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2008-12-30
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63 ~ to haul sludge. Dan Tingle explained that you would still have to pay the disposal fee to <br />Belmont on top of paying an hourly fee for the contractor's truck. and labor. The last time <br />Dan check on the cost three years ago it was double or triple what it costs us to haul it <br />ourselves. We are currently hauling 19 loads per week at 4,000 each load. There is <br />approximately 150,000 gallons currently stored in tanks that need to be hauled out to <br />reduce the amount of sludge and get the ammonia levels down. Tim Currens explained <br />that Belmont could get into a position where they can no longer accept out of county <br />sludge that they are not responsible for. Dan got an estimate of $12,000, which includes <br />our dispasal fees, for someone to haul for three or four weeks to catch us up. <br />Councilman Warthen. asked if we hired someone 4 times a year at $12,OOD each time, <br />could we stay caught up? Dan said we could. do that but it might be more cost effective <br />in the long run to go ahead with Phase I and that is what he would like to see happen.. <br />Dan explained that during warm weather he still might not be able to meet our limits even <br />with the additional hauling. Tim Currens stated that the State is requiring the Town to <br />came up with a plan to get the ammonia levels down in order to avoid fines and penalties. <br />Councilman Warthen made a motion, second by Councilman Clark to authorize Dan to <br />contract the hauling of the excess sludge until a decision could be reached regarding the <br />plant upgrade. Motion can-ied ~-D. Tim Currens will contiict HNTB to see if the State <br />will be satisfied with that plan. Councilman Bryant slated that a decision on Phase I is <br />still needed. soon. <br />Vickey Feeney was present, at the request of Councilman Bryant, to discuss the sewer <br />backup in her home last December. He explained to her that the process for recovering <br />her losses would be for her insurance company to pay her anal then they could come back <br />to the Town's insurance company to attempt to recover their loss. She stated that her <br />insurance adjuster still wants the Town Co accept responsibility and they are concerned <br />that if they pay a check to her and she cashes it, she would be releasing any further claim <br />against the Town. Councilman Bryant asked Larry Long of Hadley, Cook and Quillen, <br />which is the Town's insurance carrier, to further explain to Mrs. Feeney haw the process <br />works. Larry explained that her insurance company could pay her and then subrogate <br />against the Town's insurance company to get paid back what they paid out, but that is the <br />most they could recover if they show that the Town was negligent. Mrs. Feeney stated <br />that she has received two letters from. the Town's insurance company stating that the <br />Town was not negligent. Larry Long said that Joe Beikman, Sewer Superintendent, had <br />told the Town's insurance company that there had not been a problem in that particular <br />sewer line since 1990. He went on to say that if someone puts something down the sewer <br />and a blockage occurs the Town is not responsible for that blockage. However, if they <br />come and clean it otrt and it backs up into someone else's sewer or comes back into hers, <br />then the Town is negligent. Vickey then stated that she had lived in the home for almost <br />three years and that she and her mother had made calls to the Town concerning small <br />amounts of water its her basement before, however no one had ever come to her house to <br />check it out. Then, in December when the major blockage occurred, she had three :feet of <br />sewage in her basement that stayed there until someone from the Town came and cleaned <br />it out, at which time it drained immediately. She stated that right Chen and there, she was <br />told that it was the Town's fault. She said it was never stated in the letters that she had <br />had a flow problem for three years. Larry Long said that it was the adjuster's <br />understanding that the previous water in her basement was surface water and not sewage. <br />Tim. Currens explained that the law states that if there is an immediate blockage from <br />something that has been put down the sewer, the Town is not negligent_ However, if her <br />insurance company would go ahead and pay her claim then they could sue on her behalf <br />to attempt to recover their loss. Larry Long said that if that happened, the Town's <br />insurance company would pay their legal fees. Councilman Bryant asked Joe Beikman iF <br />he knew what caused the blockage in the line? He answered that he believed it was <br />grease. Councilman Bryant told Vickey that that is the process she would have to go <br />through. Vickey stated that she was hearing that for the first time and. asked why she was <br />told previously by Councilman Mathis that if she would copy receipts anal lure in claims, <br />which she has done, that she would be paid, and that has not happened. Councilman <br />Bryant stated that that is why he asked her to be at this meeting so everyone would be <br />involved in the swine conversation and went on to explain that the Town Council cannot <br />pay out money for claims that the Town's insurance has denied or people would be <br />coming to them with claims all the time. Councilman Warthen asked Vickey when she <br />contacted the Town Hall? She; stated that she called. Joe Beikman's office when she came <br />home to the backup on or around December 20~' but no one came to look at it until <br />around Jantrary 6'''' and. that she was told on the phone that it was her fault because she <br />did not call the police department, which she says she did not know to do. Councilman <br />Bryant then stated that Vickey's insurance adjuster had indicated Co him that she would <br />write her a check whenever she said to. He advised Mrs. Feeney to have them to do that <br />1 <br />1 <br />1 <br />to start the process. She said she would. <br />
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