COMMONWEALTH OF MASSACHUSETTS

Sherwood Forest Road Maintenance District

Prudential Committee Meeting

Saturday, April 7, 2007

 

Committee Members Present: Robert Ronzio, Chairman; Jerry Summit, Vice Chairman; Gilles Beaudoin; David Bonney; Michael McEnerney; Marty Feit, Clerk-Treasurer

 

Public Present: Eva Bonney, Bill Brownhill, Joyce Brownhill, David Devane, Nancy Devane, Paulette Feit, Deb Fitzgerald, Murielle Forster, Jim Griffin, R. Guevin, Al Labombard, Sandra Labombard, Dennis LaChapelle, Blanche Lennington, Howard Lerner, Richard Marx, Gail McGeer, John McGeer

 

Meeting called to order at 10:30 a.m.

 

Mr. Bonney speaks of his ongoing communications with the Attorney General and the District Attorney. He states that the A.G. has told him that registered voters in the town are the only ones who can vote on Road District issues. He says he has talked with the Town and the Town says they won’t release any voting records or real estate records for voting purposes and, if it does get that far, they will not release any tax money. He says that the Road District’s attorney has never spoken with the A.G.

He adds that he’s also discovered that the Prudential Committee should only be three members – that the two non-resident members do not have the right to sit on the Committee. He says that Richard Steward of the A.G.’s office will come to a meeting along with someone from the DOR to explain proper procedure.

Mr. Ronzio thanks him and asks for it in writing.

 

Reading of Minutes

Minutes of the March 7th meeting are reviewed by committee members. <<Something goes wrong with the tape here and when the recording resumes Mr. Ronzio says there is a motion on the table and asks for a second.>> A second is heard and the motion is approved unanimously.

 

Public Participation

Mr. Guevin asks about insurance figures on the proposed budget. Mr. Feit says the cost is double because the figure put in is for independently obtaining coverage rather than going under the SFNA’s policy. Mr. Guevin asks what the insurance would cover and is told it is for General Liability. There is discussion of insurance cost and whether to continue under the SFNA’s policy or to obtain separate coverage. Ms. Brownhill asks about there being a cap on the District’s liability. Mr. Summit says insurance is needed for defense of any secondary suits which may be brought. Ms. Devane asks a question about coverage. Mr. Lerner speaks to the SFNA’s liability as owners of the roads and the possibility of subrogation to the Road District in the event of a claim.

Mr. Bonney asks if the police officer present is being paid to be here. Mr. Ronzio says no, he is not, that he is present as an on-duty, on-call officer. There is discussion of the need for police presence at Road District meetings.

Ms. Bonney opines that the meeting held on March 24th was called because Mr. Bonney was out of town and there is discussion of when, how, and by whom Mr. Bonney was informed of that meeting.

Ms. McGeer asks about signs at the entrances to the Forest reminding residents of Road District meetings. Discussion ensues.

Mr. Guevin asks about Attorney Fees on the proposed budget, saying that the figure seems to be going quite high. Mr. Ronzio says that the attorney needs to be consulted for questions that come up at meetings. Mr. Bonney says he is looking into misappropriations on this item.

Ms. Devane asks for a notice to be posted outside the building when a meeting is changed from upstairs to downstairs as this can cause extreme difficulty for anyone with a disability.

Mr. McGeer asks if the date of the Annual Meeting has been changed. Mr. Ronzio says no. It is clarified that the upcoming Special Meeting is scheduled for 1 PM April 28th.

Mr. Bonney speaks to the Freedom of Information Act and says that he requested to view the District’s records ten days ago but that request has not yet been granted.

 

Communications

Email from Joe LaCascia about insurance.

 

OLD BUSINESS

DOR Re:  End of year Close Outs 2005, 2006 – Mr. Ronzio reports that Mr. Feit talked to the DOR regarding this in a conference call with the attorney.

Building Committee Report/Office Storage and Equipment Purchase Feasibility Study (Bonney and McEnerney) – Mr. Bonney says he needs the records to do the research on this.

Culvert Survey – Mr. Ronzio reports that there have been several culvert failures in the past month or so. He says this will be discussed further when the Road Superintendent gives his report.

Road Sign Replacement/Ordering Street Signs – Mr. Ronzio says this will also be addressed with the Road Superintendent’s report. 

Abandoned/Unregistered Vehicles on Public/Private Roadways – Mr. Ronzio says there doesn’t seem to be a problem with this but there are still vehicles around on the road. Mr. Bonney notes that there was a contractor’s tractor left on the side of Black Arrow all winter. Someone says that it is gone now.

Winter Road Preparation – To be discussed with the Road Superintendent.

Roads Resurfacing Projects – Mr. Bonney asks if this will go to the people for a vote at any time. Mr. Ronzio says that the projects were approved by the committee as a part of regular maintenance.

Road Maintenance Priorities – Not addressed.

Memorandum of Understanding: Sherwood Forest Neighbor’s Association – Mr. Ronzio says that now that the Association is “back in town” he would like to discuss this with them.

Deteriorating Condition of the Spillway – Mr. Ronzio starts to say this will be held, then says that under New Business the problem of the plugged culvert at Lancelot will be addressed. He says he mentioned this to the Conservation Commission and may have to go back to them because the water is in the road. Someone asks if it is plugged with ice. Mr. Ronzio says they have no idea what the cause is. He says the head wall is completely under water – that there’s at least three feet of water above the culvert right now. There is discussion of how long this has been a problem. Mr. Ronzio says there is now a sink hole in the road. There is discussion of whether the culvert is the responsibility of the Road District or of the SFNA.

Budget Preparation for FY 2008 – Mr. Feit says he doesn’t think there is enough money in the proposal for Winter Roads, General Roads, or Engineering Expense. Mr. Ronzio points out that the proposed increase is only 2%. Mr. Beaudoin says it isn’t a matter of what percent the increase is, but rather it’s a matter of the amount of the bottom line. He says what he hears from Forest residents is that they do not want improvements to the roads – that they just want to continue fixing them.

Comments start coming loudly and without regulation from the floor. Mr. Ronzio recognizes Ms. Lennington who asks why there has never been a Moderator appointed to keep order at these meetings. Mr. Bonney says that, according to the bylaws there should be a Moderator. Mr. Ronzio says, “No, actually, according to our bylaws there’s. . .” The tape ends here. When the tape resumes Ms. Lennington is asking, “So having a Moderator for these meetings is not an option?” Mr. Ronzio replies that it is “not an option right now.”

Mr. Ronzio recognizes Ms. Brownhill who opines that the dense grade, which is very expensive, is not being properly applied to the roads. A discussion ensues about the roads having no base.

The figure for the Stabilization Fund on the proposed budget is discussed among committee members, as well as the types of funds held by the District. Tax collections are discussed. Mr. Bonney speaks to the funding of road resurfacing projects and says he would like to see a separate line item on the budget for this. Mr. Feit says he thinks this is a very good idea so that money doesn’t get taken from General Roads and Winter Roads for these projects. Mr. Bonney says perhaps there should also be a line item for Waterways. He says that Mr. Summit, being an engineer, should have some input on this. Mr. Summit says this was discussed in detail at the last meeting – that one of the reasons to hire an engineer is to survey the roads and waterways and construction details. Mr. Bonney asks Mr. Summit if he is a qualified engineer to do that and Mr. Summit replies that, no, he is a Civil Engineer but that he is not qualified to do roads. Mr. Ronzio says the money for an engineer was put in to hire an independent engineer to independently look at the issues that appear.

The level of background conversation on the floor grows progressively louder. Ms. Lennington addresses the room, asking for all present to have the courtesy to take private conversations into the hallway so that people who want to hear what is taking place at the committee table can.

Mr. Bonney asks about Contract Services. Mr. Feit says that is for any outside people who do work for the District.

Mr. Summit suggests that committee members go back and forth via email to finalize the budget for the next meeting.

Contractors/Bid Proposals – Mr. Bonney says several different kinds of bid proposal forms can be found at Staples. He also says that prices for materials should be shopped.

Engineering Study - Mr. Ronzio says this has been sufficiently discussed already.

Any Other Old Business – None.

 

NEW BUSINESS

Insurance Policy – Already discussed.

Any Other New Business

Letter to the town – Mr. Ronzio speaks about a letter he sent to the town (to Mr. Fuller) on March 9th. He recalls that when he wanted to send a letter to the DEP other committee members asked that the town be worked with first. He says the town has not responded and he would now like to send a letter to the DEP. Mr. Bonney says the letter was mentioned in the Board of Health minutes but there was no detail on it. Mr. Ronzio says he sent a copy of well decommissioning requirements with the letter. Mr. Bonney says he doesn’t see what harm has been done. Mr. Ronzio says that the opinion of the board is that there is a problem and that’s why the letter was sent to the town. He says improper location of a well can potentially transmit contaminates from ground water to the aquifer. Mr. Ronzio asks if anyone would like to make a proposal.

Mr. Summit:  “I would say that we do send a copy . . .”

Mr. McEnerney:  “They’ve had enough time to respond. It’s time to send it to the state. Send it to the state level; cc the Town; send it certified mail, and we’ll see where we stand next meeting.”

Mr. Ronzio:  “Do we have a second on that?”

Mr. Summit:  “I second it.”

There being no further discussion, Mr. Ronzio calls for a vote. Three “Ayes” and one “Nay” are heard on the tape. Mr. Ronzio states that the “Ayes” have it and asks Mr. Bonney if he would like to record something as to why he voted no. Mr. Bonney declines.

Letter to recover money from Mr. Sykes – Mr. Ronzio speaks of a letter that was going to be sent to recover some money from Mr. Sykes for the issue on Alan-A-Dale. He says the letter has not been mailed because he was not able to get the billing information from the attorney yet.

 

Mr. Ronzio recognizes Ms. Lennington who asks that it be stated for the record what property was being discussed previously with the letter to the town. Mr. Ronzio says he believes the number is 330 Prince John Drive.

 

Work Orders – Mr. McEnerney has developed a preliminary form which is discussed. Mr. McEnerney will make changes per comments made.

 

Road Superintendent’s Report – The Road Superintendent is not present.

Mr. Ronzio addresses the issue of the clogged culvert on Lancelot, saying that Sir Galahad and Maid Marion are both in danger of flooding. He says there is also a danger that the wheel of someone’s vehicle could drop into the sink hole. He offers to call the Conservation Commission this afternoon to see if emergency permission can be obtained to take care of the problem.

Mr. McEnerney moves that Mr. Ronzio contact the Conservation Commission requesting permission to repair the problem; a second is heard; Mr. Bonney opposes due to questions of ownership. He says that he does not have access to the District’s attorney to ask about it. He would like Mr. Ronzio to ask the attorney where the responsibility lies. Mr. Ronzio says he will not be able to get in touch with the attorney today but will be able to get in touch with the Conservation Commission. Mr. Bonney asks if Mr. Ronzio didn’t contact the Conservation Commission previously and Mr. Ronzio responds that he did and that they said they would go out and take a look at it. He and Mr. Beaudoin agree that it got better for a while but that now it’s worse again. There is discussion among committee members of ownership of and responsibility for inlets and outlets of the lakes. Mr. Ronzio says he will call the attorney to ask about the issue.

<<Transcriber’s Note:  No vote was taken on the motion.>>

 

Mr. Ronzio recognizes Mr. Devane who asks if he has a cell phone number for the Road Superintendent. Mr. Ronzio says he does, but it was disconnected as of yesterday. There is discussion of the problem of the Road Superintendent consistently not being present to give his report.

 

Mr. Ronzio recognizes Mr. Barvenik who asks if the District will use the same contractor year after year or if the contract will be put out to bid. Mr. Ronzio says that is a discussion that the committee needs to have and he can’t say what will happen.

 

Mr. Ronzio recognizes Mr. Brownhill who asks why culverts which were just replaced on Mystic Isle are on the side of Carriage Road. Mr. Ronzio says that the Road Superintendent told him yesterday that they will be removed this week. There is discussion of this being an ongoing problem.

<<The recorded material on Tape #2 ends here; Tape #3 opens with Mr. Bonney speaking>>

 

Mr. Bonney speaks of Mr. Andrews having a conflict of interest being the Road Superintendent and a principle in Andrews and Son. He also speaks to the issue of unlicensed individuals operating equipment for Andrews. Mr. Summit asks how he knows this and Mr. Bonney replies that he’s talked to the operators. He then asks about the processed fill that the District is being billed for. There is discussion of pricing and where materials come from, as well as of the District looking into having its own land to store material. Mr. Bonney will look into this further.

 

Mr. Bonney, speaking to Mr. Feit, says that he needs to have access to the records. Mr. Feit says that he certainly can have that access but needs to be accompanied by himself as Clerk-Treasurer or another member of the board so there is no question if something should happen to disappear. Mr. Bonney says he needs access to the records in a location where there is a copier.

There is a question of when the board went from three members to five and whether the change was legal. Mr. Bonney says that is why he would like to look through the records. There is heated discussion of legalities and much reading from the Act and the Bylaws.

Mr. Feit asks Mr. Bonney to set up a date with him to come to Town Hall and look at the minutes for a period of up to two hours. He says he will be back from vacation on April 21st and could be available with the records the following week. Mr. Feit says he will email Mr. Bonney about this.

 

Treasurer’s Report/Reading of Warrant

Mr. Feit notes that there is currently $113,189 in the account at Legacy Bank and that the municipal money market account has $61,939. The total in the treasury is $175,128. The warrant to be approved at this meeting is for $37,764. After this month’s warrant is paid, the balance in the treasury will be $137,364.

Mr. Feit says that all of the money has been used from Winter Roads and that General Roads is in deficit; there is a bit of an excess in Waterways. The bill just came from the accountant and there will be a bit of an excess there. He says really the balance remaining out of the operating budget is $11,743 and Spring Roads have to be considered; the Road Superintendent told him that could run anywhere from $30,000 to $45,000. He says therefore money will have to be taken out of the Money Market to cover remaining expenses for the year. He suggests considering the possibility of increasing the amounts in the new budget for both Winter Roads and General Roads. He also speaks in favor of Mr. Bonney’s suggestion to make a separate category for road changes.

Mr. Feit reviews the warrant.  Mr. Bonney refuses to sign the warrant because he says the lawyer’s fee is a misappropriation.

Ms. Devane asks why, with such a mild winter, the Winter Roads expense ran so high. Mr. Ronzio says once the bad weather did hit there was a high demand for services. There is general discussion of this. Ms. McGeer asks if she can see the bills from Mr. Andrews for the year and is told that she can make an appointment with Mr. Feit to do that.

 

There being no other business to conduct, Mr. Ronzio calls for a motion to adjourn. A motion is made to adjourn; a second is made; unanimous approval.

 

Meeting adjourned 12:45 PM

 

Respectfully Submitted

 

 

 

Marty Feit

Clerk-Treasurer

 

 

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Robert Ronzio, Chair                            Date

 

 

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Jerry Summit, Vice Chair                      Date

 

 

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Gilles Beaudoin                         Date

 

 

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David Bonney                                       Date

 

 

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Michael McEnerney                              Date

 

 

 

 

 

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