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Commission approves 2.7% CPI increase to monitoring fees for High Rocks and BMR amid payment dispute

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Summary

The Water & Sewer Commission voted Feb. 13 to raise annual monitoring fees for the High Rocks and BMR properties by 2.7% per the Consumer Price Index. Commissioners discussed a long-running payment dispute with the High Rocks condominium, questions about backdated increases, and the need for a municipal agreement with North Smithfield.

The Town of Blackstone Water & Sewer Commission voted unanimously Feb. 13 to increase monitoring fees charged to the High Rocks and BMR properties by 2.7, the Consumer Price Index (CPI) increase released in December.

Commission members said the contract governing monitoring fee adjustments requires an annual CPI-based increase. Tom Devlin moved to apply the 2.7% CPI increase; Jake Stanley seconded. The commission called and passed the motion without recorded opposition. Commissioners discussed how and whether past uncollected CPI increases should be applied and whether any increases could be backdated, noting attorneys are handling the dispute.

Commissioners described a separate but related dispute over unpaid monitoring fees from the High Rocks condominium. According to discussion, the High Rocks have argued against paying certain increases and retained counsel; the town’s legal counsel is negotiating what years of unpaid increases can be retroactively billed. Commissioners said options under legal review included applying increases only back to a specified recent year (members mentioned 2022–2023 as possibilities) rather than as far back as 2017.

Discussion at the meeting addressed billing practice and metering. Commissioners said the High Rocks are billed under a single large meter that serves multiple units, that the town’s bylaws include a provision for unit billing for developments over six units, and that the High Rocks previously used contractual language from the 1950s to avoid unitized billing. Commissioners discussed whether North Smithfield should be engaged in a municipal agreement governing flow, capacity and billing and referenced a historical municipal contract and recent negotiations.

Members expressed frustration with the length of the dispute and said they want the town administrator and selectmen involved in negotiations, and that attorneys would address any retroactive calculation (including whether prior added flat increases and compounded interest are legally enforceable). The commission did not set a date for further board action beyond the vote to apply the 2.7% CPI increase for the coming year.

Ending: The commission approved the CPI-based fee update and directed staff and town counsel to continue negotiations on unpaid past amounts and any needed municipal agreement with North Smithfield.