Sherwood Forest Road Maintenance District Prudential Committee Meeting

Approved Minutes

Saturday, February 3, 2007

Committee Members Present: Robert Ronzio, Chairman; David Bonney; Michael McEnerney; ;and Gilles Beaudoin

Committee Members Absent: Jerry Summit, Vice Chairman

Public Present: William Brownhill, Joyce Brownhill, Celia Boucher, Jerry Grondin, Robert Guevin, Ron Boucher, Eva Bonney, Patricia McEnerney, Jim Griffin, Linda Searles, Paulette Feit, Linda Shaw, Gail McGeer, and Chuck Andrews, Road Superintendent

Meeting called to order: 10:31 a.m.

Reading of Minutes from January 6, 2007 Meeting

Mr. Bonney notes that on page 5 under Amending District By-Laws, Item 3, the vote was 4 Yea, 1 Nay. He would like his name attached with the Nay. Mr. Bonney would also like his reason for voting nay to be included in the minutes. Mr. Ronzio asks Mr. Bonney to write his reasons down and forward them to Mr. Feit so that they can be included in the revised minutes. Mr. Ronzio notes that under the Public Present and Public Participation sections, Allen LaBonbarb and Sandra LaBonbarb’s last name should be spelled LaBombard.

Mr. Ronzio also notes that under Public Participation on page 1, the sentence beginning, “A Mr. McGeer makes a suggestion,” the first word “A” should be stricken. A motion is made to approve the amended January 6, 2007 meeting minutes; seconded; unanimous approval. There is discussion among Board members about receiving the unapproved minutes prior to the meetings so that members have enough time to review the minutes. A motion is made that as soon as the meeting minutes are typed from the tape recordings that they be sent out to all Prudential Committee members so that feedback can be offered; seconded; no discussion; passes unanimously.

Public Participation

Mrs. Brownhill inquires where it states in the laws that State Law takes precedence over a Special Act. She reads from Chapter 39, Section 24. Mr. Ronzio asks that she re-read the last section that says “any general law or special act.” He notes that Massachusetts General Law takes precedence. Mrs. Brownhill thinks that it violates the Special Act for the Road District. Mr. Ronzio notes that later in the meeting, the Board will discuss a meeting with the attorney that will be held on Saturday, February 24, 2007, and residents of the Road District are invited to attend this meeting to ask any questions that they may have.

Robert Guevin inquires, “Who is responsible for the dams and access in Sherwood Forest?” Mr. Ronzio notes that the spillways and dams in some locations (such as the road across the earthen (dam) at the south end of Little Robin Lake and the outfall pipe which crosses Sir Galahad Drive at the east end of Lancelot Lake) are part of the roads so the Road District is responsible to repair the roads should they washout. Mr. Ronzio goes on to note that should a dam washout, the Road District most likely would have full responsibility to fix/correct the problem and restore the roadway. Mr. Andrews notes that in the late 90s, the Prudential Committee voted to block the dam on Little Robin so that traffic could not pass over it. Mr. Ronzio notes that just because a road is blocked does not mean that it has been abandoned and that in order to abandon roads, there is a legal process that the District would have to go through. Mr. Guevin notes that the District probably does not have the funds to correct/fix the problem, should a dam give way.

Mr. Ronzio agrees that within the District’s fiscal year budget there is not sufficient funding but the District could borrow money. Mr. Ronzio then explains RAN (Revenue Anticipation Note). He explains that the State allows districts that do not have money in the current budget to fix unanticipated catastrophic problems, to borrow the money with the anticipation of the revenue to come in at a later date. He notes that this may be something that the District would have to look into should a problem arise. There is a suggestion that the road be taken off the map (abandoned) as it continues to deteriorate and cost the District money to maintain.

Ms. McGeer suggests taking the boulders and moving them closer to the spillway so that car traffic could not travel over it. Mr. Ronzio asks the Board what they would like to do about this situation. Mr. Bonney suggests it be discussed with the attorney to determine who is legally responsible for it.

Mr. Griffin speaks. He comments on a situation that happened a few years ago, where somebody did drive over the spillway, but drove on the Wheeler’s property to avoid the boulders. Mr. Ronzio notes that the Board will look into this situation further.

Ms. Searles comments that she would like to see the District keep all of its roads, even if some of them are designated for only walking, picnicking, or biking.

Ms. McGeer asks that copies of the meeting minutes be made available to the public.

Mr. Andrews comments on making the unapproved minutes available and that he feels that it could become a sticky situation with different versions of the minutes in the publics hands. Mr. Ronzio notes to Mr. Feit that the unapproved minutes should be sent out as write protected pdf files.

Treasurer’s Report/Reading of Warrant

Mr. Feit notes that there is currently $191,191.52 in the account at Legacy Bank and that the municipal money market account has $61,741.37. The total in the treasury is $152,932.89. The Warrant to be approved at this meeting is for $15,717.21. After this month’s warrant is paid, the balance in the treasury will be $137,215.68. Mr. Feit notes that a current problem with the money market account is that the money in the account cannot be used until a special meeting is held to transfer appropriate funds. He goes on to say that a special meeting to allocate this money should be held in a few weeks. At the next meeting, the Board will make a suggestion to create a stabilization fund and put some of the municipal money market funds into this fund, which will allow the Board to use the funds to fix some of the road problems. Mr. Feit notes that he and Mr. Ronzio have met and developed a preliminary budget for fiscal year 2008, which will be presented to the Board at an upcoming meeting. Mr. Feit notes that 3^rd quarter preliminary tax bills have been mailed out and the expected revenue from these taxes is $64,129. He also notes that the accountant has finished with the audit and everything is on QuickBooks, which has been loaded onto his computer. He informs the Board that he now has a history of 2004 – 2006, so any information that the Board is looking for in terms of monies spent can be quickly referenced from his computer. Mr. Feit goes on to say that he keeps the records up-to-date on a monthly basis and the accountant will audit his work on a quarterly basis. The cost for auditing on a quarterly basis will be about $4,000 per year. The cost for the completed audit will be about $4,000 less than what was budgeted for. Mr. Feit reviews the budget with the Board. Mr. Feit reviews the Warrant, which totals $15,717.21.

Mr. Feit reviews the requirements for 1099s noting that anyone who made over $600 has to receive a 1099 or other IRS reporting documentation. These have been mailed out. Mr. Feit notes the interest earned during 2006 from Berkshire Bank was $224 and from Legacy Bank $133. Mr. Feit notes that he has contacted Dennis LaChapelle, Alternate Resident Board member, several times to obtain his social security number so that a 1099 can be sent to him; however, Mr. LaChapelle has not responded to any of these requests. Mr. Ronzio suggests that a certified letter be sent to him. Mr. Bonney inquires about funds spent on the attorney and how much of what has been spent pertains to the By-Laws. Mr. Feit comments that since he has been in office all Board members have received copies of all bills and he suggests that Mr. Bonney review the attorney invoices, which will state what the charges were for. He offers Mr. Bonney further assistance should he need it.

Mr. Bonney inquires about an overpayment to Andrews Excavating from 6/2/06 – 6/8/06 in the amount of $810 and from 8/2/06 – 8/31/06 in the amount of $1,105. He goes on to note that Gilles Beaudoin is owed $22.05. Mr. Feit notes that when he pays a warrant he double checks his math by running an adding machine tape, which is attached to each warrant; however, he will look into Mr. Bonney’s findings.

A motion is made to accept and approve the current Warrant for $15,717.21; seconded; unanimous approval.

Road Superintendent’s Report

Mr. Andrews notes that a few weeks ago he met with representatives of the Becket Conservation Commission regarding the Sykes property and the way it was left was that the representatives were going to report back to the full Board of the Conservation Commission. Mr. Andrews comments that he feels the District has done what they were supposed to do and it should no longer be an issue, unless the Conservation Commission decides otherwise. Mr. Andrews notes that he has been doing a lot of sanding of the roads. He notes that as requested at the last meeting, some work has been done on Jesters Lane, which he isn’t completely happy with how it turned out; however, he notes that it is January, and also potholes have been filled on Sherwood Drive. He also notes that he did some work on Black Arrow. Mr. Bonney inquires about Sir Walter Road. Mr. Andrews notes that it will be fixed to be passable. Mr. Bonney inquires as to how high the priority is to resurface Mystic Isle Way. Mr. Andrews replies that he feels it has no priority. He goes on to say that it requires little maintenance and that he could do something on the road similar to what was done on Greenwood Court. Mr. Bonney inquires if any material was used to fix the Sykes problem. Mr. Andrews comments that no materials were used, the bill should have been about $825, and it was for machine and truck.

Communications

Mr. Ronzio reviews the list of correspondence that has come in. There is discussion on the following:

E-mail and Letter from Mr. David Herbert Tri-State Drillers regarding Well Located in Right-of-Way in front of 330 Prince John Drive – Mr. Ronzio notes that a certified letter was sent to Tri-State Drillers giving them until January 31, 2007 to reply. David Herbert replied on January 31 via e-mail, which Mr. Ronzio reads to the Board. There is discussion on whether Mr. Herbert is telling the truth and how the Board would like to proceed. A motion is made to send a letter to the Becket Board of Health and the DEP informing them of the situation; seconded; no discussion; motion passes.

Letter from Becket Conservation Commission regarding 164 Alan-a-Dale Drive – Mr. Ronzio notes that this was discussed under the Road Superintendent’s Report and that he would like to send a letter to the Becket Conservation Commission regarding what took place at the meeting between Mr. Andrews and the representatives from the Conservation Commission. A motion is made to send a letter to the Conservation Commission regarding the meeting; seconded; discussion – Mr. Bonney inquires why he was not able to represent the Board at the meeting between Mr. Andrews and the representatives of the Conservation Commission. Mr. Andrews notes that there should not have been any Board representation as it was his job as Road Superintendent.

Mr. Ronzio explains to Mr. Bonney that there are only two elected Board members that can speak officially on behalf of the Prudential Committee, the Chair and in the absence of the Chair, the Vice Chair. Other members cannot speak officially for the Board. Motion passes.

Old Business

Accounting Firm, Brazee & Huban regarding Accounting Close-out of 2005/2006 Treasurer’s Books and Establishment of an Automated Bookkeeping System Using QuickBooks – Mr. Ronzio notes that now that the books are closed out, they also have to be closed out with the State and Mr. Feit will be working on this next. Mr. Feit has left a message with his State contact, Jim Podollock, MA DOR, and he will report back at the next meeting with what needs to be done.

Building Committee Report/Office Storage – Mr. Ronzio notes that this is ongoing.

Culvert Survey – Mr. Ronzio notes that this is still ongoing.

Road Sign Placement – Mr. Ronzio notes that Mr. Andrews, Road Superintendent, was asked at the last meeting to compile a list of all missing signs. Mr. Andrews notes that this has not been done yet. This item will be discussed further at the March meeting.

Abandoned/Unregistered Vehicles on Public/Private Roadways – Mr. Ronzio notes that most of the vehicles have been moved; however, there is still one that has not been moved and he will bring it to the Becket Police Chief’s attention.

Winter Road Preparation: Sand/Salt of Materials – Mr. Ronzio confirms with

Mr. Andrews that he is currently all set and notes that this is ongoing.

Roads Resurfacing Projects Mystic Isle Way, Sir Walter Court, and Remainder of Jester’s Lane – Mr. Ronzio notes that as Mr. Feit discussed earlier, nothing can be done until a Special Meeting is held to move money around to the various road accounts. This will be carried forward to the March meeting.

Equipment Purchase Feasibility Study (Bonney and McEnerney) – Mr. Bonney comments that a building will be needed if the District begins to obtain its own equipment. He notes that over the last year, he has calculated the following expenses that the District has paid out: $12,500 for raking with the tractor; $11,130 for grading; $16,000 for backhoe use; and $14,000 for a one-ton dump truck with sanding. A total of about $54,000 was spent on using equipment for the District. There is discussion on

Mr. Bonney preparing a list of all of the equipment that the District would need to purchase. There is also discussion on the cost of insurance and labor should the District obtain its own equipment. The discussion goes on to cover the maintenance of equipment and the tools that would be needed to perform all necessary maintenance.

Mr. Bonney will continue looking into the costs and bring his findings to the next meeting.

Road Maintenance Priorities – It is noted that this is a work-in-progress and will be further discussed at upcoming meetings.

Memorandum of Understanding: Sherwood Forest Neighbor’s Association regarding Right-of-Ways, Ownership, and Responsibilities – Mr. Ronzio notes that this is ongoing.

Deteriorating Condition of the Spillway and the Right-of-Way which Traverses the Earthen Berm (dam) at the Southern End of Little Robin Lake – Mr. Ronzio notes that this was discussed earlier in the meeting.

Budget Preparation for FY 2008 – Mr. Ronzio notes that he and Mr. Feit met to develop a preliminary budget. Mr. Ronzio asks Mr. Feit to change the last column in the FY2006/2007 Operating Budget form to read Preliminary 2008 and show what they are proposing. Mr. Feit does not have the preliminary budget with him, but from memory believes that the budget came in around $235,000 opposed to this year’s $229,730. He notes that a stabilization fund was added and $50,000 - $60,000 out of the stabilization fund was put into road categories so that improvements could be made. He goes on to say that some of the categories dollar amounts changed – the accountant fund went down, the attorney fund went up, the salaries remained the same, and the budgets for the winter roads and general roads also remained about the same. Mr. Ronzio requests that copies of the preliminary budget be made available to all Board members at the next meeting.

Special Meeting Date for FY 2007 Budget Reallocation of Funds – Mr. Ronzio reads from a letter that will be sent to all property owners in the Sherwood Forest, titled “Important Notice Concerning All Sherwood Forest Lot Owners.” The letter notes that a special District meeting will be held at the Becket Town Hall on Saturday,

February 24, 2007, at 11:00 a.m. and that the District’s representatives will be available to answer all questions. At the bottom of this letter, there is a request for lot owners to check off whether or not they are in favor of full voting equality for all residents in Sherwood Forest or whether they wish to leave the existing voting system in place. Lot owners are asked to mark their choice and return the bottom half of the letter to the SFRMD. There is discussion from the public regarding the costs involved in having this meeting (mailing costs, labor, and attorney costs) and whether the Board has the right to spend money on this without the publics’ vote. There is a lengthy discussion from the members of the public regarding their right to speak regarding all items that the Board discusses, and that they should not have to speak only during the Public Participation section of the meeting. Mr. Ronzio notes that the Prudential Committee runs its meetings just as any other Town meeting is held and he has never told anyone that they cannot speak. He does note that if people get out of hand and unruly, he will stop the conversation and remind members of the public of what the open meeting law is.

Mr. Ronzio reviews the content of the letter again and notes that originally the Board wanted to mail the letter with the Road District’s tax bills; however, they encountered a problem so the Board decided to mail the letters by themselves. Mr. Ronzio notes that he will forward the final copy of the letter to Mr. Feit and because he cannot sign it electronically he will use the symbol /s/ to represent his signature. The expected cost to mail this letter to all lot owners including the labor involved will be $500 - $600. A motion is made to mail the letter to all property owners via regular mail using the mailing list that the tax bill service uses; seconded; no discussion; the chair calls for a vote –

4 yea; 1 Nay (Mr. David Bonney); motion passes. The letter will be sent out next week.

Work Orders – Mr. Ronzio notes that Mr. Andrews, Road Superintendent, is no longer present; however, Mr. Bonney wishes to discuss this item. Mr. Bonney comments that if the Road Superintendent is not going to do a work order, why can’t the Board prepare them. There is discussion on if there was a work order form it would require

Mr. Andrews to fill out how much material and labor went into the job. Currently, invoices from Mr. Andrews only have a lump sum amount and do not breakout the individual costs. Mr. McEnerney will obtain a copy of a work order and forward it to

Mr. Feit who will create a form for the District. A newly created form will be brought to the next meeting.

Contractors – It is noted that the District has multiple contractors. Mr. Bonney comments that he will checkout the prevailing wage laws. There is lengthy discussion regarding having a single contractor or multiple contractors and whether it is necessary to go out to bid.

Any Other Old Business – None.

New Business

Issue 1099s, W-2s, and 2553s – Mr. Ronzio notes that he has already discussed these items with Mr. Feit.

Informational Meeting District-Wide Voting – Mr. Ronzio notes that this has already been discussed.

Any Other New Business – It is noted that the culvert on Lancelot was frozen. It has been cleaned out and the water is flowing again; however, there will most likely be another problem with the culvert in the future. Mr. Ronzio explains how the culvert has been previously fixed. He goes on to note that this culvert has been an ongoing problem and it needs to be maintained or the road will washout. He also notes that should that occur, property located across from the culvert will end up with a water problem, which will then become the District’s problem.

The next meeting is scheduled for Saturday, March 3, 2007.

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

Meeting adjourned: 12:58 p.m.

Respectfully submitted,

Martin Feit

Clerk/Treasurer

cew

Signed____________________________________ Date_________________

Robert Ronzio, Chairman

Signed____________________________________ Date_________________

David Bonney

Signed____________________________________ Date_________________

Gilles Beaudoin

Signed____________________________________ Date_________________

Michael McEnerney