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Commission presses legal options as High Rocks/BMR fall behind on monitoring fees
Summary
The Water & Sewer Commission discussed collection options for High Rocks and BMR, noting a $49,887.87 outstanding balance (net of a July 2024 payment) and proposed inviting town legal counsel to a future meeting to pursue liens or other remedies.
The Town of Blackstone Water and Sewer Commission spent a substantial portion of its March 13 meeting on overdue monitoring fees for High Rocks and BMR and options to collect outstanding charges.
Gary (water treatment staff) and other commission members reported that High Rocks made one payment of $12,265 on July 1, 2024, leaving an outstanding base balance of $49,887.87, not including penalties or interest that the municipality’s billing system (Munis) would calculate on a daily basis. The figure was described as the base fees plus Consumer Price Index increases for prior quarters; penalties and daily interest must be generated through the Munis system before being billed.
Commissioners discussed enforcement options. Tom Devlin said turning off water service had not been effective in prior attempts and that town selectmen and legal counsel needed to act. Commissioners proposed asking the town attorney to attend a future commission meeting to review legal options and noted an alternate route: an intermunicipal agreement with Smithfield that would allow Smithfield to bill and, if necessary, place liens on properties to secure payment. Jake Stanley and Bruce Patterson supported pursuing the attorney’s advice and exploring an agreement with Smithfield to create stronger collection leverage.
No final enforcement action was taken at the meeting; commissioners set a target of requesting legal counsel to attend the April 10 or May meeting to discuss next steps. Gary was asked to coordinate an invitation through the town administrator. Commission members noted that pursuing an intermunicipal billing arrangement could involve waiving an out-of-town fee in exchange for lien authority through a partner municipality.
Commissioners also discussed whether past court rulings affect how far back the commission can seek fees; Gary referenced a 2012 court decision discussed with legal counsel that allows the town to pursue fees three to four years back in similar circumstances. The commission asked staff to prepare full documentation of amounts, payments and legal options for review by counsel at the next meeting.
Key figures and actions discussed: - Payment recorded 07/01/2024: $12,265 (applied). - Base balance due (before penalties/interest): $49,887.87. - Next step: request town attorney attend a commission meeting to advise on collection and lien options; consider intermunicipal agreement with Smithfield to enable liening of properties.
