SFRD_Minutes_21Jan2006

COMMONWEALTH OF MASSACHUSETTS
Sherwood Forest Road Maintenance District
Special Meeting and
Prudential Committee Meeting
Saturday, February 2, 2008

Committee Members Present: David Bonney, Chair (and Moderator for Special Meeting); Bill Brownhill, Co-Chair; Gilles Beaudoin, Jerry Grondin, Jerry Summit; Marty Feit, Clerk-Treasurer

Absent: Dennis LaChapelle, Road Superintendent

Public Present: Al Barvenik, Fran Barvenik, Eva Bonney, Celia Boucher, Ron Boucher, Joyce Brownhill, David Devane, Nancy Devane, Steven Grondin, Al Labonbard, Howard Lerner, Gail McGeer, Robert Ronzio, Edward Woodis

1. Alternate Non-resident

Howard Lerner is nominated, seconded, and voted in.

2. Approval of Free Cash to be carried over from 2007 to 2008

Mr. Feit reports that the accountant has not yet finalized this with the DOR but the figure is approximately $45,000. He says this can be approved as free cash, then usage can be decided at a later date. Unanimously approved by voice vote.

3. Establishment of Stabilization Fund for Free Cash

Discussion of how this money can be accessed and used. It can be used only by approval of the voters. Mr. Ronzio says the vote will not be valid without citing the specific state statute that covers it. Ms. Brownhill says she does not recall the town stating any specific language when putting money into a stabilization fund. Vote is called and the item is passed by a majority voice vote.

4. Land Feasibility on Minstrels Way

The land is currently owned by the town and can only be obtained by a winning bid. The storage of materials on this land would have to be approved by the Conservation Commission. Motion made and seconded, to change language from “Minstrels Way” to “any land within the boundaries of Sherwood Forest as long as it is passed by Conservation”. Mr. Ronzio says when the town acquires property it is specified by map and lot number. Mr. Bonney says this item is just giving the Prudential Committee permission to look into acquiring land. Mr. Ronzio questions the wording of the proposal. Mr. Lerner asks if the bylaws allow the road district to own land; yes. Mr. Ronzio says there are issues as to use of vested vs. non-vested land. The change in language is passed by voice vote with one abstention. The revised item is approved by voice vote with one abstention.

5. Eliminate Money Market Account and Replace with Savings Account

Mr. Feit says a better rate can be obtained with a savings account with “ING”; the funds would be linked with the checking account at Legacy Bank. All transactions must be done online and it is with a Netherlands bank. Mr. Woodis asks what the investment is; none. The item is passed by majority voice vote with one abstention.

SPECIAL MEETING CONCLUDES at 11:10 AM, having started at 10:35 AM

REGULAR PRUDENTIAL COMMITTEE MEETING OPENS at 11:10 AM

1. IAW-MGL-CH39-SECTION 23C

2. APPROVAL OF MINUTES FROM 1/5/08

Motion made and seconded to accept the minutes of the 1/5/08 meeting; unanimous approval.

3. TREASURER’S REPORT

Mr. Feit reports on current balances, amounts spent, and amounts owed. Road tax bills should be going out next week.
· Warrant Approval: Motion made and seconded to accept the treasurer's warrant; unanimous approval.
The district now has a credit card and Mr. Feit is working on clarification of the tax exempt number.

4. ROAD SUPERVISOR’S REPORT

Mr. Bonney reads a report submitted by Mr. LaChapelle stating that there has been no work done on the roads since the last meeting due to the absence of a valid contract. Sanding has been done to keep roads passable though. Eligibility for Chapter 90 money is still being worked on.
Mr. Bonney is still trying to determine how to properly handle the culvert on Old Carriage.
The Robitailles on Lady of the Lake would like a road opened up that is indicated on the map so they can access their back lot. Mr. LaChapelle has opined that they have access through their front lot. Mr. Bonney will ask the lawyer his opinion; he will also advise Mr. Robitaille that he must come before the committee with a formal request.
Mr. Summit says the Mystic Isle sign has been plowed down. Discussion of other signs down around the Forest.

<<An announcement is made that Richard Tallberg passed away last night.>>

5. OLD BUSINESS

1. Checking Account Alternate: Mr. Bonney has not yet checked with the attorney for proper procedure on this, but will.

2.Web Site: Mr. Feit submits information to the web master for posting to the web site. The site is currently up to date.

6. NEW BUSINESS

1. Two Year All Season Road Contract

o Bids were opened at 1:01 PM on 1/14/08.
o There were three bids – from B&B, LB, and White Wolf.
o There was a problem with the signature on the bid sheet of the low bidder (B&B).
o Mr. Bonney passes out copies of letter from the lawyer. Mr. Feit reads it aloud.
o There is vigorous discussion of the situation and strong support voiced for the job that White Wolf is currently doing.
o Motion made to award the bid to White Wolf. Mr. Summit reads awarding criteria from the contract. Motion seconded to award the bid to White Wolf. Vote: 2 for, 2 against, 1 abstain. Mr. Bonney will consult the lawyer.
o A meeting will be held on February 16th to allow the prudential committee to vote on the contractor.

Budget for 2008/2009: Mr. Feit will make up a proposal for discussion at the next meeting.
2006/2007 Misappropriations and signing of checks: Mr. Bonney asks for the input of other committee members, saying that he has had a number of people ask him what will be done about it, in particular, lawyer money and contract services for political messages. Issue tabled after brief discussion
. PUBLIC PARTICIPATION

Ms. McGeer would like a copy of documents when White Wolf was disqualified and Andrews was hired.
Mr. Summit, speaking to Mr. Boucher, cites Section I on page 12 of the bylaws regarding the district’s ability to borrow money.
Mr. Lerner states that Mr. Chuck Andrews’ advice was taken without question previously and that every other administration can therefore be opened up for not doing their jobs.
Mr. Lerner opines that road signs could be considered an emergency issue for purposes of emergency services access.
Mr. Lerner thinks the individual on Lady of the Lake Court should be allowed to go through the steps he must go through with the town before the road district should consider opening up the road.
Mr. Lerner asks about insurance. Mr. Bonney says the lawyer sees no reason for the road district and the association going on a policy together. Mr. Summit says Mr. Bonney misunderstood – that the lawyer said it makes no difference.
Mr. Ronzio says last year someone built a house on Nottingham Circle (the inner circle) and they opened the road themselves. He says if someone builds a house they have a right to access but doesn’t know if the district has a right to tell them from where they can access it.
Mr. Ronzio says there is a copy of amended bylaws up on the web but there is no hard copy. He says there are no guidelines available for people putting in driveways. Mr. Summit reads pertinent information from the bylaws.
Mr. Ronzio speaks about road signs, saying that once something is in place, if it is removed the district will be liable.
Mr. Ronzio says the bylaws say that the road superintendent is responsible for submitting a budget to the clerk. Mr. Summit reads pertinent language from the bylaws indicating that the prudential committee establishes a budget with the assistance of the road superintendent. Mr. Ronzio says he is wrong.
Mr. Devane says much of the signage problem could be solved just by straightening bent sign posts.
Ms. Devane says there is a tree down in Sir Walter Court.
Mr. Summit says newspapers are being stolen from the Eagle boxes at the mailboxes.
Mr. Ronzio speaks to the condition of the mailbox shed. Mr. Summit says that Mr. Bob Wallenberg said a couple of years ago that he personally would repair the roof.
Mr. Ronzio asks who plows the mailboxes. Mr. Lerner says there is currently no indication of who owns the area; it’s mailboxes so it’s federal; there’s no money in SFNA’s budget to do anything with it. Mr. Brownhill says he paid $35 to SFNA for his mailbox there; Mr. Lerner says he got his from the post office. Mr. Bonney says this is not a road district issue.
A woman who says she lives on Lady Lucille says she has had a culvert washed out for 3 years and that Mr. Andrews never returned several of her calls and she had to pay to fix the damage herself. Mr. Ronzio says FEMA money is supposed to be used for an enlarged culvert at that location. Mr. Bonney says he will put it as a high priority on list of projects to be done.
Ms. McGeer says she has a lot for sale on Golden Knight Lane that cannot be accessed because that part of the road is not plowed.

8. ADJOURNMENT

There being no further business to conduct, a motion is made and seconded to adjourn. Unanimous approval.
The meeting is adjourned at 12:35 PM

Respectfully Submitted

Marty Feit
Clerk-Treasurer

/bl