Dalton Fire District Seeks Legal Action Over Ladder Truck
DALTON, Mass.—The Fire District is seeking legal action against Northern Fire Equipment due to breaching the ladder truck contract.
The Board of Water Commissioners, which oversees the Fire District, voted on Tuesday evening to pursue legal action against the company, through the district’s legal counsel in the state of New York, in an attempt to recover the American Rescue Plan Act funds.
"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 during a previous meeting.
"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."
The ladder 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.
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.
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.
During a previous meeting, Driscoll said Harris Beach said the district had a strong case and quoted a $3,000 retainer and between $280 and $400 an hour depending on what happens. There were other price ranges but that was the biggest range they received.
In a follow-up, Driscoll told iBerkshires that the district will likely cover the cost of the legal fees using district money. How the district intends to cover the cost of the legal fees will be discussed at a future meeting.
Due to the cost and uncertainty surrounding legal litigation, the board initially decided to negotiate a new contract with Northern Fire Equipment which would include multiple stipulations, including passing various state tests and monthly reports with photos.
Since that decision has been made, Northern Fire Equipment has already missed at least one of their deadlines for a month's report, Driscoll said.
The vote to negotiate a new contract became void following an open meeting law violation which was filed by Select Board Chair Joseph Diver because the ladder truck was not specified on the agenda.
District Treasurer Melanie Roucoulet said, during the meeting on Tuesday, that she and the new fire chief will attend an open meeting law course on March 4.
The initial decision also resulted in a vote by the Select Board to send a letter to the Water Commissioners indicating that it did not support the decision.
During this meeting, Town Manager Tom Hutcheson informed the Select Board that according to the town’s legal 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 also said during the meeting that the district has expressed, during previous conversations, having no issues returning the remainder of the ARPA funds to the towns if the renegotiations did not work out.
Following the Fire District meeting on Tuesday, Driscoll said that it is unclear how the district intends to use the remaining ARPA funds but is considering using it for other equipment needed by the fire department. This will be discussed at a later meeting.
Tags: fire district, fire truck,
