Saturday, September 20, 2008

Town Meeting: Water Company Cost Overruns

When will this nightmare end? Year after year, the water company takes in far less than it spends, and the taxpayers have to make up the difference. When the water company was established, townspeople were told it would be self-supporting. It's just not fair for most of us to have to bear the cost of our own wells, maintenance, water testing, etc, and then have to also subsidize the water company's customers. When are we going to say "enough" and elect water commissioners who will promise to set rates that will cover expenses? And if it turns out that can't be done, let's sell the water company to the users and let them control their own fate.
Town Meeting: Article 3

This article seeks $20,000 to hire someone to assess renovation of town hall. There is continuing concern about ADA compliance, and other renovations certainly could be considered. If this has to be done, I'd prefer using the expertise of townspeople (at no cost) rather than paying an outside consultant, but that attitude has always fallen on deaf ears down at town hall. Consultants often buttress the "edifice complex" of some of the town hall denizens, producing grandiose proposals like the ones I've starting hearing about for a library.

It's important to note this appropriation would be for town hall only, not a police station or a library or a senior center or any other pipe dream. Of course, one thing can lead to another, and I worry about the "getting a little bit pregnant" risk.

I need to be convinced that we really need to do this before I vote for it.
Town Meeting: Cell Towers

Article 1 on the warrant for the October 4 special town meeting seeks to empower the selectmen to lease a portion of the town hall property to a cell tower company. It is an exercise in futility.

Two years ago we adopted a cell tower zoning bylaw that was designed to prevent cell towers in town. Among its many defects: (1) Celltowers are permitted only at Catamount and the town hall property on Route 71. There has been a tower on Catamount for years and, despite some extensive marketing efforts by the company that owns it, no telecom company (i.e., cell phone company) is interested in putting an antenna on it. It's just in the wrong place; it doesn't provide coverage adequate for a telecom company to want to use it. The town hall property is in the runway path of the Great Barrington airport. It is likely the FAA would not permit any tower anywhere on the site, and it is virtually certain the FAA would not allow it if the airport owner and the pilots who use the airport are opposed. They are. (2) The bylaw doesn't permit any lighting on a tower. Can you imagine a tower in the runway path of an airport without lighting? (3) A tower must be at least 500 feet from any dwelling and at least one and one-half times its height from the property boundary. It's not clear those requirements could ever be met at the town hall site, especially given the need to erect a tower where it will provide the coverage the telecom companies want. (4) Even if all these (and a host of other) obstacles could be miraculously overcome, a tower would require a special permit from the planning board (which requires the positive vote of 4 of the 5 members of the PB), and their record on this issue doesn't inspire optimism.

I've spoken to the guy from Mariner Tower whose visit to town hall early this summer precipitated this article. He is pretty certain that no tower could be built at town hall. There is no reason to think any other tower company would feel otherwise. So what's the point of putting this empty exercise before the voters? There's a theory that once the voters approve it, get excited about the possibility of getting cell phone service in town and then find out it ain't gonna happen, they'll rise up in anger and demand that the zoning bylaw be changed. That's a tactic I might have come up with when I was a Wall Street lawyer. But it seems inappropriate in any open democratic process, and it doesn't pass my smell test.

I think we ought to face the cell phone service situation head-on. First, we should actively seek input from the tower companies and telecom companies. (Would you believe that when the PB formulated its bylaw 2 years ago, it didn't speak to a single tower company or telecom company?) I know from conversations with the companies that they need and want a tower in the south part of town, toward the east end. Second, we should amend the bylaw to permit towers where the companies want them. That doesn't risk having towers in inappropriate locations: the bylaw requires a host of "compatability" findings before a special permit will issue. Third, we should amend the bylaw to remove all its impediments that artificially prevent or seriously impede the companies from complying with it. (And if we don't do that, we risk a lawsuit from one of the companies seeking to hold our bylaw illegal under federal law, which it probably is.) Fourth, we should put the permitting authority in the selectboard. That's where the authority lies with respect to wired or wireless internet service (such as WiSpring), and the considerations for cell phone equipment are the same and should be before the same board.

So I'm planning to vote against article 1 on the ground that any amount we spend on this useless exercise is money wasted. And next May, if the selectboard won't do it, I'll put forth the changes suggested above by citizens' petition.

Friday, September 12, 2008

Saturday Special Town Meeting

Congratulations to the selectboard for holding the upcoming special town meeting on a Saturday. Neither I nor anyone else knows if more people will come to a Saturday meeting, but it's worth a try. We'll see.

Of course, more or fewer people come to town meetings depending on how controversial the agenda is. So counting heads at the upcoming meeting may not prove anything.

But we desparately need to increase attendance at town meetings, so it's important to determine whether Saturday mornings are better or worse than, say, Tuesday evenings. I think the selectboard intends to ask those who come to the upcoming meeting which they prefer. That will likely prove that the people who come to a Saturday meeting have a preference for Saturday. Duh! Why not poll the populace to see what they prefer? I can think of several ways to do that: (1) Use the town's e-mail list. (2) Have voters fill out a questionnaire at the next election opportunity. (3) Send something out with tax bills.

I can already imagine the objections down at town hall. Sometimes I think we have an aristocracy in this town, not a democracy.