Dalton Officials Nix Fire District Article at Special Town Meeting

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — The Select Board voted to remove a question about dissolving the Fire District from the special town meeting warrant.
 
Despite high attendance at last week's meeting from members of the Fire Department and district, no one spoke on the issue. 
 
The article was recommended by Select Board Chair Joseph Diver earlier in November following concerns with the delayed ladder truck and anonymous safety complaints made to Diver by members of the Fire Department.
 
It was noted during the meeting that not many residents understand that the Fire District is separate from the town and provides fire protection and water. 
 
If approved at the upcoming special town meeting, the article would have provided the town the mechanism to explore moving the Fire District under town management, including the impact, cost, steps, and community interest. 
 
A majority of Select Board members were against the article, citing reasons including low attendance at special town meetings that limit the ability to gauge public interest and more pressing priorities the board needs to focus on. 
 
Select Board member Robert Bishop thought it was not the right time to bring up the issue because the board hasn't had a conversation with the district yet. 
 
Secondly, the district is undergoing changes, including the search for a new fire chief, he said. In addition to that, dissolving the district could result in the town losing "free water," which could end up costing the town more money.
 
An article like this should come from a citizen's petition because of the great effect it would have on the town, Select Board member Marc Strout said. 
 
The town has a lot more pressing priorities it needs to attend to, including reconstruction projects and other priorities that are costly to the town, Vice Chairman Dan Esko said. 
 
The town's Master Plan approved in 2015 included investigating combining town services and the Fire & Water District "in order to meet all town needs and costs, and allocate resources accordingly."
 
If the town were to dissolve the district it would have to increase the budget and take over the assets and liabilities of the organization, Esko said. 
 
Diver noted during the meeting that a yes vote on the proposed article would not dissolve the district. Rather it would explore the financial impact and the steps to inform a future decision.
 
He did update the board on a meeting with Town Manager Thomas Hutcheson, interim Fire Chief Robert Czerwinski and Water District Chair James Driscoll during which they discussed the anonymous complaints firefighters made about staffing challenges, and medical response municipal aid issues 
 
Past or present firefighters with concerns have been asked to speak directly to Czerwinski, Diver said, Driscoll told him he was committed to addressing them. 
 
Czerwinski said recognizes the "gaps" in the safety standards and is implementing an education program. They also talked about the delay in response when the town ambulance is out on a call and how staffing is affecting services across the county. 
 
"It was a good, open, direct conversation of concerns and a commitment to continue the conversation as we turn into the new year," Diver told the board. 
 

 


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Berkshire Concrete Lawsuit Seeks Damages, Continued Operation

By Sabrina DammsiBerkshires Staff
DALTON, Mass. — Whether Berkshire Concrete can continue excavating after its permit was denied —and if the town is liable for damages — will be decided in a lawsuit the company has filed against the town, planning board and its members.
 
The suit was filed on behalf of Berkshire Concrete Corp., a subsidiary of Petricca Industries, by Jaan G. Rannik of Cohen Kinne Valicenti & Cook in Superior Court on April 13
 
Berkshire Concrete is suing for damages and wants the Planning Board's permit denial overturned.
 
The company seeks permission to operate on its entire property, and to have any future permit applications granted — unless they violate previous permit conditions and fail to fix them after formal written notice, or if the Mine Safety and Health Administration finds a public health danger requiring new restrictions.
 
It also requests that if a future renewal is denied for a violation and Berkshire Concrete disputes it or claims it didn't have time to fix, operations can continue until a  final decision is made.
 
The company claims the town breached its 1992 contract with Berkshire Concrete and the board exceeded its authority in denying the special permit. 
 
Berkshire Concrete claims that as a direct result of the town's breach of contract it suffered damages of no less than 1.9 million and will continue to incur additional damages. 
 
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