BOARD OF SELECTMEN

OCTOBER 12, 2004

REGULAR SESSION MINUTES

 APPROVED

 

Present:  George F. Dillon, Jr., Chair; Peter S. Cunningham, Vice Chair; John L. Saball, Clerk; Virginia C. Wood, Member (arrived at 7:05 p.m.); Robert W. Nordblom, Member; Administrative Officer Jean Kitchen and Kathleen Newell, Office Assistant.

 

The Meeting opened at 6:55 p.m.

 

Bruce Dubey, Transfer Station Supervisor RE:  Hiring of Michael Moore

Mr. Cunningham moved to approve the hiring of Michael Moore to the position of Heavy Equipment Operator effective October 27, 2004, contingent upon passing a physical.  Seconded by Mr. Saball.  4 in favor, 1 absent (Wood).

 

Public Hearing - Road Layout of Sawtell Drive

Planning Administrator Michelle Collette was present for this portion of the meeting.

 

Ms. Collette stated the Planning Board and Highway Surveyor had submitted to the Board of Selectmen a request to accept Sawtell Drive as a public way.  Ms. Collette explained that in November 2003 the Planning Board had reduced the bond from Cyril Lunn to Lewis Lunn and the developer had not requested acceptance by the Town as a public way, therefore the Planning Board and Highway Surveyor were respectfully requesting the Board of Selectmen layout the road in the absence of Mr. Lunn.

 

Mr. Dillon stated the Town had been maintaining Sawtell Drive as well as the other Road Layouts currently before the Board, which added a little over 1 mile to the Town roads.

 

Mr. Cunningham moved to open the public hearing at 7:02 p.m.  Seconded by Mr. Saball.  4 in favor, 1 absent (Wood).

 

[    X    ]           Read Legal Notice

                        Published October 1^st, Groton Herald

 

                        11 Certified Abutter Notification mailed on September 28, 2004

                        1 Return Receipts are outstanding.

 

[    X    ]           Query audience for support either written or in person.

 

[    X    ]           Query audience for objection either written or in person.

 

[    X    ]           Hearing Closed at 7:06 p.m.

 

**Ms. Wood arrived.

Mr. Cunningham moved to close the public hearing at 7:06 p.m.  Seconded by Mr. Saball.  4 in favor, 1 abstention (Wood).

 

Mr. Cunningham moved to approve the laying out of Sawtell Drive as a public way, as further described and shown on an As-Built Plan entitled As-Built Plan and Profile of Sawtell Drive, Caldwell Smith Subdivision in Groton, Mass. dated October 30, 2000, Revised June 18, 2001 and July 30, 2001 prepared for Cy Realty Corporation by R. Wilson and Associates.  Seconded by Mr. Saball.  4 in favor, 1 abstention (Wood).

 

Public Hearing - Road Layout of Pacer Way

Planning Administrator Michelle Collette and Highway Surveyor Tom Delaney were present for this portion of the meeting.

 

Ms. Collette explained the construction had been completed in 2001, the work is done, as-built plans have been received, however the builder had defaulted on his obligation to the Town, therefore the Planning Board and Highway Surveyor were respectfully requesting the Board of Selectmen layout the road

 

Mr. Cunningham moved to open the public hearing at 7:14 p.m.  Seconded by Mr. Saball.  Unanimous vote.

 

[     X   ]           Read Legal Notice

                        Published October 1^st, Groton Herald

 

                        13 Certified Abutter Notification mailed on September 28, 2004

                        0 Return Receipts are outstanding.

 

[     X   ]           Query audience for support either written or in person.

 

[     X   ]           Query audience for objection either written or in person.

 

[     X   ]           Hearing Closed at 7:16 p.m.

 

Mr. Cunningham moved to close the public hearing at 7:16 p.m.  Seconded by Mr. Saball.  Unanimous vote.

 

Mr. Cunningham moved to approve the laying out of Pacer Way as a public way, as further described and shown on an As-Built Plan entitled As Built Plan of Pacer Way in Groton, Massachusetts dated December, 2000, Revised September, 2001 prepared for Westridge Homes LLC by Dillis and Mische, Inc.  Seconded by Mr. Saball.  Unanimous vote.

 

Public Hearing - Road Layout of Hayden Road

Planning Administrator Michelle Collette and Highway Surveyor Tom Delaney were present for this portion of the meeting.

 

Ms. Collette stated that Hayden Road and Madeline Drive were similar to the other road layouts with the exception that the Town had used funds in the performance bond to finish the work and Rice Paving did the work directly through the bonding company.  Ms. Collette added that the as-built plans were paid for from the bonding company and the Highway Department had planted ornamental trees.  Mr. Delaney stated the Highway Department had been maintaining the roads and it is important to get the roads into the inventory for Chapter 90 funds.

 

Mr. Cunningham moved to open the public hearing at 7:30 p.m.  Seconded by Mr. Saball.  Unanimous vote.

 

[    X    ]           Read Legal Notice

                        Published October 1^st, Groton Herald

 

                        16 Certified Abutter Notification mailed on September 28, 2004

                        3 Return Receipts are outstanding.

 

[    X    ]           Query audience for support either written or in person.

 

[    X    ]           Query audience for objection either written or in person.

 

[    X    ]           Hearing Closed at 7:34 p.m.

 

Mr. Cunningham moved to close the public hearing at 7:34 p.m.  Seconded by Mr. Saball.  Unanimous.

 

Mr. Cunningham moved to approve the laying out of Hayden Road as a public way, as further described and shown on an As-Built Plan and Profile entitled As-Built Plan & Profile of Hayden Road, Groton, Massachusetts dated April 9, 2003 prepared for Town of Groton by Stamski and McNary, Inc.  Seconded by Mr. Saball.  Unanimous vote.

 

Public Hearing - Road Layout of Madeline Drive

Planning Administrator Michelle Collette and Highway Surveyor Tom Delaney were present for this portion of the meeting.

 

Ms. Collette stated she would like to commend Mr. Delaney and the Highway Department and Mr. Josh Degen for an outstanding job finishing up the work required on Madeline Drive and for working with the homeowners.

 

Mr. Saball commented that the developers were less than enthusiastic to fulfill their responsibilities to finish the projects and asked Ms. Collette if performance bonds were sufficient to finish the projects.  Ms. Collette stated a bond estimate of bid prices plus 15% and an inflation factor, when the developer has done a portion of the work the bond is adjusted.

 

Mr. Saball asked if historically the Town has been protected.  Ms. Collette stated there had only been to instances of having to take the bond.  Mr. Delaney stated the only loss is in snowplowing.

 

Mr. Cunningham moved to open the public hearing at 7:43 p.m.  Seconded by Mr. Saball.  Unanimous vote.

 

[    X    ]           Read Legal Notice

                        Published October 1^st, Groton Herald

 

                        11 Certified Abutter Notification mailed on September 28, 2004

                        1 Return Receipts are outstanding.

 

[    X    ]           Query audience for support either written or in person.

 

[    X    ]           Query audience for objection either written or in person.

 

[    X    ]           Hearing Closed at 7:48 p.m.

 

Mr. Cunningham moved to close the public hearing at 7:48 p.m.  Seconded by Mr. Saball.  Unanimous vote.

 

Mr. Cunningham moved to approve the laying out of Madeline Drive as a public way, as further described and shown on an As-Built Plan and Profile entitled As-Built Plan & Profile of Madeline Drive , Groton, Massachusetts dated April 9, 2003 prepared for Town of Groton by Stamski and McNary, Inc.  Seconded by Mr. Saball.  Unanimous vote.

 

Public Hearing - Road Layout of Integrity Way

Planning Administrator Michelle Collette, Highway Surveyor Tom Delaney and developer Mr. Dana McKel were present for this portion of the meeting.

 

Mr. Cunningham moved to open the public hearing at 8:03 p.m.  Seconded by Mr. Saball.  Unanimous vote.

 

[    X    ]           Read Legal Notice

                        Published October 1^st, Groton Herald

 

                        8 Certified Abutter Notification mailed on September 28, 2004

                        7 Return Receipts are outstanding.

 

[    X    ]           Query audience for support either written or in person.

 

[    X    ]           Query audience for objection either written or in person.

 

[    X    ]           Hearing Closed at 8:05 p.m.

 

Mr. Cunningham moved to close the public hearing at 8:05 p.m.  Seconded by Mr. Saball.  Unanimous vote.

 

Mr. Cunningham moved to approve the laying out of Integrity Way as a public way, as further described and shown on an As-Built Plan entitled Plan of Land in Groton, Mass. dated October 26, 2002, Revised May 19, 2004 prepared for Integrity Land Corp. by Bill Boston Survey, Inc.  Seconded by Mr. Saball.  Unanimous vote.

 

Frank Belitsky RE:  Groton Senior Foundation

Mr. Frank Belitsky was present for this portion of the meeting.

 

Mr. Belitsky read the mission statement and goals of the Foundation.  Mr. Belitsky stated that the Trustees had voted to not duplicate any fund raising efforts by other organizations.  Mr. Belitsky stated that he had spoken with Moderator Bob Gosselin and had been given permission to address the Special Town Meeting regarding the Foundation.  Ms. Wood asked how the Senior Foundation differed from the Friends of the Elders.  Mr. Belitsky stated the IRS had sanctioned the Groton Senior Foundation as a non-profit organization.  Mr. Belitsky stated the Finance Committee had suggested a non-profit organization to fund programs, which the Town cannot fund.  Ms. Wood asked if one of the goals was to raise money for the Senior Center.  Mr. Belitsky stated that there had been a goal for expanding the Senior Center, however it was outside the Foundation's scope and it was currently looking at funding a vehicle for the Senior Center.  Mr. Belitsky stated that the Foundation was an all-volunteer effort.

 

Selectmen Take Positions on Special Town Meeting Articles

Special Town Meeting warrant (enclosed herein).

 

Article 1           Support                                    

Article 2           Support

Article 3           Support                                    

Article 4           Support

Article 5           Support                                    

Article 6           4 Support, 1 Abstention (Wood)

Article 7           Support                                    

Article 8           Support

Article 9           Support                                    

Article 10          Support

Article 11          1 Support at $150,000 (Saball), 2 Support $100,000 (Dillon & Wood), 1 Support $75,000 (Cunningham), 1 Support $50,000 (Nordblom)

Article 12          Support                                    

Article 13          Support

Article 14          Support                                    

Article 15          Support

Article 16          Support                                    

Article 17          Support

Article 18          Support                                    

Article 19          4 Support, 1 Abstention (Wood).  Ms. Wood did not want to

Article 20          4 Support, 1 Abstention (Wood)

Article 21          4 Support, 1 Abstention (Wood)

Article 22          4 Support, 1 Abstention (Wood) 

Article 23          Support

Article 24          4 at Town Meeting, 1 Support (Saball)

Mr. Cunningham stated he would like to meet with the Board of Assessors prior to Special Town Meeting to discuss the exemption.  The Board concurred.

Article 25          4 Support, 1 at Town Meeting (Wood)

Article 26          At Town Meeting

Article 27          Support

Article 28          Support

Article 29          Support

Article 30          4 Support, 1 At Town Meeting (Wood)

Article 31          At Town Meeting

Ms. Wood asked if the Planning Board had met.  Mr. Dillon stated the Planning Board would be meeting on Thursday on this matter.

 

ADMINISTRATIVE OFFICER REPORT

Ms. Kitchen stated Mass Highway would be meeting on Thursday, November 4, 2004 regarding an application for a cell tower at four corners.   Ms. Wood stated there was only an application and no plans.  Ms. Collette clarified the location to be Cow Pond Brook Road and there was supporting documentation located in the Planning Board office.  Ms. Kitchen stated that the Montachusett Regional Planning Commission had a state funded software package available which is newer than the Towns current GIS package.  Mr. Cunningham asked if the old and new could be integrated.  Ms. Kitchen stated that was being investigated. 

 

SELECTMEN LIAISON REPORT

Mr. Dillon stated he had received a reminder from the Town Clerk that the voter registration deadline was October 13, 2004 and the office hours would be 9:00 a.m. to 8 p.m.

 

Mr. Saball stated the Board had voted to have a traffic study survey done for Mill Street and asked the members if they had received a copy.  Mr. Saball stated the neighbors had expressed concern regarding the through-truck traffic and wished the traffic to be rerouted to Route 119.  Ms. Wood expressed concern regarding the baseline data if school was not in session.  Ms. Kitchen suggested requesting another study.   Mr. Cunningham concurred.  Mr. Dillon asked what the time frame would be once a request had been made to MRPC.  Ms. Kitchen stated they had done the previous study fairly quickly and she would make a request.

 

Mr. Dillon stated the Home Coming Tail-gating Celebration would be held on October 14, 2004 and is being sponsored by the Groton-Dunstable Boosters.

 

Mr. Cunningham moved to enter into Executive Session at 9:18 p.m. in accordance with Massachusetts General Law, Chapter 39, Section 23B for the purpose of discussing strategy with respect to collective bargaining  and will not reconvene in Open Session.  Seconded by Mr. Saball.  Roll Call Vote:  Dillon - yes; Cunningham  yes; Saball  yes; Wood  yes; Nordblom - yes.

 

 

 

 

 

                                                                                    ______________________________

Approved:  _____________________________                     Respectfully submitted,

                  John L. Saball, Clerk                                    Kathleen Newell

                                                                                    Office Assistant

 

Date Approved:  November 1, 2004

Attachments (1):  Special Town Meeting Warrant