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Watapua Water Board accepts $293,000 mediation settlement with Westport, forwards findings to Fall River City Council
Summary
The Watapua Water Board voted to accept a nonbinding mediation outcome that recommends Westport pay $293,000 to Fall River for past unpaid water bills and to forward the mediator's findings to the Fall River City Council and finance committee.
The Watapua Water Board voted unanimously to accept a nonbinding mediation settlement that recommends the town of Westport pay $293,000 to the City of Fall River for past unpaid water bills and to forward the mediator's findings to the Fall River City Council and finance committee.
The settlement recommendation comes from a mediation conducted Feb. 12 and summarized in a letter from former Judge Moses. Paul Clark, a staff member who reviewed the mediation record for the board, said the $293,000 figure represents the cost to the city of supplying water to Westport, excluding interest and penalties. "I find it to be a fair and reasonable compromise of this matter, which avoids expensive, lengthy, and uncertain litigation," Clark said, citing Judge Moses' written opinion.
Why it matters: the mediation ends a disputed billing claim between the two governments and, if accepted by the Fall River City Council, would resolve the city's claim without pursuing litigation. Clark told the board the judge also noted possible alternative court outcomes, including a scenario in which Fall River could owe Westport roughly $24,000 or, conversely, a much larger claim by the city that included interest and penalties; those higher figures were not part of the mediated number.
Board action and next steps: the board moved to accept the settlement and to forward Judge Moses' findings to the city council and finance committee; the motion carried by voice vote. The board did not record individual roll-call tallies in the transcript. The board's acceptance does not itself bind the city council, which will receive the mediation report and determine whether to accept the recommendation.
Context and limits: board members repeatedly described the settlement as avoiding uncertain, expensive litigation and emphasized the mediation number reflected the cost of service rather than a punitive charge. The board also said it had previously reviewed abatements and related billing actions as part of doing due diligence on the dispute.
No further formal action by the Watapua Water Board was recorded at the meeting; the board's packet includes the mediator's letter and the pre-mediation materials that were sent to the mediator.
