02.17.21 7pm
MINUTES FOR TELEVISED HOLLIS SELECT BOARD ZOOM MEETING
Wednesday, Feb. 17, 2021, 7:00PM
Attendees: Select Board members - David McCubrey, John Rogala, Mary Hoffman; Town Clerk - Martha Huff; Code Enforcement Officer - Tammy Munson; Fire-Rescue Chief - Chris Young; Select Board Office Asst. - Bennet Flinner; Guests: Chad Chahbazi and Stephen Barret of Cenergy Power; State Rep - Nathan Carlow; Public - Becky Bowley.
1. Call To Order: Meeting called to order by Chair McCubrey at 7:02pm.
2. Unfinished Business: None
3. New Business:
a. Weekly Warrant and Payroll Totals: Warrant last week - $475,801, Warrant this week - $39,839; Payroll last week - $34,032, Payroll this week - $12,595.
b. Purchase Orders: To Scarborough Public Works for ongoing maintenance and repairs of Fire-Rescue Dept. apparatus not to exceed $10,000; To Medical Education Solutions for Paramedics training not to exceed $1,050; To Armstrong Medical for EMS equipment not to exceed $1,050; To Lucas Tree for insect/tick treatment of Hollis Sports Complex and Clarks Mills ball field not to exceed $5,461.50.
c. Correspondence: None
d. Tammy Munson, CEO – Ordinance change proposal. Munson asked the Board and the public for any recommendations or thoughts in updating the Town's building code and its specific requirement for well water testing in order to obtain an occupancy permit. Section A of this code requires that new wells be checked at a point of entry system opposed to point of use system. These types of systems can cost up to $10,000 to buy and install. Would the Board want to leave it the same, change it so the testing is done using point of use (faucets) or eliminate the section entirely? Munson researched to see why this requirement was implemented, but has not found anything in the Town's records.
McCubrey asked Munson what the standards currently are in the industry. Munson indicated that Hollis is the only municipality she has worked for that has this standard of well water testing. We currently test for arsenic and radon, which is standard practice. She feels that any input from the public that may know why this specific requirement was implemented would be helpful in deciding whether or not the Town should change it. McCubrey stated that the Town should do what the CDC recommends to keep people safe.
Resident Becky Bowley recommended speaking to the Chair of the Planning Board to find out why this was implemented as part of the building code. She only knows that water testing is required for new homes. Munson stated that it wasn't a Planning Board decision, but a Select Board decision since it was implemented in the Building Code. Does the Select Board want to add it to the warrant for June? McCubrey stated he is in agreement. Hoffman asked that more research be done to make sure that it wouldn't be a health hazard if the standard was removed from the Town's building code. Munson stated she will research this further with a group from Maine state building officials and get some feedback for the Board.
e. Cenergy Power Solar Farm P.I.L.O.T. (Payment In Lieu of Taxes) Program for Salmon Falls Road Solar Farm: McCubrey indicated that the state hasn't decided how solar farm businesses will be taxed yet; therefore the Board received a P.I.L.O.T. agreement for review from Cenergy. After reviewing the program document with the Town's Assessor, Deb Stitson, it was found that Deb does not recommend the Board sign the agreement.
On the motion of Hoffman and Rogala, the Select Board will not sign the agreement for payment in lieu of taxes with Cenergy Power at this time.
Discussion: Chad Chahbazi, VP of Project Development of Cenergy Power introduced himself and stated that he works for the company developing the solar farm being built on Salmon Falls Road. Chahbazi indicated that this tax issue was something brought forward during the process of attaining a conditional use permit (CUP) from the Hollis Planning Board at the end of last year, and he is happy to take it under submission. He has been in touch with the Maine Renewable Energy Association (MREA) and they are working on a property tax regime for these types of solar projects. Chahbazi said MREA feels confident that there will be a draft revenue bill from the Governor's office as early as next month with an expected rate of $2,000 per megawatt. He doesn't believe a tax agreement was something that had to be in place for the CUP, but wants to be sure that the project can move forward. McCubrey asked the CEO for clarification of this condition. Munson thought perhaps it was mentioned under the condition in regards to the decommissioning plan. McCubrey said the decommissioning plan was a separate issue that will be discussed later. Munson went on to say she recalled that the Planning Board began discussions about the tax concerns, but it was ultimately decided that the condition would follow what the Town required. Chahbazi agreed with Munson. Resident Becky Bowley recalled that the tax implications would be negotiated through the Select Board and Tax Assessor. Chahbazi read from the CUP under point #11 "The applicant will work with the Hollis Select Board and Assessor regarding property taxes and the possibility of payment in lieu of taxes."
McCubrey reviewed the motion on the floor and took a vote. Motion passed unanimously, 3-0.
f. Cenergy Power Decommissioning Plan for Salmon Falls Rd Solar Farm: McCubrey indicated that as part of their Conditional Use Permit, Cenergy Power must have a decommissioning plan in place prior to obtaining building permits. Cenergy is proposing a $100,000 bond that would ensure clean up when the solar farm shuts down. Chahbazi indicated that they have a bond broker that will work with them to put the bond in place to be used if in the unlikely event they don't clean it up. Chahbazi said that the bond amount is the same as several similar sites in Maine that have been approved. McCubrey asked how can they add the Town of Hollis on the bond. Chahbazi said he would work with the bond broker to have it added.
On the motion of of Hoffman and Rogala, the Select Board accepts the proposed decommissioning plan with a $100,000 bond and the Town of Hollis listed on the document.
Discussion: Chahbazi asked that the Board have the bond in place before the system is turned on, as they have done with other jurisdictions. McCubrey asked CEO Munson if the CUP indicates that the bond be in place prior to construction. Munson answered that the language within the CUP would need to be reviewed. Chahbazi read the CUP point #10 "Applicant will work with Hollis Select Board on finalizing decommissioning plan." Chahbazi agreed that the bond can be in place prior to obtaining the permits and will work with their bond broker to make it so.
Hoffman amended her motion to add "the bond will be in place before building permits are issued." Rogala seconded. Motion passed unanimously, 3-0.
g. Amended Policy #10 -Schedule of Fees: Tabled for a future meeting, more corrections are required.
McCubrey mentioned that the Planning Board would like to revisit their Fee schedule because a subdivision in Waterboro is being developed with their open space located in Hollis. Since the lots are not in Hollis, the Planning Board Chair would like discretion to change the fee schedule so the developer won't have to pay the lot fees of $500 per lot, and a $2,000 subdivision application fee. It is a 25 lot subdivision. Hoffman suggests that the Planning Board submit changes to their fee schedule to the Select Board. The Planning Board is meeting with Waterboro's Board on March 3rd. McCubrey suggested putting off changes until they speak to Paul Mattor. Hoffman and Rogala agreed.
h. Vacation Time Rollover for Employees: On the motion of Hoffman and Rogala the Select Board agree to allow staff to roll over one week of vacation to next year. Motion passed unanimously, 3-0.
4. Other Business: Representative Nathan Carlow provided a State Legislation update. State Revenue sharing is doing well given financial conditions. In 2020, Hollis received $70,000 more in revenue sharing than it received last year despite financial repercussions of COVID-19. There are 2 factors that have precipitated the increase: recreational and medical marijuana sales tax and increased percentage of shared revenue from 2 to 3% in 2020 and to 3.75% in 2021. Carlow indicated that the Board will receive bill information in regards to taxation Solar businesses. The final bill that is approved will be available online. Asked the Board's support at the Public Hearing for LD 412 on Tuesday, March 2 at 9:30am.
McCubrey announced that the Town received a matching grant for the Muddy Brook Road project for up to $125,000.
5. Upcoming Committee and Board Meetings
- There will be a Finance Committee Zoom meeting on Monday, Feb. 22th at 6:00PM.
- There will be a Planning Board Zoom meeting on Wednesday, Feb. 24th at 7:04PM.
- There will be a Select Board Zoom meeting on Wednesday, March 3rd at 7:00PM.
6. Public Comment: None
7. Executive Session: On the motion of McCubrey and Hoffman, Select Board went into Executive Session pursuant to 1 M.R.S.A. §405(6)(A) to discuss a personnel matter at 7:50pm. Motion passed unanimously 3-0. All three Select Board members and Chief Young went into the Town's office trailer and the doors were closed at 7:54pm. Executive Session ended at 8:50pm.
8 Select Board meeting was reconvened at 8:55pm.
McCubrey made a motion that no special action be taken at this time. No second. Motion failed.
On the motion of Rogala and McCubrey the Board will take no action at this time in regards to the Executive Session.
Discussion: Hoffman asked what taking no action would mean and when would they have to take action. McCubrey indicated that nothing would happen and things would stay the same. Hoffman asked if the Board can discuss it at a later time. McCubrey said this motion would make it final. Hoffman added that she'd like to think about this for a couple days. Rogala agreed with Hoffman. McCubrey indicated that they had the information for over a month. McCubrey took a vote, Hoffman voted no. Rogala asked if they could have the option to have more time to think about this issue. McCubrey agreed and withdrew the motion.
On the motion of Hoffman and Rogala the Board will re-address this issue in two weeks. Motion passed 2-0-1. McCubrey abstained.
9. Adjournment: On the motion of Rogala and Hoffman, the Select Board adjourned the meeting at 9:04pm. Motion passed unanimously, 3-0.
Meeting minutes submitted by Bennet Flinner, Select Board Office Asst.
Minutes approved at the 03.03.2021 Select Board meeting.