Brainerd BPU to pay outside counsel for first-pass review of 2007 sewer-use agreement with Baxter

The Brainerd Public Utilities Commission authorized staff to engage Flaherty & Hood for an initial review of a 2007 sewer-use and capacity agreement with the City of Baxter. Staff said the review will produce a memorandum outlining recommended changes and a roadmap for joint negotiation by the two cities and the Joint Wastewater Management Board.

Paul described the agreement as a lengthy, 60‑page document that was originally written for previous plant expansions. Because the utility is advancing a multistage wastewater facility plan (phase-one biosolids and subsequent liquid‑stream upgrades), staff said the agreement needs technical and legal alignment with the facility plan. Flaherty & Hood's Daniel Marks — experienced in wastewater agreements and offering a discounted rate for member communities — estimated about 10 hours at $285 per hour (estimated $2,850) for the initial memo; the commission approved engagement with a not-to-exceed authorization of $3,500 so staff would not need to return for a small overrun.

Staff emphasized additional attorney time will likely be required during the rewrite and negotiation process; those costs will be budgeted and brought back to the commission as the scope is refined.

Why it matters: the sewer-use agreement governs capacity, strength charges and cost allocations between Brainerd and Baxter for a shared wastewater facility; updating it is crucial to align cost-sharing and future capital improvements.