COMMONWEALTH OF MASSACHUSETTS

Sherwood Forest Road Maintenance District

Special Meeting
Saturday, June 7, 2008

Committee Members Present: David Bonney, Chairman; Bill Brownhill, Vice Chairman; Gilles Beaudoin; Jerry Grondin; Marty Feit, Clerk-Treasurer; Dennis LaChapelle, Road Superintendent
Committee Members Absent:  Jerry Summit
Public Present:  Albert Barvenik, Fran Barvenik, Eva Bonney, Celia Boucher, Ron Boucher, Joyce Brownhill, David Devane, Nancy Devane, Paulette Feit, Deb Fitzgerald, Gail Garland, Steven Grondin, Robert Guevin, Sandra Labonbard, Dennis LaChapelle, Blanche Lennington, John Lennington, Howard Lerner, Jerry McCarthy, John McGeer, Robert Ronzio, Ruth Rosenthal, Steve Rosenthal

Mr. Rosenthal addresses the group as Moderator. A quorum of more than twenty eligible voters is present. He reads the warrant for the meeting. The articles on the warrant are:
Article 1: To see if the public will approve the 2008/2009 operating budget
Article 2: To see if the public will approve a Free Cash fund of approximately $60,000 to be used at the publics and Prudential committee discretion when voted on by the public
Article 3: To see if the public will re-apply funds from unspent overages against operating budget of 2008 in the amount of $13,287.00 to balance off overspending on winter roads, general roads.  Monies coming from general reserve, attorney, insurance.          
Article 4: To see if the public will vote on the following positions:

1. To see if the public will approve a moderator
2. Clerk & Treasurer 2 year term (separate positions)
3. Prudential Committee 2 regular positions on the committee 2 years
4. 1 non resident position 2 years
5. 2 alternate residents

Alternate 1 year                         
Non resident alternate 2 years

Mr. Rosenthal explains how the meeting will be run and says he has spent considerable time on the phone with the Road District’s attorney to see that the vote complies with the bylaws as accurately as they can interpret.
He says that the bylaws say the first thing to be done at the annual meeting is to elect a new moderator; he entertains a motion to move Article 4 to the top of the list so this can be achieved. A motion is made and seconded to do this. Discussion on the issue is entertained. Mr. Ronzio cites Section 6 of the Special Act which says “No action shall be valid unless the subject matter is contained in the warrant,” and he argues that the budget can not be acted upon because it was not attached to the warrant. Mr. Rosenthal responds that right now the issue being addressed is just the moving of Article 4. There is no further discussion and Mr. Rosenthal calls for a vote by show of cards; the motion is carried but not unanimously.
Mr. Rosenthal explains the nominating procedure and the length of terms for which positions will be elected. Moderator will be done first and uniquely; Clerk and Treasurer will be done next, and uniquely; then election of Committee Members will be held.
Mr. Ronzio citing Chapter 1, Section 5 of the bylaws asks if there are sufficient copies of the bylaws available at this meeting. He reads the section. The clerk says no. Mr. Ronzio takes issue with people in the audience not having access to this document. He also takes issue with Mr. Rosenthal’s interpretation of the voting procedure. Mr. Rosenthal, to assist the members of the audience, reads aloud the section that addresses terms of office, referring to the chart he has on the wall as he reads. He then points out two important phrases used in the bylaws, those being “a majority vote of the meeting” and “a majority vote of a quorum in attendance at the district meeting”, saying they address two different things and he explains the two terms.
Mr. Ronzio points out that the special act says that the bylaws will take precedent over the special act once they are enacted. He says it’s confusing for those present because they don’t have copies of the documents.
Mr. McCarthy asks Mr. Rosenthal for an explanation of his status; Mr. Rosenthal says he’s a resident of the Forest and was elected Moderator at last year’s meeting. Mr. McCarthy then asks for an explanation of who can vote; Mr. Rosenthal asks a board member to explain and Mr. Bonney explains that only registered voters in the Town of Becket can vote at this meeting.
Mr. Ronzio asks if Mr. Rosenthal is now speaking as the old moderator or the new moderator; Mr. Rosenthal says as the old moderator and entertains nominations for new moderator. Ms. Feit nominates Mr. Rosenthal; the nomination is seconded. No further nominees are put forth. Mr. Rosenthal calls for a vote by show of cards and he is elected Moderator by a non-unanimous vote.
Mr. Ronzio cites Chapter 3, Section 6 regarding election of Moderator and asks if he got eleven votes. Mr. Rosenthal says yes. Mr. Ronzio then says it should have been by secret paper ballot because the bylaw says all votes to elect officers and committee members should be via that method. Mr. Rosenthal asks Mr. Ronzio if he would consider a moderator to be an officer. Mr. Ronzio replies that he considers “the procedures to be as they are spelled out.” He says that the moderator serves as a part of the committee. He objects to the absence of materials that are supposed to be available to the voters and says he doesn’t see how the meeting can be continued.
Mr. Rosenthal entertains nominations for Clerk. Steven Grondin is nominated; the nomination is seconded; a show of cards in support of the nomination is called for and the minimum of eleven is achieved.
Mr. Rosenthal entertains nominations for Treasurer. David Devane is nominated; the nomination is seconded; a show of cards in support of the nomination is called for and the minimum of eleven is achieved. Ms. Garland nominates Marty Feit; a show of cards in support of the nomination is called for but only nine cards are raised. There is a question of whether people can vote more than once for the nomination of individuals for the same position. Since there may have been some confusion in people’s minds about this Mr. Rosenthal calls once more for a show of cards in support of the nomination of both individuals. They both receive the votes needed.
Pieces of paper are passed out to voters for the secret paper ballot vote for Clerk. Mr. Rosenthal asks for the total of voters present and is told twenty-five.
A question is asked if a non-resident can make a motion during this meeting. Mr. Rosenthal opines that non-residents may comment but may not make motions.
Mr. Ronzio takes issue with the nomination process being undertaken.
Ballots for Clerk are collected and fresh paper is passed out for the vote for Treasurer.
Mr. Ronzio says that under state statute ballots can not be folded at an open meeting.
Ballots for Treasurer are collected.
Mr. Rosenthal reports that Mr. Grondin is winner of the position of Clerk, the count being:

Mr. Rosenthal calls for nominations for the position of Regular Resident – 2 years; Dave Bonney is nominated and eleven cards are shown in support of the nomination. No other nominations are forthcoming.
Mr. Rosenthal calls for nominations for the position of Regular Resident – 1 year; Nancy Devane is nominated and eleven cards are shown in support of the nomination. Blanche Lennington is nominated and eleven cards are shown in support of the nomination. No other nominations are forthcoming.
Mr. Rosenthal calls for nominations for the position of Non-Resident – 1 year; Howard Lerner is nominated and eleven cards are shown in support of the nomination. No other nominations are forthcoming. Jerry McCarthy is nominated but he respectfully declines the nomination.
Mr. Rosenthal calls for nominations for the position of Alternate Resident – 1 year; Mr. Beaudoin is nominated and eleven cards are shown in support of the nomination.
A point of order is raised that in order to be a resident member of the Prudential Committee you must be a registered voter in the Town of Becket. Mr. Beaudoin has stated he is not a registered voter. Mr. Ronzio refers to the special act and the bylaws saying if these were available to people they could read this. Mr. Rosenthal asks if there is a specific section of the bylaws that Mr. Ronzio would like to be looked at. Mr. Ronzio says no, he has a copy but would have to look for it himself. Mr. Rosenthal examines the bylaws, finds the pertinent section, (Chapter 2, District Meeting Section 6) and reads, “Only persons residing within the district as of the date of any annual or special district meeting and who are registered voters in the town of Becket as of the date of such meeting shall be entitled to vote as such meetings.”
Mr. Rosenthal says that his sense is that the act of voting is the same as being able to run for position. He invites alternate interpretations. Mr. Ronzio asks for the section just quoted. Mr. Rosenthal says it was 2, 6 which talks about voting privileges. He adds that 3, 1 talks about Resident Voters. Mr. Ronzio asks him to read the paragraph. Mr. Rosenthal points him to Chapter 3, District Officers, Section 1, second line, “shall be resident voters”. Mr. Ronzio reads the rest of the paragraph and says it brings up a third issue he’d like to address which is . . . Chapter 4, Section 5, #5 of the Special Act. Then he says it’s Chapter 4, Section 6 of the Special Act. Then he says it’s Section 8.
A point of order is made that if someone has questions or different interpretations of the bylaws he should be going to the State Attorney with that complaint. Mr. Rosenthal responds that as Moderator of the meeting he feels it’s his responsibility to hear people’s position and give everyone a chance to speak so he is exercising his prerogative as Moderator to do that.
Mr. Ronzio reads from Section 8 about the voter list being posted prior to the meeting and says the list was not posted and he doesn’t know if the list is accurate and if Mr. Beaudoin’s name is on it. Mr. Boucher points out that Mr. Beaudoin already said he’s not a registered voter.
Mr. Beaudoin’s name is removed from the slate. Al Barvenik is nominated for the position of Alternate Resident – 1 year and the requisite eleven cards are shown in support of the nomination. Joyce Brownhill is nominated for the position of Alternate Resident – 1 year and the requisite eleven cards are shown in support of the nomination. No other nominations are forthcoming.
Mr. Rosenthal entertains nominations for the position of Alternate Non-Resident – 2 years. Gilles Beaudoin is nominated and the requisite eleven cards are shown in support of the nomination. Howard Lerner is nominated and the requisite eleven cards are shown in support of the nomination but Mr. Lerner respectfully declines. No other nominations are forthcoming.
Mr. Rosenthal opens opportunity for any of the nominees to withdraw. Ms. Lennington respectfully declines the nomination of Regular Resident – 1 year.
Mr. Rosenthal reviews the slate and asks that, at the pleasure of the group, it be accepted that all nominees for uncontested positions be automatically elected to those positions; there is an objection raised so the vote will proceed by secret ballot for all Prudential Committee Members on one piece of paper. He instructs the voters on how to designate positions on their ballots. He asks each nominee to stand up and say their name as he reads the designation.
Ballots are filled out and collected. Ms. Devane says she found the procedure incredibly confusing. Ms. Brownhill asks why the uncontested positions had to be voted on by secret ballot and Mr. Rosenthal explains that it was because there was an objection to accepting the nominees of uncontested positions as elected.
Mr. Rosenthal asks for consensus from the group to go on to the next article on the warrant while the counting is being done for Prudential Committee Member vote. It is pointed out that several people have left and there may not still be a quorum. The people outside are given a moment to come back in; a count of voters is made and there are 22 present. No objection is made to moving forward to Article 1.
Mr. Rosenthal reads the article; it is moved and seconded. Mr. Ronzio contends that the budget was not approved and reported on by the requisite number of days prior to this meeting. There being no further discussion Mr. Rosenthal calls for a vote on Article 1 by voice vote and by show of cards. Article 1 is passed by all present but one.
Mr. Rosenthal reads Article 2; Mr. Feit notes that the amount is now actually $59,168.00. Article 2 is moved and seconded. Mr. Feit would like to amend the article to change “approximately $60,000” to “$59,168”. The amendment is seconded. There being no discussion Mr. Rosenthal calls for a vote on the amendment to Article 2 by show of cards; the amendment is passed by all present but one.
Mr. Rosenthal reads the amended text of Article 2 and invites discussion on the article.
Mr. Ronzio asks when the money is supposed to be spent and what the purpose of it is and into what categories the obligations are broken down. Mr. Rosenthal asks Mr. Ronzio to please break his question down so that only one question is asked at a time. Mr. Ronzio asks why it is discretionary. Mr. Feit says it’s not known what it will be used for but the new Prudential Committee will decide what they want to use it for. He says basically it will be used for the roads. Mr. Ronzio asks if the money will be spent this year or next year. Mr. Feit says it will be spent next year. He says if it doesn’t get approved this year it can’t be used next year.
Ms. Brownhill understands this money is to go into the stabilization fund which can be spent on whatever the board wants to recommend as long as they have the voters’ approval so wouldn’t that account for not having to spend it this year? Mr. Feit says it doesn’t have to and can’t be spent this year.
Mr. Lerner asks for definitions of stabilization fund and free cash and for the rationale for moving the money around and how it will be spent and where it will be spent. Mr. Rosenthal says he thinks the issue of free cash can be addressed but doesn’t see where “stabilization fund” is written into this article. He asks for an explanation from someone on the board. Mr. Bonney explains that free cash is the left over money from this year that gets carried over to next year and that Mr. Feit must file this by the end of June. Mr. Feit adds that last year there was $60,000 that wasn’t approved so it couldn’t be used this year; now there is $59,000 before the voters for approval.
Mr. Ronzio says the statute is very clear about what free cash is, what a stabilization fund is, and what a reserve is. He contends that free cash is available only for use this year and that unspent cash has to be recertified for the new fiscal year.
There being no further discussion Mr. Rosenthal reads the amended text of Article 2 once more and calls for a vote via voice vote and show of cards; Article 2 is passed by all present but one.
Mr. Rosenthal announces the result of the Prudential Committee election:
Regular Resident – 2 years:  Dave Bonney – 22, Bob Ronzio - 1
Regular Resident – 1 year:  Nancy Devane – 22
Non-Resident – 1 year:  Howard Lerner - 15
Alternate Resident – 1 year:  Al Barvenik – 14; Joyce Brownhill - 8
Alternate Non-Resident – 2 years:  Gilles Beaudoin – 18
Mr. Rosenthal reads Article 3 and entertains a motion; the article is moved and seconded. Mr. Rosenthal entertains an explanation from the treasurer. Mr. Feit says it’s just applying funds from lines that weren’t spent completely over to lines that were overspent. There being no further discussion Mr. Rosenthal calls for a vote on Article 1 by voice vote and by show of cards. Article 1 is passed by all present but one.
Mr. Rosenthal asks if there is anything further before the meeting is adjourned. A question is raised about the agenda which was supplied to those present – why there is nothing under Old Business or New Business. Mr. Feit explains that’s because this is an annual meeting, not a regular meeting.
A suggestion is made that some sort of “State of the Union” address might be appropriate at the annual meeting for those who only come once a year. Mr. Feit says the minutes are emailed to those who would like them and they are also available on the web site.
A question is asked regarding the status of a particular road complaint. Mr. Rosenthal says the annual meeting is not the place to address such issues but entertains a response at the pleasure of the committee. Mr. Bonney says there is confusion as to who is responsible for the area in question – the road district or the SFNA – and that he’s not been getting cooperation from the SFNA on that.
Mr. Ronzio says an annual report is supposed to be made available before the annual meeting.

There being no further business to conduct a motion for adjournment is entertained. The motion is made and seconded. The meeting is adjourned at 4:50 PM.

Respectfully Submitted

Marty Feit
Clerk-Treasurer

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