Editor's Note: An ongoing conflict between the Select Board and Sandisfield Fire Department, Inc. (SFDI) may be resolved at the Annual Town Meeting, May 17.

At the end of March, the Select Board posted a notice on the Town website of an item it will list on the Annual Town Meeting warrant. The Times has reprinted the notice on the following pages of this issue, as well as a copy of the lease agreement between the Town and SFDI.

The item details a proposal the Board will make for the Town to assume ownership, through "gift, purchase, or eminent domain" of the two Sandisfield fire stations currently owned and operated by SFDI.

It's possible that many residents are unaware that SFDI is a separate entity from the Sandisfield Fire Department. It was initiated in 1987 as a nonprofit organization to oversee the construction of and take title to a new fire station.

The separate entity, a 501.c.3 organization, was proposed as a way of receiving tax-deductible donations to support the construction. The building was to have been given to the Town after completion. It was also proposed that by having a non-profit oversee construction and take initial ownership the Town would avoid having to pay prevailing wages and it could avoid wending its way through state procurement processes.

The posting has created a conflict among current Fire Department volunteers, some of whom spoke with The Times, requesting anonymity. They claim there are misleading and erroneous statements in the warrant proposal, and that there had been no issues between Select Boards and SFDI before the current Select Board raised them. Also, in their opinion they have maintained the buildings since construction and the Town would not do as good a job.

One veteran Sandisfield firefighter, however, said that the important thing is to focus on the community and what is its best interests rather than the wishes of a few individuals.

The conflict may be complicated by the fact that Fire Chief Henry Fristik resigned on March 21. He started in October, stepping into the role formerly played by long-time Fire Chief Ralph Morrison, who resigned in 2023. Morrison is president of SFDI.

The Berkshire Eagle reported Fristik as having said he "wished he'd known a bit more of Sandisfield's recent history prior to taking the job," referring to the conflicts between the department and the Select Board. An interim chief will be selected at a Select Board meeting March 31.

The Times will print one more issue before the Annual Town Meeting. If you have an opinion on the warrant proposal, write to us. We will print as many of them as space allows in our May issue, which will be published at the end of April.

Since its establishment, there has been ongoing confusion regarding the distinction between the Sandisfield Fire Department and Sandisfield Fire Department, Incorporated (SFDI). To clarify, SFDI is a private, non-profit corporation that owns Sandisfield's two fire stations and leases them to the Town for use by the Sandisfield Fire Department. These leases are paid for by the Town, making SFDI the landlord of our fire stations. However, SFDI has no role in the actual operations or functions of the Sandisfield Fire Department, except for the fact that Ralph Morrison serves as President and Director of SFDI, and previously served as the Fire Chief until his resignation in November of 2023.

Why This Matters

The Town of Sandisfield funds nearly every aspect of fire and emergency services, including:

• Insurance and utility costs for both firehouses.
• Salaries and training for the Fire Chief, administrative assistant, firefighters and EMTs.
• All emergency vehicles, equipment, and maintenance.

A vehicle for the Fire Chief

Despite this significant financial commitment, the Town does not own the buildings it operates from. Instead, we continue to pay rent and other lease fees to SFDI. Recently, SFDI attempted to refuse to allow the successor Fire Chief to use office space in either fire station or to access the department's records. These and other events, have made it evident that the current arrangement between the Town and SFDI is not in Sandisfield's best interest.

Collins Center EMS Study

In June 2024, the Edward J. Collins, Jr. Center for Public Management completed an EMS Study for the Town, recommending in its report the investigation of "opportunities that would allow ownership of a facility for operations, rather than continue leasing space" as a long-term recommendation for the fire department. The report can be viewed on the Town's website, sandisfieldma.gov .

Section 2.3 of the report emphasizes that the current leases are "triple net", meaning the Town is responsible for paying for all utility costs, insurance costs, and taxes (where applicable), and underscores the operational risks posed by the lease agreement, which allows either party to terminate it with just 90 days' notice. Additionally, the study highlights the potential risks to public safety operations following the resignation of Mr. Morrison after charges were adopted by the Select Board in an executive session on November 13, 2023. Minutes for this meeting are available on the Select Board webpage on the Town website under "Minutes."

Section 2.3 of the report concludes by warning that "the circumstances surrounding the employee's [Chief Morrison's] resignation, combined with the liability and risk to the town by not owning the stations, places the town in a precarious position when it comes to operations."

SFDI Articles of Incorporation Amendment

SFDI operates by Articles of Incorporation filed with the State which outline a corporation's basic structure, purpose, and initial operational details. It was recently discovered in a review of SFDI's corporate filings available online with the Massachusetts Secretary of the Commonwealth, that an amendment was made to the Articles of Incorporation, filed on November 4, 2024.

That amendment revised Article 4 of the Articles, which previously stated in part, "Upon the dissolution of the corporation, the Board of Directors shall, after paying the [debts] of the corporation, dispose of all the assets of the corporation... by transfer to the Town of Sandisfield... to be applied to the achievement of the goal of the corporation - the safety of the general public."

Article 4 now states in relevant part, "Upon dissolution of the Corporation, the Board of Directors shall, after paying [the debts] of the Corporation, dispose of all the assets of the Corporation exclusively for the purposes of the Corporation, by transfer to other charities with similar missions to the Corporation."

This amendment is deeply concerning, as it removes the Town of Sandisfield as the designated recipient of the fire stations in the event of SFDI's dissolution. Given that the Town has funded and maintained these buildings for years, this change in the corporation's organizational documents undermines our community's investment in public safety, puts the future of public safety operations at significant risk, and further highlights the urgency of securing direct ownership of these critical facilities.

In addition, since October 2024, the Town of Sandisfield has been actively seeking to clarify the financial standing of SFDI. Multiple requests have been made for tax returns and associated financial records, with the most recent citing 940 CMR 2.03, which obligates nonprofit organizations to disclose such documents upon request. Despite these repeated efforts, the requests remain unfulfilled. Given these ongoing transparency issues, the Town continues to seek full disclosure of SFDI's financial records to ensure accountability and alignment with municipal and public interest.

The Need for Change

It has become clear that the Town can no longer justify leasing these fire station buildings from a private entity. To ensure the long-term security, efficiency, and fiscal responsibility of our Fire Department, Sandisfield must take ownership of its fire stations.

To achieve this, the Select Board will be introducing one or more Warrant Articles at the upcoming Annual Town Meeting to seek voter authorization to assume custody of both fire stations by means of gift, purchase, or eminent domain. This is a necessary step towards gaining full control of the Town's fire department, financial transparency, responsible governance, and the continued safety of Sandisfield's residents.

Why Your Vote Matters

Your support is critical in making this transition a reality. By attending and voting at Town Meeting in favor of acquiring the firehouses, we can ensure that taxpayer funds are being used to directly benefit our community rather than paying rent to a private corporation. This is about more than just buildings-it's about the future of Sandisfield's emergency services and the safety of our residents.

We urge all residents to attend the Annual Town Meeting on Saturday, May 17, 2025 and vote in favor of securing the future of our Fire Department. If you have any questions or would like more information, please reach out to the Select Board or attend a public discussion session.

The report by the Collins Center for Public Management is available at
sandisfieldma.gov/sites/g/files/vyhlif1171/f/news/sandisfield_ems_-_collins_center_final_report_2024.pdf.