SHERWOOD FOREST ROAD MAINTENANCE DISTRICT

Prudential Committee Meeting Minutes

February 4, 2006

Committee Members Present: Bill Brownhill, Vice Chairman; David Bonney, Robert Ronzio, Michael McEnerney

Staff: Charles Andrews, Road Superintendent; Maryellen Lake, Clerk/Treasurer

Public: See sign-in sheet

The meeting was called to order at 10:37 a.m.

Reading of Minutes of previous meeting: The minutes were distributed and read by all present. Bob moved to approve the minutes as read; David seconded; motion passed.

Treasurer's Report: The Treasurer's Report was distributed and read. David moved to accept the Treasurer's Report as read; Bob seconded; motion passed.

Public Participation: Howard Lerner stated that his position on the culvert in question on Alan-a-Dale is that it be moved to where it was before Decemer 3, 2005. He further stated that it is our position that Mr. Sykes should pay for it since it was he who moved it. Chuck noted that he had talked about putting it back on the angle where it was before it was put on Mr. Sykes property. Mr. Sykes told Chuck he is not going to put it back. He is not going to tolerate the water on his property. Chuck noted that at the Thursday meeting with the DEP Mr. Sykes maintained that the culvert installation and the trench were temporarily approved. It was temporary, and he no longer wants it on his property because it's interfering with his septic system. Howard stated that the taxpayers should not bear the burden of paying for it and reminded the Committee of its fiduciary responsibility, noting that this could set a very dangerous precedent that opens the door. Howard maintained that it's the responsibility of the Prudential Committee to solve the problem and that, since it was a property owners who committed the violation, the property owner should be required to pay to resolve the situation. Bob read into the minutes a passage from the minutes of the meeting of July 12, 2003 regarding the consent agreement which was presented to the Committee, as follows: ". . . Richard reads a consent agreement from the Town of Becket Conservation Commission I believe it is. John said their (sic) involved with the Sherewood Forest Neighbors Association. That the road District make the necessary changes to the culverts at 179 Alan-A-Dale and Long Bow. To restore the culvert to its original position as requested in the consent agreement. Richard made the motion. Amy Somerville seconded the motion. Motion carried unanimously. Paula made a motion for John to sign the consent agreement. Richard Tallberg seconded the motion. Motion carried unanimously. . . . " A discussion of the legality of the consent agreement followed. Chuck had been asked by the Committee to investigate and report. The single issue to be dealt with is the violation. Bob disagreed. Chuck: you can put him under an order to do it. That doesn't mean it's going to happen. Bob: This is a Road District issue. Chuck: You cannot dump water on anyone's property without their permission. The District has to abate the problem created by Sykes's action because he is not going to do it. If he doesn't do it, it becomes a civil issue. Turn it over to counsel. Bob: In actuality he has created a problem for this Road District. Chuck asked when payment for resurfacing was going to be brought up to date. Discussion of the resurfacing project ensued. Chuck noted that the balance is $31,000.00. Maryellen noted that there is a cash shortage and that we would have to borrow to pay the bill. After a lengthy discussion between Maryellen and Bob, Maryellen will give Bob the name and phone number for him to call the District's state DOR representative to obtain confirmation and clarification of the state requirements and laws governing the accounting involved. There was a lengthy discussion regarding the status of the Winter Roads account, the Money Market account, and the status of the special project.

The regular meeting was suspended at 11:20 a.m. to be resumed after the Special Meeing. The regular meeting was reconvened and brought to order at 11:43 a.m.

Continuation of Public Participation: Sykes Matter: Chuck announced that he has suggested solutions to the problem but he isn't getting cooperation from SFNA or Sykes. That's why he is recommending turning the matter over to the District attorney. There was a lengthy discussion of the issue, culminating in the decision to draft a letter to Mr. Sykes. Bob moved that a letter be sent notifying Mr. Sykes that he is in violation of the right of way and needs to take action within 30 days of receipt of the letter to return the culvert to its position prior to December 3 and restore the Road District property to the condition it was in before that date There being no second, no vote was taken.

Reading of Warrant #10: The Warrant was read in the total amount of $1,452.39. Bob moved to accept and sign the warrant. The motion was seconded and the warrant was signed. Chuck noted that he had ordered a new sign for Brandon's Way at the request of the Bouchers. The new signs must be nine inches. He ordered 25 signposts.

Old Business

The matter of the consent agreement was moved to New Business. Bob moved to pay the Andrews Excavating bill as soon as we get an answer from the attorney. Dave seconded; motion passed. Maryellen reported on her meeting with FEMA. She will submit all paperwork to MEMA as soon as possible. Bob moved to change the time of the annual meeting to 1:00 p.m. Dave seconded; motion passed.

New Busines

Mike asked about Maryellen's request for her replacement. He suggested running an ad in the Berekshire Eagle and posting a notice at the general store. He will post it on the SFNA website and the Road District website. The notice should include the information that the candidate must be bondable and that the appointment is to fill the unexpired term of office. Bob also noted that the ad should specify that the applicants must be residents of Sherwood Forest. There was a discussion regarding whether to separate the two positions of clerk and treasurer, as it was originally designated. It was generally agreed that the ad should be inserted in the Eagle and the Country Journal. Maryellen recommended that the Committee schedule a workshop to discuss the budget for fiscal year 2007 and that they consider hiring an accountant.

There being no further business to come before the meeting, Bob moved to adjourn; Dave seconded; motion passed. The meeting was adjourned at 12:35 p.m.

TRUE COPY ATTEST -

Maryellen Lake,

Clerk/Tresaurer