BOARD MEETING AGENDA
September 19, 2007
PRIMARY:
7:30 MEET WITH CAROL LANGER – ASSESSMENT OF SCHOOL HOUSE – Mrs. Langer said that this property went up $90,000 and she has not made any improvements. There was more depreciation on the previous building assessment than there is with the new assessment. Mr. Methe suggested that she write down why she feels that it is not worth that. She will bring it in tomorrow and Mrs. Thompson will forward it to Avitar.
7:45 MEET WITH FIREWARDS – Mr. Methe said that the selectmen plan to meet separately with the Fitzwilliam Fire Department Inc. He stated that what has brought us to this point was that the selectmen became aware that some donation checks were being made out to the town and some to the Association, but because the office staff were not opening the Fire Department mail (on instructions from the Fire Department years ago), the selectmen were not aware that checks made out to the town were coming in and that they may have been deposited into the Association bank account – up until a few months ago. Shortly after the selectmen sent a memo to all departments reiterating that the selectmen’s office open all mail, the postmaster called Mrs. Thompson regarding a
request made to her by a fire department member, that all Fire Department mail be placed in the Association’s post office box. Mrs. Thompson told her that all department mail goes into the Town’s post office box. Shortly after that, the selectmen learned that a separate post office box had been set up for the fire department mail. The selectmen questioned why would the fire department mail need to be diverted? Were checks made out to the Town of Fitzwilliam, Fire and Ambulance being put into the Association’s account? We obtained a copy of a check made out to the Town that was stamped for deposit, and deposited into the Association’s bank account. The selectmen then asked that all town mail go to the Town’s post office box and any other post office boxes be closed, with the exception of the Town Clerk/Tax Collector, and the Library. Mr. Parker said that the board does not know who has donated money. At the time that the selectmen sent
out the memo stating that all mail would be opened by the selectmen’s staff and started doing so, we held what we believed were mailed donations for two months. One of the concerns of the selectmen is that it needs to be very clear that the association is not part of the town but rather a separate organization. People need to know clearly which is which. One thing that would help is to change the name of the association so that is has “association” in the name – such as Fitzwilliam Fire Fighters Association.
Mr. Parker says that the Fire Department membership needs to know that funds donated to the town are accounted for separately in the General Fund and can only be spent on Fire Department and Ambulance needs. These funds are non-lapsing which means that they can accumulate from year to year. The selectmen will listen to what the Firewards feel the needs are and would as them for recommendations regarding spending these monies for the department.
Mr. Prigge said that historically all donations have gone to the association. He is now concerned about people feeling that this money needs to go to the town. Mr. Methe said that one person contacted them and said that they had wanted the money to go to the association so we returned the money to them so that they could donate to whomever they wished. Mr. Yon was contacted by this person who told him that she wanted a list of who had donated in her loved one’s name but was told by the association that it was confidential. Mr. Prigge said that she has been given a list. All donations are acknowledged. As a member of the association he would like a list of people who gave a donation meant for the town that was deposited with the association. Mr. Prigge said that he has created a form to be used for donations. Mr. Parker
said that the selectmen need to follow the law.
Mr. Yon questioned if the firewards have authority over the association. Mr. Prigge said that they don’t but as fire chief, he consented to the name of the association. The firewards basically said that they had no objection to the association forming and the name that was chosen. Mr. Parker said that he hoped Mr. Prigge would encourage the association to choose a different name – one that is clearly different from the department.
Mr. Parker said that in their last discussion with the firewards (Mr. Prigge was not present), the selectmen asked for a different schedule for payroll. In addition, they would like the fire department secretary to submit her payroll in the same manner that all other employees do by completing a payroll sheet on a weekly basis. The selectmen would like 2 out of the 3 firewards to sign, not initial, all invoices and payroll. They would like to see that the firewards have control over the department budget.
In the course of talking with Attorney Slack and her question about how the Fire Department was set up, the question of whether or not a fireward can also be the fire chief emerged. Attorney Slack addressed this question in the legal opinion she provided to the selectmen and sited case law that says that they cannot be the same person. Mr. Prigge does not feel that this is correct – that the case law sited is not applicable. He feels that this falls under a different provision and assumes that he is elected by the association. Mr. Methe said that , in a conversation with Wayne Dunham, Mr. Tardiff had told Mr. Dunham that a person couldn’t be a fireward and a member. He said that this was an unwritten rule 50 years ago and it was something the membership did amongst themselves. Mr. Yon said that the legal
opinion they have is that since the firewards appoint the chief and firefighters, the chief cannot be a fireward because that would mean that the chief, as a fireward, would be the boss of himself. Mr. Yon said that if Mr. Prigge disagrees with the legal opinion the selectmen have, then he needs to come up with a legal opinion that argues against Attorney Slack. This would be a legal opinion from an attorney other than Mr. Prigge. At this point, we are taking the position that it is wrong for the chief to also be a fireward. Along this same line, a fireward can not be a member of the Fire Department.
The selectmen asked if Mr. Prigge or Mr. Mattson has any names of people they would recommend to the selectmen to appoint as a fireward until the March 2008 election. A couple of names were suggested. Mr. Mattson and Mr. Prigge will approach these individuals to see if they would accept an appointment. Whoever is recommended would have to step down as a member of the fire department.
Mr. Yon asked if the fire department had a formal policy for the membership. Mr. Mattson said that they don’t but do have qualifications and general regulations. Mr. Yon asked if they could add a part about not allowing the solicitation of funds while on duty. Mr. Prigge said something to that effect could be put in the general regulations.
*** PSNH BUILDING PERMIT – The selectmen voted to approve this application.
*** QUESTION REGARDING ROYALSTON ROAD AND TAX MAP 02 LOT 06 – Richard Dwinell stopped in to meet with the board to discuss this subdivision. Mr. Parker read the minutes of the ZBA meeting on September 28, 1987. The ZBA issued a variance for reduced frontage requirements from 300’ per lot to 250’ per lot, should the property be subdivided. Although the subdivision plans were approved with the State, this only means that the lots proposed would support State approved septic systems. The Planning Board is the only one that can approve a town subdivision. The selectmen gave Mr. Dwinell a copy of the ZBA minutes. Mr. Parker asked Mr. Dwinell if he could provide the revised building plans for his camp that the selectmen have been asking for. Mr. Dwinell
said that he had them all ready and would bring them in.
*** CHECK RECEIVED – The town has received a donation for the fire department. Mr. Yon made a motion to accept the donation, Mr. Parker seconded and the vote passed 3-0.
*** POLE LICENSE REQUEST – Mr. Parker moved to approved the pole licenses, Mr. Yon seconded and the motion passed 3-0.
*** QUESTION REGARDING SEASONAL USE – TAX MAP 21 LOT 19 – One of the camps is year-round and the other camp is seasonal.
*** REQUEST FROM CHIEF KASSOTIS TO PURCHASE USED CRUISER – FUNDS WOULD COME FROM POLICE VEHICLE CAPITAL RESERVE (SELECTMEN HAVE AUTHORITY TO EXPEND) – Chief Kassotis has submitted a proposal to purchase a 2005 Ford Crown Victoria with 24, 000 miles. We can purchase this vehicle and equip it, including lettering, for $15,172.75. This is ½ of what it would cost for a new cruiser. Chief Kassotis included the extended warranty as well. Mr. Yon made a motion to authorize the purchase and withdraw the funds from the Police Capital Reserve Fund, Mr. Parker seconded and passed 3-0.
*** DISCUSS DRAFT OF NEWSLETTER ARTICLE – The selectmen approved the newsletter article.
*** DISCUSS DRAFT OF BTLA LETTER – Mr. Parker will make a few changes.
*** MS-4 – The selectmen made some changes.
*** PROPOSAL FROM MRSD HIGH SCHOOL STUDENT TO BUILDING “WELCOME TO FITZWILLIAM” SIGN AS SENIOR PROJECT – The selectmen feel that if we have “welcome to Fitzwilliam” signs, they should be for all four entrances into Fitzwilliam. We have wanted to put a “donated in the names of…” sign on the ski area land for a while. The selectmen would like to ask Mr. Guyette if he would be willing to create the sign for the ski area.
*** SWRPC – DOT PUBLIC HEARINGS REGARDING 10 YEAR PLAN - reviewed
*** BTLA ABATEMENT REQUEST FROM ROGER KEILIG - reviewed
*** LETTER FROM JEAN WEST – PROPERTY CORRECTIONS – Mrs. Thompson had already submitted these changes to Avitar.
*** COPIES OF NOTICES SENT TO ANN PELKEY AND FLEUR DE LIS CAMP FROM AVITAR – reviewed
*** LETTER FROM NICK BOSONETTO REGARDING BUILDING PERMIT – The selectmen have discussed this property in the past. We will allow repairs to the building that do not require a building permit. The selectmen will not issue a building permit on this property.
*** INVOICES:
· TOWER, CROCKER AND MULLINS – Mr. Yon made a motion to approve this invoice, Mr. Parker seconded and the motion passed 3-0.
· AVITAR - Mr. Yon made a motion to approve this invoice, Mr. Parker seconded and the motion passed 3-0.
*** REQUEST FROM CONSERVATION COMMISSION TO APPOINT DOROTHY ZUG AS MEMBER – Mr. Yon made a motion to appoint Dorothy Zug to the Conservation Commission, Mr. Parker recused himself, Mr. Methe seconded and the motion passed.
*** EMAIL FROM SCHOOL DISTRICT REGARDING SPECIAL TOWN MEETING NOV 6TH Reviewed
*** AQUIFER PROGRAM IN RICHMOND OCTOBER 4 – Mr. Yon would like to see the town develop an aquifer overlay district similar to our wetlands overlay district. This is within the Planning Board’s realm. Mr. Yon feels that the Planning Board should refer this to the Conservation Commission. The Conservation Commission Carmen feels that it should be like the wetlands. First there has to be inventory of aquifers. He is not sure if the conservation commission prepares this. He thinks the Planning Board should refer to conservation. They were under the impression that the conservation commission was working on this.
*** REVIEW / DISCUSS MANAGEMENT DISCUSSION AND ANALYSIS – Tom still needs to review
*** DRA LETTER – CORRECTION OF PREVIOUS INFORMATION - Reviewed
SIGN:
· Minutes
· Correspondence
· Payroll and Accounts Payable Manifests
There being no further business, at 9:55pm, Mr. Yon made a motion to adjourn, Mr. Parker seconded and the motion passed 3-0.
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