Sherwood Forest Road Maintenance District

Prudential Committee Meeting

Minutes

Saturday, July 1, 2006

Committee Members Present: Robert Ronzio, Chairman; Jerry Summit, Vice Chairman; Gilles Beaudoin; Michael McEnerney; David Bonney; and Dennis LaChapelle, Alternate Resident non-voting member

Public Present: Chuck Andrews, Acting Road Superintendent; Daniel Andrews; and Ron Boucher

Meeting called to order: 10:38 a.m.

The following committee members are sworn into office for two-year terms: David Bonney, Gilles Beaudoin, and Jerome Summit

Reorganization of the Prudential Committee

Gilles Beaudoin nominates Robert Ronzio as Chairman; seconded; unanimous approval.

Gilles Beaudoin nominates Jerry Summit as Vice Chairman; seconded; unanimous approval.

There is discussion regarding Mr. Brownhill and the removal of his name from the checking account. When Mr. Brownhill resigned, it was his responsibility to go to the bank and have his name removed from the account; however, he did not; therefore, the Road District voted to turn the matter over to its lawyer. Actual cost for lawyer is $597.

Approval of Minutes from June 3, 2006

Mr. Summit moves to approve as presented; seconded; unanimous approval.

Approval of Minutes from Annual District Meeting, June 24, 2006

Mike McEnerney moves to approve as presented; seconded; unanimous approval.

Road Superintendent’s Report

Rain has caused delays - waiting for a dry spell to continue grading. The intersection of Sherwood Drive and Sir Walter Court is a low spot, very wet area. Once dry the road will need repairing. Mr. Andrews also notes that the District received FEMA money from the floods and he recently signed paperwork for the District to receive NEMA money, these funds will come from the State of Massachusetts.

There is discussion on the proper procedure for getting incoming bills paid. Most bills should be turned over to the Road Superintendent, who will then forward them to the Finance Committee for review. The bills will then be placed on a Warrant for Board members to approve payment of.

Mr. Andrews notes that he has received a few complaints from residents on Hilltop and Sir Walter Court. There is discussion on whether or not a permit is required for drainage ditches. Mr. Andrews notes that a permit is not always needed; however, when in doubt it should be discussed with the Conservation Commission.

Public Participation

Mr. Boucher inquires when roads will go out to bid. It is explained that this Board has just reorganized with new members and the Board will have a discussion on how they will proceed. Mr. Boucher also states that he feels the Board should revisit the White Wolf bid. It is explained that it is an ongoing issue and the Board will look into it. Mr. Andrews notes that it is not an ongoing issue, as the White Wolf bid, along with all others submitted, was rejected. It is also noted that the bids went to the Board’s attorney, and the attorney got back to the Board that all bids were rejected. There is discussion that no one ever saw the letter from the attorney and it is noted that the attorney in question no longer represents the Board. Mr. Boucher states that he feels taxpayers are being “ripped off.” Mr. Andrews takes offense to Mr. Boucher’s statement. Mr. Andrews brings up a past issue regarding Mr. Willis, a former employee, and that he feels Mr. Willis “ripped off” the District by $1,400 for roadside mowing. This issue also involved Mr. Beaudoin. Mr. Beaudoin is asked if he has anything to say about Mr. Andrews’ remarks. Mr. Beaudoin states, “White Wolf, at that time, probably should have sent me a 1099 at the end of the year but none of it came up and nothing was ever sent to me.” Mr. Andrews felt that his position had been degraded at a former meeting.

Communications

Berkshire Bank Statement Municipal Money Market and Now Checking Account – Mr. Feit notes that he is in the process of closing out the old checking account and has opened a new one, transferring the money from the old account to the new. The balance in the checking account as of 7/1/06 is $182,557.90, which includes a deposit made on Thursday, June 29, 2006. The old checking account had $28,360, which was transferred to the new account. The Money Market account has a balance of $60,586. Mr. Feit notes that all outstanding bills have been paid with the exception of what he has received today and that a Surety Bond for himself also was paid in the amount of $975. Mr. Feit inquires from the Board if he can move money from the checking account to the money market account and then back to the checking account if needed, as he had heard of a $38,000 issue that he did not want to get involved in. Mr. Ronzio states that the books have not been balanced since 2004 and that the State is aware of this. Mr. Ronzio and Mr. Feit have an upcoming meeting on Thursday, July 20 to go over this situation and it is suggested that the money stay in the checking until further clarification is received.

There was brief discussion on the list of correspondence on the agenda, most of which were invoices, which Mr. Ronzio noted in the future will not go on the correspondence list, they will just be forwarded to Mr. Feit to go on an upcoming warrant for payment.

Old Business

Auditor’s Report – Mr. Ronzio notes that Mr. Paul Tsatsos, a CPA in Southwick, Massachusetts has been reviewing the books for the District. Mr. Tsatsos has suggested to leave Fiscal Year 2004 alone, as there is not enough to pursue, and focus efforts on cleaning up Fiscal Year 2005 and 2006. He will not charge the District for 2004. The Board should reallocate the funds from 2004 ($6,000), and move them forward to have Mr. Tsatsos clean-up 2005 and 2006. He also is willing to start the 2007 books. It was noted that the State is good with the District’s figures through June 30, 2004. Mr. Tsatsos would be acting as an accountant, not an auditor, because the books need to be cleaned up before they can be audited.

Workmen’s Compensation Application – Need to get in touch with Dick Tallberg.

Office Storage – Need to renew storage agreement with Beaver Storage. Cost is $90 per month.

New Business

Establish Monthly Meeting Calendar Dates – Proposed meeting dates for the remainder of the year are: August 5, 2006; September 9, 2006; October 8, 2006; November 4, 2006; December 2, 2006; January 6, 2007; February 3, 2007; March 3, 2007; April 7, 2007; May 5, 2007; and June 2, 2007 for the Annual Meeting. A motion is made to approve the proposed meeting dates; seconded; four in approval; one nay; approved.

Appointment of the District’s Superintendent of Streets – Mr. Andrew’s requests that the Board accept resumes for the Superintendent of Streets position and that the Board review and accept proposals for roadside mowing. It is noted a description of the Superintendent’s job is in the By-Laws. A motion is made to advertise the position of Superintendent of Streets in the “Country Journal,” and “The Berkshire Eagle,” and that Mr. Andrew’s continue as acting Superintendent on a month-to-month basis; seconded; unanimous approval.

Appointment of the District’s Attorney/Legal Counsel – The district currently uses Aaronson & Lucido and would like to continue to do so. There is discussion about the concern of attorney bills being run-up by District Board members who could contact the attorney at anytime. To remedy this, there is discussion on having one person be the contact for the Board and the attorney’s office. The Board determines that the Chairperson, Robert Ronzio, and the Clerk/Treasurer, Mary Feit, have the authority to contact legal counsel when needed. When the attorney is contacted, Board members would like to receive an e-mail informing them of the nature of the matter.

A motion is made to hire and continue using Aaronson & Lucido as the Attorney/Legal Counsel for the District; seconded; passes unanimously.

Accounting Firm - Currently using Mr. Paul Tsatsos, in Southwick, Massachusetts. Mr. Feit will research using someone locally, might be able to save some money. Mr. Feit will bring his findings back to the Board at the next meeting.

Any Other New Business – A question is asked of who are the signatories for the Board’s bank accounts. The Board is informed that the Clerk/Treasurer, Marty Feit, is the only one that can sign checks or transfer money from the Board’s checking and money market accounts. Before anything can be paid however, items must first go to a Warrant, where Board members must sign and approve each item.

Road/Street Sign Placement – Many street signs are missing or lying on the ground. Board needs to address this issue and fix it. A suggestion is made to move the signs 10 feet or so down the road to possibly avoid them being knocked down by snow plows in the winter. Mr. Ronzio will discuss the standards for placing road signs with the Becket Highway Superintendent.

Mapping of Culverts – There is discussion on this topic. It is noted that homeowners are responsible for their damaged driveway culverts. Mr. Ronzio notes that the Board needs to republish the District’s By-Laws. Maps are passed out to all Board members who need them and territories to be covered are as follows:

· Mr. Ronzio – Nottingham to Porcupine Court

· Mr. Bonney – Pinedale Circle to Excalbur Lake

· Mr. Beaudoin – Lancelot, King Arthur, Little John, and parts of Sir Gallihad

· Mr. Summit – Sherwood, King Richard, Allendale

· Mr. McEnerney – Nottingham Circle and Old Carriage Road area

· Mr. LaChapelle – Old Carriage Road area

Stretch of Road Where Will Scarlet and Sherwood Drive Intersect – It is noted that the Road is heavily traveled and in bad condition. A motion is made to have the Road Superintendent evaluate the condition of the Road and estimate the cost to resurface the Road; seconded; unanimous approval.

Damage on King Richard – Two trucks doing tree work for a new homeowner on the Road has caused damage to the Road. A suggestion is made to send a letter to the homeowner notifying them that they need to pay for the repair or fix the Road. After some discussion, the Board decides to first have the Road Superintendent informally talk to the homeowner about repairing the damage. If the homeowner does not respond, the Board will then send a formal letter.

38 Black Arrow Lane – A homeowner is concerned about the drainage ditch in front of their property. The Board is asked if it can “dress up” the ditch some.

Septic on Little John – A letter was sent by the Road District to the DEP. It is noted that the problem is that the ditch cannot hold water because they brought the embankment from the septic system right down to the travel way. Water is now washing across Road and affecting three other houses. Mr. Ronzio notes that it is not the District’s responsibility, it is the homeowner’s responsibility to fix. Mr. Ronzio states that he will meet with the DEP.

Road-Side Mowing and Brush Cutting and Pruning – Mr. Beaudoin submitted proposals to the Board for road-side mowing and for brush cutting and pruning. Based on last years billing, the proposal for road-side mowing is $4,500 (100 hours @ $45/hour). The hours cannot be determined for the brush cutting and pruning and would be billed at $40 per hour. Because Mr. Beaudoin is on the Board, he cannot vote on this issue. There is discussion and concern on whether or not these jobs have to go out to bid or if the Board can accept the submitted proposal from Mr. Beaudoin. Mr. Beaudoin performed the road-side mowing last year. Mr. Ronzio will check with the District’s attorney if the jobs have to go out to bid and also if there is a conflict with a Board member submitting bids to the District. A motion is made to accept the road-side mowing proposal from Mr. Beaudoin for $4,500, upon approval from the attorney first; seconded; passes unanimously.

A motion is made to accept the brush cutting and pruning proposal from Mr. Beaudoin for $40 per hour, upon approval from the attorney first; seconded; passes unanimously.

Michael McEnerney – A motion is made to pay Mr. McEnerney for the three months he performed the functions of Clerk for the Board at $250 per month, a total of $750; seconded; unanimous approval. A suggestion is made to donate the money to Mary Ellen. Subsequent to the meeting, Mr. McEnerney sent Mr. Feit an e-mail declining payment for his services. Mr. Feit sent back a reply acknowledging and will discuss at the August 5, 2006, meeting.

There was a lengthy discussion of the practice of hiring multiple contractors. Chuck addressed the problem of possible conflict of interest. He has filed his declaration, and has included the Prudential Committee in the hiring process because he does not want any questions to arise regarding conflict of interest, even though the By-Laws give the Road Superintendent the power to hire contractors. However, the point was made that Prudential Committee members have no authority to hire contractors or instruct them in their duties. All hiring and instruction must come from the Road Superintendent. The questions of length of contract and summer maintenance vs. winter maintenance were discussed. The subject of prevailing wage and its impact on the contractor and the District was also discussed.

The next meeting is scheduled for Saturday, August 5, 2006.

A motion is made to adjourn; seconded; unanimous consent.

Meeting adjourned: 1: 10 p.m.

Respectfully submitted,

Martin Feit

Clerk/Treasurer

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