Okay.

Call the meeting to order 532.

Pursuant to MGL 7C30A 20F.

After notifying the chair of a public body, any person may make a video or audio recording of an open session of a meeting of a public body or may transmit the meeting through any medium.

Beginning of the meeting, the chair shall inform other attendees of any such recordings.

This meeting is being recorded by the town of Great Barrington by CTSB and the Berkshire Edge.

Any member of the public wishing to speak at the meeting must receive permission of the chair.

The listing of agenda items of those reasonably anticipated by the chair, which may be discussed at the meeting.

Not all items listed, may in fact be discussed other items not listed, maybe brought up for discussion to the extent permitted by law.

This is a virtual meeting, so we'll take a roll call.

Phil.

Benfield, Eric

here,

and Steve present.

And tonight's meeting is a discussion and possible vote on a declaration of local emergency concerning the Who's Atonic Waterworks, drinking water supply, and public safety.

Liz, I'll turn it over to you

to

leave the discussion and introduce some of the guests.

Thank you so much.

With me tonight is Michael D'Artensio, our general counsel, as well as Joe Dorfler, our special counsel for water acquisition and who's Atonic or engagement with Who's Atonic Waterworks.

My apologies that we were working on the memo that we sent about a half hour ago to you and fine-tuning it.

So I will go through it for all of you a little bit more detail than I would traditionally do if you had it in advance.

And my apologies that it is typical, Liz, where it's got a little bit more lengthy narrative for you in thinking of all of the aspects because this is an important decision.

This is important conversation that has generated a lot of conversation in the community of the merits of it.

So we do need to talk about that tonight and get some guidance.

And that's why Michael and Joe, as well as I'm here for you as advisors and talking about that pros and cons of it.

So we tonight are going to be, or you, excuse me, you are going to be evaluating tonight a local emergency declaration or a resolution.

So we're going to talk about the pros and cons of either one, what the difference is of those.

Um, but I just want to remind you as well as the vote, um, the people viewing tonight's meeting is that the town is not declaring that the water service has ceased, or should be considered a local emergency as interpretation of issuance of an actual advisory, uh, such as a boil order or anything like that.

And um, and that service interruption is imminent.

Um, it has a potential of it, and that is why we're here tonight.

This is a precautionary declaration in nature.

It reflects the town's responsibility to anticipate potential impacts on both public health as well as essential services.

It requires or it would allow the town to coordinate appropriate resources as well as remain prepared should circumstances change unexpectedly.

And that is really important key element to this is that because of all of the changes and the multiple players in this, anything could happen, and we need to, as a town be responsible in um understanding those um and being able to adapt to

it.

So again, the primary purpose of considering a declaration or a resolution is recognizing the documented vulnerabilities officially, making it a formal actual recognition of it.

It has been done in conversations through other elements such as executive session, but now we are in public session.

We are going to talk about those um recognize vulnerabilities and how that has going to have a potential implication for the broader community, not just for who's atonic water works, but for the entire community because it involves Great Barrington Fire District, which is the other half of our community, and how does how does that create vulnerabilities?

Um, the second thing that the declaration for primary purpose is that it will strengthen our municipal preparedness for this unexpected changes that I had mentioned, um, when drinking water is available or not, the quality of it, as well as the continuation of the actual service.

And then thirdly, the most important primary um purpose of an actual declaration or resolution is that it will support the coordination of municipal, state, and federal partners that are meant to assist us with protecting public health and maintaining essential services.

So while we are talking tonight, please I ask that you reflect on the town's responsibility to plan proactively while also respecting that Hughes Atonic Waterworks is continuing to own the operation, that they are responsible for that.

It is not the town's responsibility.

They are the owners of the actual public or private utility.

They also have regulatory obligations.

And yet, but this type of responsibility that you have will preserve our flexibility to evaluate responsible long-term processes and decisions.

Okay.

So as a background recap or a little Cliff Notes version again, is that the DEP issued an emergency order following who's atonic waterworks inability to maintain actual water production and pressure.

And this happened about a year ago in December of 25.

There was also other types of requirements that Who's Atonic Waterworks was supposed to do.

They did not meet those requirements.

And on September 15th, Mass DAP, excuse me, DEP issued a subsequent unilateral excuse me, advisory or administrative order addressing the capacity and the reliance on the supplemental water.

And from all of that, then it was kind of revealed that Who's Atonic Waterworks has some significant outstanding financial obligations to Great Barrington Fire District, that the fire district also has created it has created this dependency on their actual services.

It has created vulnerabilities for them and additional responsibilities to their own district.

So taken into together, the documented infrastructure deficiencies, regulatory requirements, financial concerns, a reliance on supplemental water, highlights the importance of again a proactive municipal preparedness.

So the town should be positioned to coordinate an appropriate response should circumstances affecting water availability, quality, and continued continuation change unexpectedly.

So the purpose and the benefits of an actual declaration, let's go over that real quick.

The is grounded the town's consideration of a local emergency declaration or resolution.

And again, I'll talk about the difference between the two, very minor, but there is still some differences between those two words.

Is grounded in the town's responsibility to anticipate potential impacts on public health