Members Present: Chairman Stephen C. Lobik, Vice Chairman Douglas R. North, Clerk Marshall L. Harris, Legal Counsel Ben Coyle and Town Administrator Gretchen Neggers
Superintendent: Craig W. Jalbert
Open the Meeting: The meeting was called to order at 6:30 p.m.
Accept the Minutes: A motion was made by Marty and seconded by Doug to accept the meeting minutes of March 3, 2008 as written. Motion passed unanimously.
OLD BUSINESS:
Palmer Billing Dispute ~ Craig began by giving an overall review of the situation. There are three major points of contention between Monson and Palmer in regard to the calculation of the bill for the use of the Joint System. First, lack of complete budget separation between the agreement defined Joint System (treatment plant, pump stations 1 & 2 and the interceptor connecting same) and Palmer’s collection or piping system. The Commission has learned that an unknown amount of Palmer man hours are being spent outside the Joint System but included in our bill. Legal Counsel Ben Coyle told the Commission that we have the right to examine Palmer’s books in regard to this matter. Second, Palmer’s inclusion of a portion of their Town Manager’s salary (indirect
costs) in the treatment plant budget, which we in turn will pay a percentage. This is a very gray area of the agreement and discussion took place regarding how the costs were calculated. Third, the change in flow measurement which will result in a drastic increase (7% to 10%) in our yearly payment. Craig then spoke about our present status. We have not made final payment for FY 2007 due to the previously mentioned issues. We have made the estimated 1st quarter payment for FY 2008. Discussion took place with Ben Coyle regarding what our obligation is to Palmer at this time and what our legal options are moving forward. Craig informed the Commission that based on conversations with Brian Harrington at MassDEP, we will not have mediation help from them in this. Instead, they will be directing us to the Massachusetts Office of Dispute Resolution. We could use their services in this matter if we are so inclined. The
Commission decided the next step will be to meet with Palmer representatives on March 28th and see where that leads us. How they proceed and react to our issues will determine our next step. It was suggested and discussed whether we should hire an engineer/consultant to review our agreement and the way Palmer is doing business. The Commissioners agreed that we have a good working relationship with (T&H) and we should contact them for professional services in this situation. Craig also suggested it might be wise to have them look into the future regulations on Nitrogen and the long range feasibility of separating from Palmer and having our own treatment plant.
NEXT MEETING: The next meeting has been set for Wednesday, April 2, 2008 at 6:30 p.m.
ADJOURN: At 8:25 p.m., a motion was made by Doug and seconded by Marty to adjourn. Motion passed unanimously.
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Marshall L. Harris, Clerk
cc: Selectmen
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