Sherwood Forest Road Maintenance District Prudential Committee Meeting

Approved Minutes

Saturday, December 2, 2006

APPROVED MINUTES

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

Public Present: Joyce Brownhill, Bill Brownhill, Eva Bonney, Ron Boucher, Jim Griffin, David Devane, Nancy Devane, Lyle Forster, Murielle Forster, Paulette Feit, Al Barvenik and Chuck Andrews, Road Superintendent

Meeting called to order: 10:30 a.m.

Mr. Ronzio reads from the Massachusetts General Laws, Chapter 39, Section 23C, Regulations of Participation By Public at Open Meetings. Mr. Ronzio gives all Board members a copy of the Open Meeting Law. All Board members, with the exception of Mr. Bonney, sign that they received a copy of the Open Meeting Law. Mr. Ronzio offers copies of the Open Meeting Law to the public present.

Reading of Minutes from November 4, 2006 Meeting

Board members request that the minutes are made available sooner so that they have the opportunity to review them prior to the meeting. A motion is made to approve the November 4, 2006 meeting minutes; seconded; unanimous approval.

Public Participation

Mrs. Brownhill speaks. She notes that on January 28, 2005, Mr. Ronzio sent an e-mail on the Road District’s website to someone who was asking about ways to change the By-Laws. She notes that Mr. Ronzio seemed to have good knowledge on how to change them at that point and she inquires what has changed his mind and why is the Road District paying a lawyer for information that they already have. Mr. Ronzio replies that he is not a lawyer and that although the Board can attempt to change By-Laws, it should be done under the advice and consent of an attorney because any By-Law change that is made is subject to review by the Secretary of State Office of the Commonwealth of Massachusetts. Therefore, he notes that changes to the by-laws should be reviewed by the district’s attorney for compliance with Massachusetts General Law, the By-Laws of the Road District, and the Special Act of 1982. Mr. Ronzio notes that over the past several years, various review subcommittees appointed by the Prudential Committee have met regarding changes to the Special Act, Chapter 380 of the 1982 Legislative Acts commonly referred to as the enabling legislation and the SFRMD’s By-Laws; however, there has been no action taken by the Prudential Committee regarding the subcommittee’s recommendations during that same period. The only decision that the Prudential Committee ever made was to forward the proposed changes to the district’s attorney for review. Furthermore, when questions arose from the residents the Prudential Committee’s response was that the documents were in the attorney’s hands. This tactic effectively stonewalled any further action despite continued public requests.

Mr. Brownhill speaks. He inquires if the lawyer is supposed to state the law or his opinion of the law. Mr. Ronzio comments that the state legislature writes law and attorneys do there best to interpret the law for their clients in their clients best interests.

Mr. Barvenik speaks. He inquires if the audit has been finalized or if it is still ongoing.

Mr. Ronzio notes that the audit has been suspended since the auditor refused to continue with it claiming he no longer had the resources to complete the action. The district books he was provided were subsequently returned and have now been turned over to a new accounting firm. Mr. Ronzio notes that there has been no cost incurred by the district in the last two years regarding the audit because the auditing firm had not been advanced any funds and they would not be requesting payment since they failed to complete the required work. Mr. Feit notes that the new accounting firm recently hired by the district is about 95 percent complete in getting the books up-to-date and that at the January 2007 meeting, he should have a full report.

A question is asked regarding Road Projects. Mr. Ronzio notes that the Board has put all projects on hold save for emergency actions until the District’s finances are all in order.

Treasurer’s Report/Reading of Warrant

Mr. Feit notes that he has switched banks and that he is now using Legacy Bank.

The new checks from this account now state that they are void after 90 days. Mr. Feit notes that there is currently $93,098 in the account at Legacy Bank; $6,000 has been left in the Berkshire Bank account for any checks that need to clear. Once all checks have cleared through the Berkshire Bank account, the account will be closed and the funds will be transferred to the Legacy account. Mr. Feit notes that the municipal money market account has $61,504. The total in the treasury is $160,602. The Warrant to be approved at this meeting is for $3,026. After this month’s warrant is paid, the balance in the treasury will be $157,576. Mr. Feit notes that tax money is coming in on a weekly basis. Mr. Feit reviews the budget and goes over all of the line items and balances in the accounts.

Mr. Feit offers an update on what is happening with the accountant. He notes that Fiscal Years 2004 and 2005 have been finished. There are a few more things to add to Fiscal Year 2006, and then the books will be accountable for an audit to be done. Mr. Feit reviews the benefits of using QuickBooks and notes that he will be able to look at each line item and know exactly where the money was spent. The program will offer a history of payments made. In terms of finances, Mr. Feit notes that in looking back at what was spent prior to his being involved in the District, it seemed that an excessive amount of money was spent for office supplies, printing, etc. Mr. Feit notes that he has obtained a copy of unpaid taxes for residents in Sherwood Forest and that the list totals about $260,000. He notes that included in this unpaid tax amount is Road District money, which if paid, could be used towards capital improvements. He plans to discuss this further with the Becket Tax Collector as to what the District can do to collect the money. Mr. Feit notes that he and Mr. Ronzio moved everything out of Beaver Storage and into the new storage facility in Otis, Crandall Storage. Mr. Feit notes that he and

Mr. Andrews are now covered under workmen’s compensation. Mr. Feit reviews the Warrant, which totals $3,026.57. Various questions are asked regarding the General Roads account, the Winter Roads account, secretarial services, and the Waterways account, all of which Mr. Feit answers. A motion is made to accept and approve the current Warrant for $3,026.57; seconded; unanimous approval.

Road Superintendent’s Report

Mr. Andrews notes he received a complaint on Greenwood Court regarding appliances being left on property. Mr. Andrews would like to barricade the road. Mr. Ronzio notes that before the road is barricaded, the State should probably be contacted. Mr. Andrews will contact the State. Mr. Andrews notes that he received a call regarding a washout at the intersection of Paw Lane and Nottingham Court, which was not a big problem.

Mr. Andrews notes that weather permitting he would like to fix the potholes on Sherwood Drive. He also notes that weather permitting and with the Board’s permission he would like to fix the drainage culvert by the Sykes property. A request is made that on Mystic Isle Way, by the Miller property, that snow be pushed further past the Miller’s driveway, as the plows have been causing snow to block their driveway. Mr. Feit suggests that because the books will soon be all up-to-date, that Mr. Andrews look at all the roads and prepare a report in order of priority what needs to be done. At the next meeting, the Board could review this list and plans for spring maintenance could start to be made. The Board decides to discuss this further under New Business. There is discussion on how potholes are fixed and what causes many of them. A request is made that Mr. Andrews look at Mayberry, at King Arthur, where it goes into the bottom of Lancelot.

Communications

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

Letters to Becket Board of Health regarding Drilled Well in Right-of-Way on Prince John Drive in front of Lot 216-757, dated November 24, 2006 – Mr. Ronzio notes that the issue is with the well driller, who was sent a letter and asked to appear before the Road District Board or to send a reply to the Board, which he did not; therefore, the next course of action is to go to the Becket Board of Health. If the Board of Health does not do anything, the district will have to contact the DEP.

Conversation Between Town of Becket Highway Superintendent and Marty Feit regarding the Purchase and Delivery of Sand/Salt Materials for Winter Roads – Mr. Feit notes that he spoke with Bill Eloverta and Mr. Eloverta suggested that Mr. Andrews and himself get together to discuss if they can do anything that would result in a lower cost for the District; however, Mr. Eloverta did not feel that it would be any less expensive for the District. The Board agrees that Mr. Andrews should discuss this matter with Mr. Eloverta.

Becket Conservation Commission Meeting regarding 164 Alan-a-Dale Drive on November 16, 2006 – Mr. Ronzio notes that the Conservation Commission gave the Road District the authority to go ahead and correct the situation regarding the drainage culvert and it is now up to the Board to decide if they want to proceed. Mr. Ronzio notes that he spoke with the Road Superintendent who thought it would cost about $1,200 or less to correct the problem. There is discussion on how the problem will be corrected. Mr. Ronzio notes that if the Board decides to fix the problem, the Road District will get an Emergency Order of Conditions, and that the Conservation Commission requires 48 hours of notice prior to any work being performed. Mr. Bonney voices his concern regarding the cost of $1,200. It is noted that this cost includes labor, materials, and equipment. A motion is made to proceed with the corrective action on Alan-a-Dale Drive; seconded; 4 yea, 1 nay; motion passes.

Crandall’s Storage in Otis – Mr. Feit notes that he paid one month. Starting January 1, 2007, he will pay three months at a time. Mr. Ronzio notes that he and Mr. Feit went to the storage facility on November 4 and 25, 2006. The district’s files are now secured at that site.

Old Business

Accounting Firm, Brazee & Huban – Mr. Feit notes that at the next meeting he will have a full auditable report so the Board will know where it stands.

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 – Mass Highway Regulations – Mr. Ronzio notes that this is ongoing. The Board will ask Mr. Andrews, Road Superintendent, to compile a list of all missing signs.

Abandoned/Unregistered Vehicles on Public/Private Roadways – Mr. Ronzio notes that this is ongoing and that the Board will have to keep contacting the Becket Police Chief.

Winter Road Preparation – Mr. Ronzio notes that the sand/salt materials are in place and ready for snowy conditions.

Drilled Well in the Right-of-Way on Prince John Drive in front of Lot 216-757 –

Mr. Ronzio notes that this was discussed previously under correspondence.

Roads Resurfacing Project on Mystic Isle Way, Sir Walter Court, and Remainder of Jester’s Lane – Mr. Ronzio notes that this is still on hold.

Equipment Purchase Feasibility Study (Bonney and McEnerney) – It is noted that they are starting to get some information together, but at this time there is nothing to report.

Amending District By-Laws – Mr. Ronzio notes that he has been in contact with the attorney regarding these issues and the attorney has said that there are several issues that the District will need to take in order to carry out the purpose of the District, given the fact that the Special Act, in some cases, is in conflict with some state statutes. Mr. Ronzio reviews the five actions necessary for carrying out the purposes of the Districts. They are:

Move to adopt ballot voting, including absentee balloting, at District meetings.
Move to create an official District ballot, balloting system, and absentee balloting system.
Move to adopt one vote per lot, with the term “lot” to mean a lot as defined and determined by the Becket Board of Assessors.
Move to schedule and implement, per Section 6 of the Special Act, a “special meeting” of the District, with the stated purpose of holding and counting an official vote on a set of amendments to the By-Laws designed to fully resolve significant inconsistencies between the Special Act and the By-Laws.
Move to create an official list of all owners of property (and thus District tax payers) within the District for eventual submission to the Town of Becket Registrar of Voters (per Special Act, Section 8).

Mr. Ronzio notes that these all would have to be approved by the Board before it can proceed any further. Mr. Ronzio asks the Board if they want to vote on the issues now or if they would like to further review them with the attorney. Mr. Ronzio notes that from a discussion at last month’s meeting, he looked into the Open Meeting Law, regarding the Board meeting with the attorney, and the public is allowed to attend such a meeting; therefore, he offers the option of having a Special Meeting with the attorney present, where the public could attend, and a discussion on the amendments could take place.

Mr. Ronzio notes that all previous workshops that have been held by the Prudential Committee consisted of a quorum and were not open to the public, and thus were in violation of the Open Meeting Law. A motion is made to move to adopt ballot voting, including absentee balloting, at District meetings; seconded; Mr. Bonney feels that he can’t vote on something if he doesn’t know how the people feel, he would like a chance to discuss with the public. The Chair calls for a vote - 4 yea, 1 Nay; motion passes.

A motion is made to move to create an official District ballot, balloting system, and absentee balloting system; seconded; there is brief discussion on absentee ballots. The Chair calls for a vote - 4 yea, 1 Nay; motion passes.

On item number 3 there is concern regarding the wording. The Board decides to hold this item and come back with it when it has been reworded.

A motion is made to move to schedule and implement, per Section 6 of the Special Act, a “special meeting” of the District, with the stated purpose of holding and counting an official vote on a set of amendments to the By-Laws designed to fully resolve significant inconsistencies between the Special Act and the By-Laws; seconded; there being no discussion, the Chair calls for a vote - 5 yea; passes unanimously.

A motion is made to move to create an official list of all owners of property (and thus District tax payers) within the District for eventual submission to the Town of Becket Registrar of Voters (per Special Act, Section 8); seconded; there being no discussion, the Chair calls for a vote - 5 yea; passes unanimously.

There is discussion on voting and how many votes are needed for an article to pass.

Mr. Ronzio notes that it is simple majority in accordance with the SFRMD By-laws and Chapter 380 of the 1982 Legislative Acts. Furthermore, he goes on to quote Chapter II, Section 3 of the Sherwood Forest Road Maintenance District By-Laws, which states under District Meetings, that “20 registered voters at an Annual Meeting and 15 registered voters at a Special Meeting of the District shall constitute a quorum, provided however, that the number less than the quorum may vary from time to time to adjourn a District meeting.”

Any Other Old Business – None.

New Business

Winter Parking Ban – Mr. Ronzio passes out copies of the ban. He reads the ban, which notes the following: “Residents and property owners in Sherwood Forest are advised that effective December 2, 2006, through April 15, 2007, there will be no parking on roads and streets between the hours of 11:00 p.m. and 7:00 a.m. Under the direction of the Superintendent of Streets the Becket Police will be summoned and vehicles found to be in violation of this regulation, interfering with snow removal and jeopardizing public safety will be ticketed and, towed at the owner’s expense. A motion is made to post the Ban at all entrances in Sherwood Forest and to have it inserted in the “Country Journal;” seconded; passes unanimously. Mr. Ronzio suggests that in the future this regulatory Ban should go in to effect in conjunction with the Town of Becket’s Winter Parking Announcement. A motion is made to have Mr. Ronzio rewrite the regulation with the wording “in conjunction with the Town of Becket Winter Parking Ban;” seconded; passes unanimously.

Road Maintenance Priorities – Mr. McEnerney is asked by Mr. Ronzio if he has the map that was previously prepared with proposed road priority designations. Mr. McEnerney states that he does not have the map with him. Mr. Ronzio notes that the Board needs to determine whether or not they will accept this map or some other variant. The purpose of the map is to clearly give a priority designation to each road in Sherwood Forest. Roads should be designated as primary, secondary, and tertiary, depending on such things as the level of use, current road condition, etc. This data will then be used to determine what level of maintenance will be put towards each road on an annual basis. It will also enable the district to develop a workable long-range plan. This item will be carried forward to the January meeting.

Memorandum of Understanding – Mr. Ronzio notes that a Memorandum of Understanding between the SFRMD and SFNA is in the process of being drafted by both parties. When completed it will be put before the Prudential Committee for ratification.

Application for Driveway Permits – Mr. Ronzio asks the Board to review the District’s Driveway Permit application form. Mr. Ronzio explains that in Becket the Highway Superintendent is responsible for driveway permits on town roads. However, because the roads in Sherwood Forest are not town roads, the Becket Highway Superintendent does not issue permits therein; therefore the District’s Superintendent of Streets is responsible for issuing these permits. A motion is made to accept the Application for Driveway Permits; seconded; no discussion; passes unanimously.

Any Other New Business – A motion is made to post the unapproved meeting minutes on the website, prior to the next meeting; seconded; Mr. Ronzio notes that a disclaimer should be put on the website, like that of the Town of Becket, which states that the minutes on the site are unofficial and that the official minutes can be obtained from the Clerk/Treasurer. The Chair calls for a vote, passes unanimously.

The next meeting is scheduled for Saturday, January 6, 2007.

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

Meeting adjourned: 12:40 p.m.

Respectfully submitted,

Martin Feit

Clerk/Treasurer

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