SHERWOOD FOREST ROAD MAINTENANCE DISTRICT

Prudential Committee Meeting

January 7, 2006

Minutes

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

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

Public: See sign-in sheet

The meeting was called to order at 10:42 a.m.

The minutes of the meeting of December 3, 2005 were distributed and read. Dave Bonney moved to accept the minutes as presented; Bob Ronzio seconded; motion passed.

The Treasurer's report was distributed and read. Bob moved to accept the Treasurer's report as read; Dave seconded; motion passed.

Warrant #8 in the amount of $34,383.27 was read. Dave moved to accept the warrant as read; Bob seconded; motion carried.

Road Superintendent's Report: Regarding an e-mail received from Shepard/Beaupre, Chuck reported that this involves a driveway culvert. After a lengthy discussion regarding responsibility for that culvert installation, it was decided that a letter will be sent informing them that the issue will be addressed in the spring, at which time we will get back to them. Chuck also reported that there has been some ditching done on road District property in front of the Harry Sykes property. There followed a lengthy discussion of this problem. Dave moved that the Superintendent's Report be accepted; Bob seconded; motion passed.

OLD BUSINESS

Spoja Letter: Chuck noted that he went to the Board of Health. He was told there wasn't any plan. He asked the Board of Health if there was a plan for the septic system, and explained the problem. The answer was that this should be taken up with the engineer. Bill moved that the letter be sent to Spoja with an additional copy to be sent to the state DEP; Dave seconded; motion passed.

Contract: Changes to the contract draft sent by the attorney were made regarding insurance coverage to add "in the minimum amount of $1,000,000.00 for employees and agents" to Section 5b, workmen's compensation, and to omit paragraph 1.2a in Section I requiring that any damage caused by the Contractor be corrected by the Contractor upon completion of the work agreed to. The Workmen's Compensation Certificate should also include SFNA as additionally insured and to change Section 6.7 to "indemnify, defend and hold SFRMD and SFNA and its successors, etc. . ." 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 was discussed. The subject of prevailing wage and its impact on the contractor and the District was also discussed.

Audit: Maryellen noted that the auditor should have his report ready on a week to 10 days. Workmen's

Compensation: Maryellen reported that the cost would be $190.00 per year to cover $100,000 per accident, with $100,000.00 for her and $500,000.00 for Chuck. Bob moved to accept workmen's compensation and get it for the District employees. The motion was seconded and passed.

NEW BUSINESS

Status of FEMA application: Maryellen reported that meticulous documentation is needed which requires a careful examination and breakdown of all invoices. She has received a copy of the Federal Code Regulations for FEMA and will supply copies for the Prudential Committee. Bob proposed that $200.00 be set aside to provide clerical assistance to Maryellen in preparing the FEMA documentation. Dave seconded; motion passed.

Bob moved to accept the preparation of the stuffer for the tax bills at a cost of $75.00. Dave seconded; motion passed. Bill asked for a motion moving back to two meetings per month. Dave so moved; Mike seconded; motion passed. The next meeting will be held January 21, 2006. Bob moved to prepare a warrant for a special meeting to be held at 11:00 a.m. February 4, 2006 to consider the change in the By-Laws regarding curb cut permits and related issues. Dave seconded; motion passed. There was a brief discussion about moving Public Participation to the top of the agenda. No decision was made at this time, but it was agreed that it is up to the Chairman to make a change in the Agenda as he sees fit. But it was recommended that Public Participation be placed third on the Agenda at the next meeting.

PUBLIC PARTICIPATION

Al Barvenik noted that, due to the large pile of snow left in front of the mail boxes, the mail person could not deliver the mail after the snowstorm. Chuck explained that, although the District had plowed in front of the boxes, no one has been designated to shovel the snow left by the plow. Also, the mail boxes will not be open until the storm is over. There was much discussion over who is responsible for maintenance of the areas in front of the mail boxes. It has never been determined who owns the land under the boxes. The old SFNA took care of it in the past. There was a lengthy discussion among Harry Sykes, the Committee, and Chuck. Chuck told Mr. Sykes that in the spring he will be willing to address the problem and seek a solution. Jim Griffin spoke in behalf of the Forsters, whose property is being affected by the actions taken by Mr. Sykes regarding the culvert. Discussion ensued regarding the legal status of the culvert in question. Bob pointed out that the problem for the District is that on December 3 Mr. Sykes moved a culvert on to Road District property without authorization from the District. Bob moved that a letter be sent to Mr. Sykes; motion seconded and passed.

There being no further business to come before the meeting, Bob moved to adjourn; Dave seconded; motion passed.

The meeting was adjourned at 12:56 p.m.

TRUE COPY

Maryellen Lake

Clerk/Treasurer