Dalton Fire District Seeks to Renegotiate Ladder Truck Contract

By Sabrina DammsiBerkshires Staff
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DALTON, Mass. — The Board of Water Commissioners voted on Tuesday to have its internal legal team negotiate a new contract for a fire truck with Northern Fire Equipment.  
 
The fire truck was ordered in late 2022 but its delivery date has been changed at least four time. Northern Fire Equipment has said staffing shortages, change orders and unexpected mechanical malfunctions have contributed to the delay. 
 
The board, which oversees the Fire District, said the new contract would include the stipulation that the ladder truck must be done by April or May, and monthly reports with photos must be submitted to the Fire District. 
 
The contract also would include a requirement that the truck pass various state tests, including a ladder certification test, state Department of Transportation roadworthiness test, and a commercial vehicle inspection. 
 
If the ladder truck is not complete by May 15, the board voted to transfer the remaining amount of the American Rescue Plan Act funds back to the town. 
 
The town must spend its ARPA funds by the end of fiscal 2024, June 30, or lose the money.
 
In 2022, the Select Board approved the transfer of $119,500 in ARPA funds to the Fire District for the purchase of the refurbished ladder truck. 
 
A down payment of $77,000 was paid to Northern Fire Equipment on Oct.18, 2022. The district is holding the remaining $42,500 in a separate account.
 
Although the board was not "thrilled" with the decision it seemed like the most feasible and quickest option. The commissioners had three options to consider: go to court to attempt to reclaim the $77,000, take the truck, or do nothing. 
 
"In New York State we can't attach legal fees to a lawsuit. So, whatever the legal costs are the Fire District will incur," Chair James Driscoll said. 
 
"And [Harris Beach Attorneys at Law in Pittsford, N.Y.] have warned me that even if we get a settlement there's no way, even with a judgment against them, that we can get them to actually pay."
 
Harris Beach gave the district a quote of a $3,000 retainer and between $280 and $400 an hour depending on what they have to do. There were other price ranges but that was the biggest range they had, Driscoll said. 
 
If the district were to have gone ahead with the lawsuit, the district's lawyer and the New York attorneys said the district has a strong case and "there shouldn't be any problems," he said. 
 
"It doesn't matter whether we win this case or not. It's whether or not [the owner] has the money to give to us and if he doesn't, he'll just drag this out forever or just close down," Driscoll said. 
 
Based on conversations with the owner, he said the shop is not working on any other projects so there's no reason not to complete the truck for the price agreed on, $119,500. 
 
"We can move ahead with this as a legal matter or we can turn around and entertain the thought of getting something for the $77,000 that we already paid Northeast Fire," Driscoll said. 
 
The owner's stance is that the truck belongs to the district. But it cannot be driven because of its condition. If the district decided it  did not want to take the truck, the owner wants it out of the shop. 
 
Commissioners questioned this as they never signed anything accepting the truck unless Town Hall signed something when it sent the down payment. 
 
The biggest problem is that they do not know, Driscoll said. Town Hall will be contacted for information but the renegotiation will also provide them the paperwork that they are lacking.  
 
"[The owner] wants [the truck] out if we're not going to do anything with it. They haven't done anything because we said we started legal action with our lawyers," Driscoll said. 
 
Interim Fire Chief Robert Czerwinski asked what Northern Fire Equipment's insurance company has to say and if they are interested in settling. 
 
"I would think that he's covered by some type of professional liability, and he didn't produce," Czerwinski said. 
 
He also recommended that the district ask Northern Fire to show them the paperwork where it says the district owns the truck. 
 
Although she isn't certain, Melanie Roucoulet, district treasurer and clerk, said she believes the previous contract included a stipulation that if the truck was not complete by a certain time then they would be given a discount. Roucoulet will look into this further. 
 
Board members expressed a number of concerns regarding the truck's condition, including the uncertainty of how long the ladder truck would last when they did receive it. 
 
"Well, I got mixed emotions. They've had it for two years, and they’ve done nothing to it. I would hate to see what the truck looks like once they fixed it, sent it to us, and we had to pay the whole thing," board member Camillus B. Cachat Jr. said.
 
The employees who went to inspect the truck recommended the district not take it, Driscoll said. 
 
"It will be a running truck when we get it. It will be completely finished the way they agreed originally," he said. 
 
"And I only explored [the renegotiation option] because I'm not really thrilled with the thought of not getting anything back to the district and putting out best estimate guess of somewhere between $25,000 and $30,000 for legal fees to try to get the money."
 
Renegotiating a contract would also be a quicker process because the situation would be resolved in April or May, while a lawsuit would likely take longer, Driscoll said. 
 
When asked his thoughts, Czerwinski said he was not certain how long the truck would last but was skeptical that it would make it through the year. 
 
"I would think 30 to 90 days is going to be, probably about the max that you would get. I don’t think you would get a year," he said. 
 
Czerwinski reiterated that is why the truck needs to pass various inspections before they accept it. 
 
More information on the ladder truck and the Select Board's involvement here

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Prospect Meadow Farm Opens New Vocational Barn

By Breanna SteeleiBerkshires Staff

A charcuterie board at the event displays fare from some of the regional producers.

PITTSFIELD, Mass. — Prospect Meadow Farm last week officially opened a new barn to sell plants and other goods it produces.

Prospect Meadow Farm Berkshires is an expansion of ServiceNet's first farm in Hatfield that has provided meaningful agricultural work, fair wages, and personal and professional growth to hundreds of individuals with intellectual and developmental disabilities since opening in 2011. 

The Berkshires farm opened on Crane Avenue two years ago and has now introduced a new vocational and unwinding space for the more than 25 farmhands who get paid a minimum wage.

"This is a facility for our folks who work on the farm to learn additional skills and do additional work," said Vice President of Vocational Services Shawn Robinson at the Friday event. "So we have a food packaging space, we've got a walk-in cooler space, we've got a floral design space, we've got a farm store room for staff, lunch room, and then a meditation room that we're standing in now, which is when you're having those hard moments and you need to get away from everything.

"This is going to be a peaceful place you can find and sort of find some comfort, and then hopefully get back to work."

The barn was built by funds from the state Executive Office of Economic Development and the state Department of Agricultural Resources that equated to around $600,000, with ServiceNet contributing around the same amount. The structure took over a year to build.

The state's Department of Developmental Services Commissioner Sarah Peterson spoke on how meaningful this farm and ServiceNet is to her and that this place is important to those who need it.

"Places like this are so crucial because they create opportunities for people living with disabilities that aren't plentiful," she said. "People living with developmental and intellectual disabilities have an unemployment rate over 25 percent five times the rate for people without disabilities, even more jarring is under appointment, which is at 80 percent. That means that four out of every five people with disabilities earn below market rate wages and have limited upward mobility.

"The building itself is really impressive, but what you're really seeing here is the result of vision. It's about opportunity, it's about community, and it's founded in the belief that every person deserves the chance to learn and work and contribute to thrive under the leadership of ServiceNet."

One aspect of the barn will be the market where produce from the farm and other local growers will be sold as well as keeping the tradition of Jodi's Seasonal, which previously occupied the location, alive with plant sales. The market will be open Monday through Saturday from 10 a.m. to 3 p.m.

"Everything you see in terms of the tomatoes, the fresh produce, that's all done with the hands of our farm hands here, individuals with disabilities who get out every single morning, get in those greenhouses, put their hands in the dirt, and make all of this happen, and this is just the start," said Robinson. "This farm is a little over a year old at this point, but give it another two years, and we hope to be growing enough food to share throughout the Berkshires."

Robinson said the farm is focused on local food security, recently partnering with the Hatfield Council on Aging and planning to work toward making enough food to partner with places in the Berkshires.

He said the barn serves the Hatfield farm and what the employees here needed.

"We've been able to learn the needs of the farm hands who work there and so we have learned that they need a comfortable break space for those times where it's hard to be out in the fields, we've learned that a quiet space for when you're going through something you need to be away from people are key, and then also we have a small farm store in Hatfield, but we've seen increasing interest in retail work from our participants, so we thought it was time for a larger-scale farm store," he said.

Robinson noted that Prospect Meadow Farm has helped the individuals working there feel valued and head.

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