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08/06/2007
HOLDEN BOARD OF SELECTMEN
SPECIAL MEETING MINUTES
AUGUST 6, 2007

6:00PM  Senior Center

Present:        Chairman James Jumonville, Kimberly N. Ferguson, David White,
                     Kenneth O’Brien, Joseph G. Sullivan (arrived 6:25pm)

Others Present: Brian J. Bullock, Town Manager
                         Stephen Madaus, Counsel
                        Liz Arguin, Recording Secretary

Chairman Jumonville opened the meeting at 6:00PM.  

Review Sewer Capacity memo from DPW Director Galkowski

DPW Director, Larry Galkowski updated the Board about his meeting with John Scannell of Department of Conservation and Recreation (DCR) regarding Holden’s allotment of sewer capacity through the Rutland-Holden sewer trunk line. After reviewing the information presented, “…DCR is satisfied that the Town of Holden is taking sufficient measures to ensure that the average daily allotment of 1.45 MGD will not be exceeded.”

Larry distributed copies of a presentation regarding sewer flows and available capacity. He suggested the Board contact State Representative, Lew Evangelidis regarding necessary funding through DCR so that the Cambridge Street and Newton Square improvements in Worcester can be completed by 2008. These upgrades will provide additional capacity which will be a definite benefit to the Town.

General Discussion of Sewer Capacity Issues

Sel. O’Brien asked about an agreement between the Town of Holden, DCR and the MDC Rutland-Holden Interceptor connection. Counsel Madaus advised the Board that the Sewer Use Agreement provides for the delivery of sewage from Holden, Rutland and West Boylston to various connection points in the City, including the Holden-Rutland Interceptor Sewer (the “H-R Interceptor”). While it appears that the 3 towns were intended to be parties to this Agreement, it was signed only by the MDC and the City of Worcester.

Discussion was held regarding daily and peak flows for sewerage. Mr. Galkowski advised the amount of flow that goes to Worcester.

Sel. Ferguson inquired how the fact that Rutland is at capacity but still approved sewer connection permits for two projects impacts Holden’s capacity. Mr. Galkowski advised that the approval process for sewer extension permits has changed. The DCR has notified Rutland that they have referred Rutland’s actions to their legal counsel for review.

Issues and policies involving existing and future sewer capacity questions.

1) Counsel advised that the fact that Holden does not have a signed Master Sewer Agreement weakens the town’s right to act on the contract. DCR is charged with assuring that capacity with the Town.

2)Discussion was held on the Town of Rutland’s defense that since they do not have a signed agreement, its sewage allocation is not limited. DCR controls capacity allocations for the 3 towns. This should be addressed in a letter to DCR.

Sel. Sullivan suggested a joint meeting with Rutland to discuss sewer capacity. Sel. Ferguson felt a meeting should be held and the Town of Holden should send a letter to the DCR outlining our concerns for existing and future capacity, funding for the City of Worcester, and issues with the trunkline and overall agreement.

Motion by Selectman Ferguson, seconded by Selectman White, it was UNANIMOUSLY VOTED TO HAVE THE TOWN MANAGER DRAFT A LETTER TO DCR OUTLINING THE CONCERNS OF THE TOWN AS TO THE SEWER FLOWS AND AVAILABLE CAPACITY AND WHAT THE PLAN OF DCR IS TO MEET ITS EARLIER OBLIGATIONS.

Chairman Donald D’Auteuil of the Rutland Board of Selectmen spoke to the Board regarding the Worcester projects and what is happening with the Town of Rutland in regards to the current sewer allotment for the surrounding towns.

Adjournment

Motion by Selectman White, seconded by Selectman Sullivan, it was UNANIMOUSLY VOTED TO ADJOURN THE AUGUST 6, 2007 SPECIAL BOARD OF SELECTMEN’S MEETING AT 7:10 PM.

Approved:       August 13, 2007