Sherwood Forest Road Maintenance District

Prudential Committee Meeting

Minutes

Saturday, September 9, 2006

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

Public Present: Patricia McEnerney; Howard Lerner; Kay Lerner; Deb Fitzgerald; Verne Benoit; Fran Benoit; Eva Bonney; Murielle Forster; Lyle Forster; Joyce Brownhill; Bill Brownhill; Gail McGeary; Paulette Feit; Laura Bailey; Justin Bailey; Patricia Mel; Al Viernenik; and Chuck Andrews, Acting Road Superintendent

Meeting called to order: 10:35 a.m.

Approval of Minutes from August 5, 2006

Mr. Ronzio notes that he attended the Conservation Commission meeting to discuss the Sykes Property. A lengthy discussion was had between himself and the Board. It was noted that there are problems and the Conservation Commission will be involved in putting the Road back to its 2002 state.

A motion is made to amend the minutes by adding the following to the last sentence in the fifth paragraph on page 2: The Board is in accordance with approval; seconded; unanimous approval.

A motion is made to approve the amended minutes; seconded; unanimous approval.

Public Participation

Al Viernenik from 26 Paw Lane speaks. Regarding Porcupine Court, he inquires what was done with the asbestos pipe. It is noted that it was an 8 foot pipe that was scattered on both sides of the road. Mr. Viernenik notes that the pipe did not go to the dump and that it went to a lot right across the street from Mrs. Paris’ property. He notes that garbage should not be dumped on the lot. Mr. Ronzio notes that the Road Superintendent will be notified and it will be removed.

Mr. LaChapelle speaks in regards to the Road Superintendent being appointed. He reads from the Conflicts of Interest Law. The following specific acts are prohibited: hiring family members; anything to do with significant involvement or money gains is illegal as far as the State is concerned; as far as relatives – it can be mothers; fathers; brothers; sisters. Mr. LaChapelle notes that there is going to be a conflict of interest if a specific person is hired. A question is asked if a Waiver of Conflict can be requested from the State. Mr. Andrews notes that when he was hired, he filed an exemption from the conflict law with the Becket Town Clerk, as directed by Counsel. It is noted that the Prudential Committee did approve it; however, they do not have a copy of the exemption. Mr. Ronzio notes that a copy of the exemption will be obtained and if the Committee needs to look back to last year’s meeting minutes, they will do so.

Ms. McGeary speaks. She discusses a ditch on Black Arrow Way, located at the first house on the right after Jesters. She notes that water runs out of the ditch, across the road, and makes a puddle – the water goes nowhere. It is noted that the ditch will be looked at and if it needs to be corrected, the Road Superintendent will be notified to do so. Ms. McGeary notes that nice stone is used in the ditches and inquires who pays for the stone. Mr. Ronzio notes that the Road District pays for this stone. Ms. McGeary notes that there are many areas in the Forest that do not have ditches, and residents have stagnant water building up on their properties, causing it to be a wetland. She suggests that the Prudential Committee look into this. Mr. Ronzio notes that Board members and the Road Superintendent are currently looking at all of the road ditches and culverts to evaluate where the priorities are in regards to getting things fixed. He notes that everything cannot be fixed all at once, and that they need to be prioritized. Ms. McGeary inquires about the road that went across the dam to the other side. She notes that there are now boulders that prevent people from going to the spillway. Mr. Andrews notes that about 10 years ago, the Prudential Committee authorized the Road Superintendent to put these boulders on the roadway to prevent any vehicles from crossing the dam. Ms. McGeary notes that homeowners closest to this right of way do not allow people to use the right of way, as they believe it is part of their property. Mr. Ronzio notes that the right of way does not belong to anyone and that people should be able to use it. Mr. Ronzio notes that it is not a Road District issue; however, the Prudential Committee will notify the homeowner that there is a right of way there.

Mr. LaChapelle speaks. He notes that there is culvert pipe that is plugged at the top of Whistling Arrow and King Richard and that it has been like that for months.

There is a request that the meeting minutes from previous meetings and treasurer’s report be made available to the public. Mr. Ronzio replies, “I have no problem with that.”

A request is made to paint the rocks around a culvert on Nottingham Circle to Porcupine Court orange to alert people that there is a hole there. Mr. Ronzio notes that it will be looked at.

A question is asked if the Board has been exploring the option of allowing part-time residents to vote. Mr. Ronzio notes that this has been an ongoing discussion for about seven years, and if any changes take place, all residents in Sherwood Forest will be notified. Mr. Ronzio notes that the Board cannot make any changes; they can only make recommendations, but it is the voting public who will ultimately decide. The Board is awaiting a reply from the attorney regarding how to proceed on this issue. The Board hopes to have this resolved this year. Mr. Brownhill comments that this issue has been looked at by attorney after attorney, that there had been a subcommittee looking into in the past, and it is now back in the Board’s hands – he suggests that the Board get the law from the attorney, that this is legislative by-laws and that they can only be changed by registered voters and that this comes from Boston. Mr. Ronzio notes that this is exactly what the Board has done.

Mr. Forster speaks. He suggests that instead of putting a lien on Mr. Sykes’ property to see if Mr. Sykes would give the District a waiver or do the work himself. He notes that the lien is only going to cause more of an expense to the Road District and if Mr. Sykes performed the work himself or gave a waiver, it would make things easier. Mr. Ronzio notes that the Board will take this suggestion under advisement.

Ms. Bailey speaks. She notes that there are big ditches on both sides of Mountaindale Road and inquires if they will be fixed. Mr. Ronzio comments that he was unaware of this and it will be looked at.

Mr. Lerner speaks. He suggests to the Board that they bring to the voters the suggestion of the Road District paying a percentage or their “fair share” of liability insurance that homeowners have had to pay for all of the infrastructure issues in Sherwood Forest. He goes on to say that every business should have liability insurance and the Road District is a business.

A question is asked about putting the meeting minutes on-line in a more timely fashion. The Board will attempt to do this.

Treasurer’s Report

Mr. Feit notes that there is currently $138,417.15 in the treasury ($149,000 in the new checking account, $38 in the old checking account, and $60,956 in the municipal money market account). The Warrant to be approved at this meeting is for $71,950. Mr. Feit notes that tax money is currently coming, so the account balance will be increasing.

The Winter Roads Budget is $74,000, which is available. The General Roads Budget was allocated $79,000, and the District has already overspent this by $14,000. Mr. Feit notes that out of this $14,000 a lot of the monies were approved from 2005 and he had no where to put it, so he put it in the General Roads Budget. He suggests that a new category be added so that it does not look like the District is overspending. There is $20,000 in the Waterways Budget. Mr. Feit notes that maybe some of the overspending should come out of the Waterways Budget. Mr. Feit notes the actual account balances in all other accounts verse what they were allocated for. Mr. Feit reviews all of the bills on the Warrant. It is noted that Giles Beaudoin’s mowing invoice is for $4,612 and that at a previous Road District meeting, $4,500 was approved for road-side mowing. The Board advises Mr. Feit to pay $4,500 and Mr. Beaudoin will have to resubmit an invoice for the balance. Mr. Feit notes that Mr. Ronzio has found a new storage facility that will cost the District about half of what they are currently paying. The Board reviews the submitted Warrant. It is noted that the total Warrant amount, with the change from Mr. Beaudoin’s invoice, is $71,838.27. A motion is made to accept and approve the current Warrant for $71,838.27; seconded; unanimous approval.

Road Superintendent’s Report

Mr. Andrews notes that five culverts have been replaced and that 800 feet of Greenwood Court was resurfaced. Also, the first entrance to Jesters Lane has been graded.

Mr. Andrews suggests to the Board, upon money being available, that 1,000 feet of surfacing that was not completed under last year’s projects, Bowman Lane to Bridge Paul and ending at Carriage Road, be resurfaced verse doing Sir Walter Court up to Mountaindale. The distance is about the same. Mr. Andrews also notes that all four entrances have been resurfaced. Mr. Andrews is asked, “Why don’t we do some patching on the roads that were done last year, like Jesters Lane, where there are some potholes.” Mr. Andrews replies that filling the potholes doesn’t seem to work, as the rain washes them out again. They have to be dug out first, then patched. It is noted that the new roads that are put in should be maintained. Mr. Andrews notes that he will take care of these potholes. It is also noted that Maid Marion and Wells to Friar Tuck is in bad shape – a lot of potholes.

Communications

Mr. Ronzio reviews the list of correspondence that has come in.

Old Business

Superintendent of Streets Appointment – Candidates for this position are Charles Andrews, John Krutiak, and Dennis LaChapelle. Mr. Ronzio notifies all attendees that the Board must go into an Executive session and asks that all members of the public please step outside.

Meeting adjourns temporarily at 11:50 a.m.

Meeting reopens at 12:30 p.m.

Mr. Ronzio asks the Board if there are any nominations for the Road Superintendent position. Mr. Summit nominates Mr. Charles Andrews; Mr. Giles Beaudoin seconds; Mr. Ronzio asks if there are any other nominations. Mr. Bonney nominates Mr. LaChapelle; Mr. Ronzio calls for a second on this nomination – none; Mr. Ronzio recalls for a second on this nomination – still none. There being no second on Mr. Bonney’s nomination for Mr. LaChapelle, Mr. Ronzio notes that there is one candidate that has been nominated and seconded, Mr. Charles Andrews. Mr. Ronzio calls for vote: there are three yeses in favor of Mr. Andrews; one nay; and one abstains. Mr. Ronzio announces that

Mr. Charles Andrews has been re-elected as the Road Superintendent for the Sherwood Forest Road District.

Workmen’s Compensation – It is noted that there a two people that work for the Road District that require workmen’s compensation, the Road Superintendent and the Clerk/Treasurer. The Board received a letter from an insurance company and the premium is $739 of which $8 is for the Clerk/Treasurer and $378 is for the Road Superintendent, the rest is the standard premium charges. Mr. Ronzio notes that the District has never carried workmen’s compensation on the two positions and it should be. Mr. Summit explains that the charge of $739 is a deposit premium and at the end of the year, the insurance company will perform an audit, the District could owe more or receive a credit. Mr. Summit makes a motion that the District acquire workmen’s compensation from the assigned risk premium calculation pool for the Superintendent of Roads and the Clerk/Treasurer; seconded; no discussion; unanimous approval.

Roads Resurfacing Project on Mystic Isle Way – At a previous meeting, Mr. Summit had made motion to postpone the 2006 resurfacing of Mystic Isle Way. Residents of the road learned of this and were not happy. Mr. Summit requests that the Board put the project back into the 2006 projects to be completed. It is noted that the previous proposed cost to fix the road was $13,000; however, this amount was based on total reconstruction of the road. The work that would actually be done to the road is grading and widening some of the bad curves, so not as much material will be needed. A suggestion is made to make a list of roads that need grading throughout the District – Board members all agree with this suggestion. The Board decides that nothing will be done with Mystic Isle until a list of roads that need grading is completed and the Board determines how much it will cost and if there is enough money in the budget to complete the roads.

Accountant – Mr. Feit informs the Board that the District will have a new accountant. Paul Tsatsos has decided not to continue on with the District due to the fact that he does not have enough staff to help him. Mr. Feit goes on to say that Mr. Tsatsos is willing to help with the transfer of information to the new accountant. Mr. Feit notes that he has talked to Martin Huban, located on Wendell Avenue in Pittsfield, and he is familiar with doing municipal audits and bringing things up-to-date. Mr. Huban also has computer programs to help Mr. Feit bring everything up-to-date for him. Mr. Huban would like to meet with Mr. Feit sometime next week, and Mr. Feit notes that he would like Mr. Ronzio to attend this meeting, and anyone else that is interested. Mr. Feit notes that

Mr. Huban commented that the Board should move ahead quickly, as the 2004 audit has to be done soon, as does the audit for 2005. Mr. Ronzio notes that Mr. Tsatsos has defaulted on what he had agreed to do for the District. Mr. Ronzio goes on to say that he has asked Mr. Feit to look into the books from the last few years to see if anything was paid to Mr. Tsatsos for services the District did not receive. Mr. Feit notes that Mr. Tsatsos was never paid anything by himself; however, he does not know what happened in previous years.

A motion is made to use the accounting firm of Martin Huban; seconded; no discussion; unanimous approval. Mr. Ronzio comments to Mr. Feit that he would prefer the meeting be Friday, September 29^th. Board members also discuss that the District’s paperwork that Mr. Tsatsos has needs to be returned.

<< Mr. Summit leaves the meeting >>

Laura and Justin Bailey’s Tax Bill – Mr. Ronzio notes that First American sent the tax payment to the District and it was deposited into the District’s account. The money should have gone to the Becket Tax Collector to be deposited so Mr. Feit is going to issue a check to the Town of Becket, who will then forward payment to the Road District.

Mr. Ronzio notes that if the Bailey’s incur any late charges to let the District know.

Letter from Mrs. Lambreiz, 265 King Richard Drive – Mr. Ronzio notes that she sent a letter to the Town complaining that water was being dumped on her property.

Mr. Ronzio notes that he visited her property with Mr. Andrews and again with Mr. Beaudoin and it was determined that no water was being dumped on her property, and that water was being dumped on Mr. Wheeler’s property. Mr. Ronzio notes that a letter was sent to her notifying her of what was found and if she had further comments to come before the Board.

Building Committee Report/Office Storage – Mr. Ronzio notes the new storage facility as discussed earlier is located between Becket and Northampton and is considerably less expensive (he could not recall the facility’s name). A motion is made to move the District’s files from Beaver Storage to a less expensive storage facility; seconded; unanimous approval. Mr. Ronzio notes that he and Mr. Feit have visited Beaver Storage, and there are files that need to be disposed of. Mr. Ronzio notes he will e-mail all Board members to let them know the name and location of the new facility.

Culvert Survey – There was brief discussion on how people were proceeding with their territories. A suggestion is made to have the survey results put on the website and then as roads are graded or worked on, the site will be updated to reflect this information. All agree that this is a good idea.

Road Sign Placement – Mr. Ronzio notes that there are a number of signs missing and the Road Superintendent needs to be made aware of this. Mr. Ronzio notes a situation that recently occurred where the Becket ambulance was in the Forest and missed the needed road because there was no sign. Mr. Ronzio suggests that a list be composed of signs that are missing and then this list will be forwarded to the Road Superintendent.

Abandoned/Unregistered Vehicles on Public/Private Roadways – A motion is made to permit Mr. Ronzio to write a letter to the Becket Chief of Police, notifying him of the abandoned/unregistered vehicles on the District’s roads, and asking him to have them removed; seconded; unanimous approval.

New Business

Contracts – Board members discuss how contracts and multiple contracts should be handled. Mr. Ronzio comments that the District wants to have the flexibility to be able to hire the best person/company for the job and the District needs to be able to let people know ahead of time what type of work is being done.

The next meeting is scheduled for Sunday, October 8, 2006.

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

Meeting adjourned: 1:13 p.m.

Respectfully submitted,

Martin Feit

Clerk/Treasurer

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