State's snow removal contractors still waiting

By Chet Williamson

Worcester contractor David Bennett has been waiting for months to get paid. An independent snow-plowing contractor who does work for the state, Bennett isn't alone. Members of the Massachusetts Snow & Ice Contractors Association say getting prompt payment from the state has been a problem for years and they're getting tired of it.

"The last time I received a check was the first week in January for the work I did in December," Bennett says. "Everything else has been owed to me."

Last Friday, Lt. Gov. Timothy Murray signed an emergency bill into law authorizing payment of $89 million that includes $67.5 million owed to independent snow and ice contractors across the state. MassHighway Chief Engineer Frank Tramontozzi assured the Association the state would be sending checks out as soon as possible. But even with that money approved, members say they still will not be paid in full.

"We were informed that even though this legislation was approved and signed by the lieutenant governor and checks are forthcoming, we still will not receive everything we are owed," says Association president Matthew Frazier.

The state originally allocated $25.5 million to the 2007/2008 snow and ice removal budget. To date, the costs for MassHighway have exceeded $100 million.

As far as the snow and ice removal account, there is still another $11,250,000 that has yet to be addressed, says MassHighway spokesman Klark Jesson, adding, "Until you get further into the spring you have a moving target in terms of the final cost."

In late February, members of the Association voted to continue to pressure legislators to approve the supplemental appropriations bill, which they needed passed in order to see some of their money.

The legislation was originally filed Feb. 1 and was finally passed by the House and Senate March 13.

The Association represents some 1,300 members statewide. The rank and file met in various cities and towns across the state, including Worcester, to consider not renewing their contract with the Commonwealth unless it includes a "prompt-pay" provision.

"We are not going back to work next fall without a prompt-pay clause," Frazier says. "MassHighway has been put on notice in writing that we will not sign a new contract unless there is a prompt-pay [provision] and it must be backed by legislation at the State House to allow MassHighway to deficit-spend for snow and ice [removal]."

Deficit spending is not allowed by the state of Massachusetts. Cities and towns, however, do it all the time. For instance, Worcester's snow removal budget was set at $1.16 million this year. It has already exceeded a deficit of $3 million, but everybody has been paid. As Robert Moylan, the city's Department of Public Works commissioner, has stated, "You can't choose not to fix potholes."

Frazier says, "If they were allowed to deficit-spend, snow and ice vendors would be paid that way throughout the winter. There are contractors who worked for MassHighway who have received zero dollars so far. There are some who have enjoyed one or two small checks in December."

The Association's two-year contract with MassHighway expires May 30. Frazier points out that the state has a good six months beyond that to prepare for next winter.

"This is when they need to face this problem and fix it or they are not going to be having anybody signing a new contract," he says.

State Sen. Marc Pacheco (D-Taunton) is a legislator working on behalf of the state's independent contractors. He says though it's unrealistic to expect the state to authorize deficit spending, he recognizes the Association's struggle.

"Quite frankly, I don't blame them," Pacheco says. "So I hope that not only the proper language is agreed to in the contract, but more important, the language is adhered to. And the budget items are authorized and funded.

"The public safety is in the balance here. The state is getting plenty of notice here. [Association members] are not going to put up with this any longer. If they decide to not have the plows go on the streets at the beginning of next year because they don't have the right contract, so be it. We will only have ourselves to blame." o