Dalton Select Board Disagrees With Renegotiation For Ladder Truck
DALTON, Mass.—The Select Board expressed concerns Monday regarding the Board of Water Commission's decision to renegotiate a contract for a fire truck with Northern Fire Equipment.
The board voted to send a letter to the Water Commission indicating that it does not support the decision because of the significant delivery delay of the apparatus and since the intended use of the funds does not appear to be possible.
The intended use was to get a "good" ladder truck for the price offered. Based on the mechanical malfunctions and delays this does not appear to be possible, the Select Board said.
The board unanimously agreed that it would be unwise to carry on doing business with Northern Fire Equipment and expressed doubts about the truck's future state and the company's ability to refurbish it in a timely manner.
In 2022, the Select Board approved the transfer of $119,500 in American Rescue Plan Act 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.
The fire truck was ordered in late 2022 but its delivery date has been changed at least four times. Northern Fire Equipment has said staffing shortages, change orders and unexpected mechanical malfunctions have contributed to the delay.
Despite earlier reports from the district that the ladder truck had entered the paint booth last August, it was disclosed in a board meeting in October that the truck was far from completion.
"We are throwing money after a rust bucket," Select Board Chair Joseph Diver said. "We have all seen the pictures."
The Board of Water Commissioners, 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 ARPA funds back to the town.
The ARPA funds must be committed, with a contract signed for spending it, by Dec. 31 of this year, Town Manager Thomas Hutcheson said.
"I'm not really sure why the Water Commission would throw good money after bad so I want to know what our legal options were," Diver said.
According to counsel, the Select Board does not have any legal options to reclaim the money from the district because the funds were already signed over to it, Hutcheson said.
"I think the best course will be to let the current situation play out. I know the new [Fire Chief Christian Tobin] is not enthusiastic about the piece of equipment either," he said
During its monthly meeting in January, commissioners expressed not being "thrilled" with their own decision but said 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. More information on that meeting here.
Although the district's lawyer said the town has a strong case, the board considered the lawsuit would have been a long and costly process.
In addition to that, it still could have resulted in the district being unable to reclaim the down payment, commission Chair James Driscoll said during the Fire District meeting.
"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.
The question remaining is can the $77,000 be recovered if Northern Fire does not meet its obligation, which "I think is highly likely," Hutcheson said.
If it does not, the district is willing to pursue legal action if that is a cost-effective option, he said.
The commissioners did indicate that if the agreement with Northern Fire Equipment does not work out, "which again, I think is very likely" there isn't a problem in returning the balance to the town, Hutcheson said.
Tobin said in a followup that he will collaborate with Hutcheson and the district regarding the ladder truck situation and will discuss his thoughts at the monthly Fire District meeting.
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