Stevi council changes rule for requesting attorney presence

At its February 27 meeting, the Stevensville Town Council decided that the Town Attorney, who has been consistently attending council meetings at Mayor Brandon Dewey’s request, should not be required to attend meetings unless both the council president and the mayor agree that his presence is required. In the past, the attorney’s presence could be authorized by either the council president or the mayor.

The issue came up because the $15,000 budget for legal services had been exceeded with expenses reaching $17,000. Mayor Dewey said that the budget issue was addressed by taking money from the general fund that was supposed to be transferred to the Capital Improvement Fund and using it for legal services. The legality of taking that action without first getting council approval for a budget amendment was questioned. Mayor Dewey responded by saying he would schedule a presentation on the budget structure and how it works so that the council could better understand his actions.

With respect to the attorney’s attendance at council meetings, Council President Bob Michalson stated that it was discussed and decided by the council already to stop having the attorney attend meetings because the budget for those expenses had been exceeded.

Mayor Dewey said that no vote had been taken at that previous meeting. 

“That’s because you said that discussion of the issue would suffice,” said Michalson. He said they discussed it and agreed unanimously to stop the practice until the position’s budget was possibly revised during the next budget process.

Mayor Dewey agreed that there was an underestimation of the budget for legal services because the attorney’s regular attendance at council meetings was not considered at the time, but that he felt it was beneficial.

Michalson disagreed. 

Councilor Dempsey Vick moved to require both the mayor and the council president to agree on the need for an attorney at the meeting before his presence was requested. The motion was approved 3-0. Councilor Robin Holcomb was absent.  

In other matters, two town residents expressed objections to allowing the development of a low-income housing project on Nicole Court. Former council member Stacie Barker expressed concern about high groundwater in the area and potential basement flooding on her property, which is nearby. She questioned the impact on the town’s water system and on the police force. She said there were no jobs for these prospective low-income residents. Another resident, Lee Thorson, said he agreed with Barker’s concerns and that based on his experience in law enforcement, he believes that low-income housing brings an increase in crime.

Mayor Dewey stated that no formal plans for the Nicole Court development had been submitted. He said some concept drawings had been produced and discussed. He said that, based on those discussions, the project did not meet the criteria for a Planned Unit Development. He said this was a project on a one acre lot zoned residential.

Another issue brought up at the meeting by resident Mark Adams was the lack of a new Interlocal Agreement between the Town and the Rural Fire District. He expressed concern that the lack of an agreement would lead to increased insurance costs to residents.

Michalson noted that the council had already approved an interlocal agreement and it was still sitting on the Mayor’s desk.

Mayor Dewey apologized for he delay and said it was due to an unexpected out-of-state travel, but that he was meeting soon with Fire Chief Jeff Motley to see if he had finished his review of the agreement document. Although the previous agreement has passed its expiration date, he said they would be operating under the old agreement until the new one is officially adopted.