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.
If you would like to contribute information on this article, contact us at info@iberkshires.com.
Your Comments
iBerkshires.com welcomes critical, respectful dialogue. Name-calling, personal attacks, libel, slander or foul language is not allowed. All comments are reviewed before posting and will be deleted or edited as necessary.
No Comments
PEDA Site 9 Preparation, Member Retirement
By Breanna SteeleiBerkshires Staff
PITTSFIELD, Mass. — The redevelopment of Site 9 for mixed-use in the William Stanley Business Park is set to take off.
Edward Weagle, principal geologist at Roux Associates, gave an update on the yearlong work to the Pittsfield Economic Development Authority last week.
"It's been a real pleasure for me to work on a project like this," he said. "This is kind of like a project of a career of a lifetime for me, and I'm very pleased to see that we're just at the finish line right now. My understanding is that all the documents are in front of the commissioner, waiting for her to sign off."
Mill Town Capital is planning to develop a mixed-use building that includes housing on the site. Roux, headquartered in Islandia, N.Y., was hired assist with obtaining grant financing, regulatory permitting, and regulatory approvals to aid in preparing the 16.5-acre site for redevelopment. Approximately 25,000 cubic yards of concrete slabs, foundations, and pavements were removed from the former GE site.
Once the documents are signed off, PEDA can begin the work of transferring 4.7 acres to Mill Town. Weagle said the closing on this project will make it easier to work on the other parcels and that he's looking forward to working on Sites 7 and 8.
PEDA received a $500,000 Site Readiness Program grant last year from MassDevelopment for Sites 7 and Site 8. The approximately 3-acre sites are across Woodlawn Avenue from Site 9 and border Kellogg Street.
In other news, the state Department of Transportation has rented the east side of the parking lot for CDL (Commercial Driver's License) training. This is an annual lease that began in September and will bring in $37,200 in revenue.
Lastly, the meeting concluded with congratulations to Maurice "Mick" Callahan Jr. on his retirement.
Callahan is a former chair and a founding member of PEDA, dating back to when the board was established in the 1990s. He has also served on a number of civic and community boards and has volunteered for many organizations in the Berkshires. He is the president of M. Callahan Inc.
"The one thing that's been a common denominator back is that you've always put others before yourself. You've served others well. You've been a mentor to two generations of Denmarks, and I'm sure many generations of other families and people within this city," said board Chair Jonathan Denmark. "We can never say thank you enough, but thank you for your services, for the creation of this board, your service to the city of Pittsfield, and to all the communities that you've represented and enjoy retirement."
"It wasn't always easy to be in the position that you were in Mick, but you handled it with so much grace, always respecting this community, bringing pride to our community," member Linda Clairmont said. "I could not have accomplished many of the things I did, especially here for this business part, without you all of the Economic Development discussions that we had really informed my thinking, and I'm so grateful."
Callahan left the team with a message as this was his final meeting, but said he is always reachable if needed.
"I also have to say that a lot of great people sat around this table and other tables before the current board, and the time that I had with Pam [Green] and Mike [Filpi] sticking around, the leadership of this mayor [board member Linda Tyer], and it really, it was always great synergy," he said.
"So don't be afraid to embrace change. And you know, you got a business model. It's been around long time. Shake it up. Take a good look at it, figure out where it needs to go, and you're lucky to have leadership that you have here."
Kyzer and Cali are both poodles. Kyzer is the male and is 7 years old, and a little bigger than his sister Cali, who is a miniature of Kyzer and 8 years old.
click for more
A 700-square-foot outdoor water attraction is planned for the 2.1-acre park at 30 John Street. City officials hope to have it operational by summertime.
click for more