COMMONWEALTH OF MASSACHUSETTS

Sherwood Forest Road Maintenance District

Special Meeting and
Prudential Committee Meeting
Saturday, April 5, 2008

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

Absent:  Dennis LaChapelle, Road Superintendent; Marty Feit, Clerk-Treasurer

Public Present:  Al Barvenik, Fran Barvenik, Eva Bonney, Celia Boucher, Ron Boucher, Joyce Brownhill, David Devane, Nancy Devane, Steven Grondin, Sandra Labonbard, Blanche Lennington, Howard Lerner, Dick Marx, Gail McGeer, John McGeer, Michael McEnerney, Robert Ronzio,  Edward Woodis

SPECIAL MEETING OPENS at 10:35 AM

Mr. Bonney entertains nominations for Moderator. Hearing none he asks if there are any objections to his acting as Moderator. Hearing none, he will moderate the meeting.

Mr. Bonney recaps the items on the warrant:

  1. Winter Roads $40,000
  2. General Roads $30,000
  3. Waterways $12,000
  4. Accountant $3,000

Mr. Bonney notes that $3,000 will not cover the entire amount due to the accountant. Mr. Ronzio asks for a copy of the warrant as posted. Mr. Bonney says there is one on the bulletin board in the hallway. Mr. Ronzio asks that the language be read. Mr. Bonney reads:
“All funds will be transferred from the money market account to the checking on approval as needed.”
Mr. Ronzio questions the legality of the wording. Mr. Boucher questions the amount slated for the accountant. Mr. Summit says it looks like the 2006 bill was paid in f/y 2007 so that’s why the accounting figure looks so high. Mr. Feit will be back next Friday. Mr. Bonney says the bill just says “accounting services to January 26, 2008” and that Mr. Feit will have to clarify it. Mr. Lerner recalls an incident previously when a transfer was not made in a “state regulated” way and as a result the taxes went up; he wants to know if this transfer today is worded in such a way so that spike in taxes will not occur. There is extensive discussion of this, as well as the status of the stabilization fund which was supposed to be established. No one knows if this has been done yet. Mr. Ronzio says the language on this meeting’s warrant is not correct; Ms. Brownhill agrees. Mr. McGeer opines that the board should consult their lawyer and not listen to advice given from people at the meeting. Mr. McEnerney asks if the increases are due to having to pay prevailing wage. He is told no, the increase in Winter Roads is due to a bad winter and the increase in General Roads is due to wanting to get the road grading back on the schedule it should be on. There is general consensus among committee members that this meeting should be canceled and rescheduled and that the lawyer should be consulted.
Mr. Summit moves to cancel the special meeting and reschedule it.
There is discussion of when to reschedule it for; no date is chosen. Mr. Bonney says he can call a meeting to schedule the special meeting when a date is decided.
Mr. Grondin seconds the motion on the floor. The motion is passed unanimously.

SPECIAL MEETING CONCLUDES at 10:55 AM

REGULAR PRUDENTIAL COMMITTEE MEETING OPENS at 10:55 AM

  • IAW-MGL-CH39-SECTION 23C

 

  • APPROVAL OF MINUTES FROM 3/8/08 and 3/26/08

It is noted that the agenda calls for approval of minutes of a 3/15/08 meeting but that date should read 3/8/08. It is further noted that Mr. Beaudoin is shown as present at that meeting when he was actually not.
Motion made and seconded to accept the minutes of the 3/8/08 meeting with corrections as noted; the motion is passed.
Motion made and seconded to accept the minutes of the 3/26/08 meeting as presented. Mssrs. Bonney, Brownhill, and Grondin approve; Mssrs. Beaudoin and Summit abstain.

  • TREASURER’S REPORT

Mr. Summit reports on accounts through today as given to him by Mr. Feit. There is uncertainty regarding where the money was to come from for the items on the warrant of the special meeting.

    • Warrant Approval:  Mr. Summit recaps the warrant as provided by Mr. Feit, noting there is an error on one member’s pay which must be corrected on the next warrant. Mr. Bonney says the figure for accounting must be corrected too as the total is wrong. Mr. Brownhill proposes approving the warrant but not sending the check to the accountant. Mr. Summit says he will take the check for the accountant back to Mr. Feit. Motion made and seconded to approve the warrant subject to clarification of accounting services; 4 in favor, 1 abstention.
  • ROAD SUPERVISOR’S REPORT

Mr. Bonney reads a report submitted by Mr. LaChapelle stating that since there is still no contract in place only emergency services are being performed. Roads are still wet and icy. Mr. Bonney reports that verbal approval was obtained from Assistant Atty. General Brian O’Donnelly to work on the roads but that costs should be kept down. It is still too muddy to fix the potholes on Jesters Lane.
Mr. Bonney reports that when he met with the Asst. Atty. General he took a copy of MGL along and pointed out sections regarding necessity of signatures on contracts and prohibiting the modification of contracts. The A.G. is now working to sort out both of these issues in relation to B&B. Mr. Summit asks who was present at the meeting with the A.G. and is told:  Mr. Bonney, Mr. Brownhill, Atty. Holland, Brian Piccolo of B&B, Craig Willis of White Wolf, Asst. Atty. General Donnelly and his assistant. Mr. Bonney says that Mr. Piccolo stated at that meeting that he recently lost a contract in Lee for not signing it. Atty. Donnelly advised that work up to $5,000 requires no bid; work from $5,000 to $10,000 requires three phone calls; work over $10,000 must go out to bid.
Mr. Summit says he heard that technically the district had almost no right to be before the A.G. because there was no contract awarded. Mr. Bonney says he was there as per direction of a letter received from the A.G. He says nothing was said to the effect of what Mr. Summit heard.
There is an ongoing issue of a bill for stop signs from 2006.

  • OLD BUSINESS
  • Road Liability Insurance:  Mr. Summit reports that he’s working with Frank Consolati Insurance in Lee and that a rejection has been received from one company and a quote is expected this coming week for one million dollars coverage.
  • Bylaws:  Mr. Bonney has brought the annual meeting issue to the attorney. The culvert issue, he reports, is all cleared up – culvert placement is strictly up to the Road District.

 

  • NEW BUSINESS
  • Unpaid Road Sign Bill:  Previously addressed.
  • Preliminary Budget for 2009:  Mr. Feit did not supply anything to work with for this. Mr. Bonney notes that the Winter Roads account has gone way over for two years in a row. There is discussion of special projects done and the possibility of those costs going into Winter Roads.
  • Mr. Summit reports on items given to him by Mr. Feit:
    • Letter from the state okaying billing to the town
    • Letter from the town saying they will do the billing (which has been done)
    • Copy of MEMA form which will get the district $3,000
  • Mr. Bonney speaks about an email he received from Atty. Holland:  There is discussion of circumstances the meeting with the A.G. Mr. Summit says the committee members should have been notified via email of what took place at the meeting and questions why Craig Willis road to the meeting in the limo with Mssrs. Bonney and Brownhill.
  • PUBLIC PARTICIPATION
  • Ms. McGeer asks who owns the roads and says she’s going to sue for damage to her vehicles.
  • Mr. Ronzio asks whose signature was on the minutes of 2/26 and is told it was Mr. Feit’s. Mr. Ronzio opines that is improper as Mr. Feit was not present at that meeting.
  • Mr. Ronzio notes that no written notations were made and initialed on the warrant approved today.
  • Mr. Ronzio asks who paid for the limo to Boston and how long the meeting there had been known about. He is told the payment for the limo is in today’s warrant and the meeting was known about a week prior.
  • Ms. Devane notes that it seems that a lot of issues are carried over from one meeting to another on a regular basis and asks if some pressure can’t be put on the attorney to get answers and why can’t some of these issues be delegated to various committee members so one person isn’t doing all the work.
  • Mr. Lerner speaks about responsibility for maintenance of the road and the necessity of having insurance to pay for potential litigation.
  • Ms. Brownhill asks what would be the difference between the developer in 1982 and the SFNA now. She says it seems to her that the Road District takes precedence and speaks about a verbal agreement that was made when the district was established that the SFNA would turn the roads over to the Road District.
  • Mr. Ronzio says that in the meeting at the A.G.’s office the A.G. asked Mr. Willis a question and that question was answered by the Road District’s attorney. He asks Mssrs. Bonney and Brownhill if this is true. They both say it is not. Mr. Bonney elaborates by saying that there were questions that the A.G. asked to Mr. Willis, to Mr. Piccolo, and to the Road District; the Road District’s attorney would have answered these.
  • Ms. Devane says if the SFNA owns the roads and the Road District maintains the roads, does that mean that the SFNA supervises the Road District? She is told no, it does not.
  • Ms. McGeer says she has heard that the Road District is paying the accountant to do the monthly books and paperwork that the Treasurer should be doing and asks if this is true. She is told that no, it is not.
  • Ms. McGeer asks what Mr. LaChapelle is being paid for as she never sees him at a meeting. Mr. Bonney speaks to the need for a working road super. Ms. McGeer relates her ideas of what and who should be the road super.
  • Mr. Ronzio speaks to the town’s part time Chief of Police and new Road Super.
  • Ms. McGeer voices more of her opinions regarding the roads.
  • Mr. Ronzio questions Ms. McGeer’s length of residence and speaks about the establishment of the district in 1982.
  • Mr. Lerner speaks about the warrant of today’s special meeting and whether or not it specified the stabilization fund. Mr. Bonney reads the warrant and Mssrs. Lerner and Ronzio argue about whether the funds could have been transferred or not.
  • Mr. Lerner asks for an explanation of whether emergency work has to be put out to bid. Mr. Bonney tells him that up to $5,000 does not have to be put out for bid.
  • Mr. Lerner says that, for the record, he sees a potential conflict of interest in Craig Willis riding to the Boston meeting in the limo hired by the district.
  • Mr. Lerner says the money looks short because the February and May tax bills were combined and the money hasn’t come in yet.
  • Mr. Lerner asks who’s responsible for booking the town hall for meetings. Mr. Bonney says it’s the Clerk/Treasurer’s responsibility but he usually ends up doing it himself. Mr. Lerner tells Mr. Bonney he should double check the date that’s booked for the June meeting because he thinks it’s been booked for a Friday.
  • Mr. Ronzio tells Mr. Bonney that as moderator of the special meeting he should have read the warrant at the opening of that meeting.
  • Mr. Boucher wants a copy of the $60,000 loan taken by the last committee to be at the next meeting, as well as information on the lawyer that was paid $6,000 by them.

 

  • ADJOURNMENT

There being no further business to conduct, a motion is made and seconded to adjourn; unanimous approval.
The meeting is adjourned at 12:27 PM

Respectfully Submitted

 

Marty Feit
Clerk-Treasurer

 

/bl