and commissions. CABLE TV AND COMMUNICATIONS ADVISORY COMMITTEE 3 year term exp. 9/30/95 Julian J. Bussgang, reappointment 2 Forest Street CONDOMINIUM CONVERSION BOARD 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 exp. 9/30/93 Richard Bechtel , reappointment 16 Lake Street Kerry Brandin, reappointment 117 Shade Street Thomas Coffman, reappointment 31 Lincoln Street John Frey, reappointment 1133 Mass. Avenue Steven Hurley, reappointment 70 Reed Street Barbara Hulsizer, reappointment 2 Battleview Circle Margaret D. Read, reappointment 33 Barberry Road John Vinton, reappointment 11 Leonard Road Elizabeth Whitman, reappointment 5 Hancock Avenue own FAIR HOUSING COMMITTEE 1 year term, exp. 9/30/93 Florence A. Baturin, reappointment 11 Alcott Road James R. Brannon, reappointment 380 Lowell Street Peter Brown, reappointment VP, Lexington Savings Bank Minutes for the Meeting of October 5, 1992 7 Mary Haskell , reappointment 6 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, 64 Marrett Road HUMAN SERVICES COMMITTEE 3 year term, exp. 9/30/95 Renee Cochin, reappointment 7 Partridge Road Eva S. Glick, reappointment 11 Russell Road Ruth J. Liberman, appointment 490 Waltham Street 2 years exp.9/30/94 Eva Havas, appointment 41 Valleyfield Road LEXINGTON CENTER COMMITTEE 3 year term, exp. 9/30/95 } F. David Wells, reappointment 58 Prospect Hill Road Steven Hurley, reappointment 70 Reed Street Judith Uhrig, reappointment 15 Vine Brook Road Lester Savage, appointment 21 Fletcher Avenue POLICE MANUAL POLICY COMMITTEE 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 ADVISORY COMMITTEE 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 TRUST 6 year term exp. 9/30/98 Alan Fields, reappointment 10 Marshall Road RACCOONS/TRASH 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 ,23 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 Rules for Curbside Rubbish 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 night 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. MINUTE MAN COMMUTER BIKEWAY 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. Polo EXECUTIVE SESSION 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 (fAJ Sara I . Peters Executive Clerk