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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 13, 2015 7:00 o’clock p.m. __________________________________________________________________________________ Page 10 of 40 (5. #14-3700 AMEND CITY CODE SECTION 78-1379, SMALL WIND CONVERSION SYSTEMS (WECS) – FINAL REVIEW – ORDINANCE NO. 142 continued) Levang stated that seems rather straight forward and that the City currently requires a homeowner every so often to demonstrate that they have had their septic system pumped. Gaffron stated there are also specific systems that require regular maintenance and that the requirement helps to ensure the homeowner keeps the contract in effect and reports to the City or has their contractor report to the City. Council Member Walsh stated in his view the inspection is a great idea. Walsh stated he is glad the Council has reached this point and that the Council probably overreached previously by banning turbines. Walsh stated he agrees with the Mayor and Council Member Cornick that unless it is measurable, it probably should not be there since the City will likely always have to deal with it if someone challenges it. Walsh stated in his view a minimum of ten acres is an overreach and that he is not in agreement with that requirement. Walsh indicated he likes the idea about the maintenance issue and that perhaps every couple of years the property owner could get an engineer to inspect the system to ensure that everything is in order. Walsh stated the one big thing that is overreaching is the ten acres and that in his view five acres would be more prudent and defensible whether it is in court or explaining the ordinance to somebody. McMillan asked if the Council would like to craft some maintenance language right now so a vote can be taken on the ordinance tonight. Levang asked if it would be best to include that language under Item 4(a)(3). Gaffron stated in his view that is the correct place and that the current language reads as follows: Maintenance, SWECS shall be maintained under an agreement or contract by the manufacturer or other qualified entity, and that they could add language to the effect that the property owner shall annually submit an inspection report every two years by a qualified professional regarding the status of the SWECS. Walsh asked if an inspection should be every year or every two years. Walsh suggested it say qualified licensed professional. Gaffron stated he cannot point to a standard to provide a recommendation on how often the inspection should be done. McMillan stated she would say every two years. Walsh stated in his view every year would be too much. Cornick indicated he is okay with two years. Gaffron stated the language could say the property owner shall submit an inspection report every two years by a qualified licensed professional to inspect and report on the status of the WECS system. Walsh stated he agrees with all the other premises of the ordinance except for the ten acres since it will be hard to defend. City Council Meeting April 27, 2015 Page 12 of 257