China budget committee approves selectmen spending recommendations

by Mary Grow

China Budget Committee members approved selectmen’s spending recommendations for the 2021-22 fiscal year at an hour-long meeting March 2.

Most votes were unanimous; two appropriations were recommended by votes of 5 to 1.

Tom Rumpf dissented on the vote to appropriate $26,471 to support FirstPark, the Oakland-based business park to which China and 23 other area municipalities contribute. The FirstPark question is Article 15 in the 26-article warrant.

Elizabeth Curtis dissented on Art. 26, the request to authorize spending for each category to continue at the current year’s level if town meeting voters reject the proposed 2021-22 amount. She asked if the article meant that voters would have no chance to have the question explained, objections answered and a revote held.

Town Manager Becky Hapgood replied that depending on the question, a revote could be scheduled. Because of requirements for written-ballot voting, it would take a couple months to organize a second vote.

Some committee members abstained on votes to avoid possible conflicts of interest. For example, three fire department members abstained on the vote to recommend $107,500 for community support organizations, because the total includes what used to be called firefighters’ stipends and are now considered gifts in appreciation of service.

Rumpf, president of the China Four Seasons Club, abstained on two votes related to snowmobiling, and Tim Basham abstained on the vote to fund cemetery maintenance and improvements, because Basham’s Tree Service often gets contracts to take down dangerous trees in cemeteries.

Having completed their review of the warrant, the budget committee adjourned without setting another meeting date.

Voters will act on the proposed expenditures, policy issues and other items by written ballot on Tuesday, June 8. Polls will be open from 7 a.m. to 8 p.m. in the former portable classroom behind the town office.

A public hearing on the town meeting warrant is tentatively scheduled for Monday evening, April 26. Hapgood plans to put as much information as possible on the town website and Facebook page and in the twice-a-month mailings from the town office.

China broadband committee: after two hours, they conclude more information needed

by Mary Grow

China Broadband Committee members spent almost two hours March 4 trying to get their chickens and eggs in the right order – as they repeatedly expressed their dilemma – and came to what has become their usual conclusion: they need more information and another meeting.

Their next meeting is scheduled for 7 p.m. Thursday, March 11.

The committee’s assignment is to expand and improve broadband service in China. Consultant John Dougherty, of Mission Broadband, reminded them why the task is important, especially with more people working from home: neither new residents nor new businesses will be attracted to a town that provides inferior broadband connectivity.

Committee member Tod Detre shared Dougherty’s view. Before earlier localized improvements increased internet access at his house on China Lake, he and his wife had seriously discussed whether they would have to move out of town to continue working, he said.

Committee members agreed on two important factors: the service they recommend must cover all households in town, and it must be able to adapt to technological changes.

The committee has responses from three companies – Axiom Technologies, Sertex Broadband Solutions and Spectrum Community Solutions – to the request for proposals they issued in late December 2020. Committee members discussed the possibility of getting in touch with other companies.

They see three main issues on which they need more information to come up with a recommended plan that will meet town needs at a reasonable price.

  • They need to compare the three vendors more adequately. So far they have discussed Spectrum’s offer at most length, and have found a major obstacle.
  • They need to get more information on costs and returns and consider how to cover costs.
  • And they need to find out with reasonable accuracy how many China residents would sign up for and pay for better service.

They see the three as so interdependent that they could not decide which to attack first. The quality of service will help determine the number of users; the number of users will be a major determinant of income; income will affect costs and how they are paid; costs will affect the number of users; and so the circle goes.

Another point of agreement was that at future meetings, committee members should focus on a single topic. Committee members Detre and Neil Farrington suggested, in no particular order, discussion with Axiom representatives; discussion with Sertex representatives; plans for a community education program; and funding.

Committee member Jamie Pitney, a lawyer, pointed out the problem with Spectrum’s proposal: the town would be expected to fund it through a bond issue, but Spectrum would continue to own the lines, and in Pitney’s opinion state law does not allow a town to bond something it would not own.

The expected revised proposal from Spectrum had been received, but it offered no solution to the legal issue.

Several committee members, without doubting Pitney’s expertise, proposed getting an opinion from Town Attorney Amanda Meader as a more official statement. Janet Preston, the committee’s ex officio member representing the selectboard, volunteered to ask Town Manager Becky Hapgood if there is money left in the current year’s legal account to reimburse Meader.

China assessors decline property assessment appeal

by Mary Grow

The three members of China’s Board of Assessment Review, meeting Feb. 24, unanimously denied William and Susan Flanders’ appeal of their property valuation, with alternate member Dwaine Drummond (who votes only if a regular member is absent) indicating that he agreed.

The Flanders own a seasonal dwelling (in assessor William Van Tuinen’s words) or a camp (in the Flanders’ description) at 313 61st Fire Road, on the southwest side of China Lake. Van Tuinen valued it at $188,400. The Flanders asked for an assessment of $170,000, a difference of $18, 400, or 9.77 percent by Van Tuinen’s calculation.

Van Tuinen explained at the meeting and in documents sent to board members in advance that there are two requirements to get a valuation lowered, according to state law and court rulings.

1) The burden of proof is on the taxpayer, who must demonstrate that the assessor was “manifestly wrong” in setting the valuation and must provide proof of a “just” valuation. “Manifestly wrong” means unreasonable or irrational; discriminatory; or fraudulent, dishonest or illegal.

2) Because assessors are fallible human beings, the law provides that an assessment must be “accurate within reasonable limits of practicality.” Specifically, the law allows 10 percent leeway.

The Flanders initially asked selectmen, in their capacity as assessors, to reduce the assessment. After selectmen denied the request on Dec. 7, 2020, they filed an appeal to the Board of Assessment Review on Jan. 12, 2021.

Their appeal included comparisons with other China Lake properties. Van Tuinen explained how an assessor makes comparisons, a more thorough analysis than the Flanders made, in his view.

The property owners also disagreed with Van Tuinen’s finding that the building is in satisfactory condition; on a rating scale from A to D, he gave it a C. Van Tuinen said he had not been inside.

The assessed value is supposed to correlate with the sales price. Van Tuinen said by 2019 figures, China’s average was 92 percent, well above Maine’s acceptable minimum of 80 percent.

Board member Harold Charles, a retired realtor, pointed out that since 2019, prices of Maine real estate have risen. Kelly Grotton, China’s assistant to the assessor, agreed, and after the meeting gave examples of China properties that were recently sold for well over their assessed values.

Discussion ended with board members agreeing unanimously that the assessment was not too low and that even if it were, the requested change was within the 10 percent limit.

Van Tuinen reminded board members they needed to inform the Flanders of the decision and of their right to appeal to Superior Court within 30 days.

China broadband committee makes no recommendations to board of selectmen

Committee has been reviewing “very different and very complicated proposals”

by Mary Grow

After their two-hour discussion Feb. 18 (see The Town Line, Feb. 25, p. 3), China Broadband Committee (CBC) members spent more than four hours interviewing representatives of three broadband program vendors, with brief intervals of committee reaction, on Feb. 22; and talked another three-quarters of an hour in a time-limited (to allow another committee to meet) Feb. 24 meeting.

They hoped the result would be a recommendation to China selectmen to choose one of the three vendors with whom to negotiate about expanding and improving broadband service.

Instead, the document they approved unanimously for submission to the selectboard’s March 1 meeting contains information about each vendor’s proposal, with no recommendation to prefer one over another. The three vendors are Axiom Technologies, of Machias, Maine; Sertex Broadband Solutions, of Plainfield, Connecticut; and Spectrum Community Solutions, of Augusta, Maine.

A second document, at committee member Jamie Pitney’s insistence, was a request that selectmen include $25,000 in the 2021-22 budget as a first payment on a broadband development fund that will eventually begin to cover a town share of costs.

One factor contributing to CBC members’ difficulty in getting to a recommendation is that the committee has been reviewing “very different and very complicated proposals,” as committee member Tod Detre said during the Feb. 24 discussion. Axiom and Sertex offer similar programs, building networks from scratch with the town ultimately to own the system. Spectrum’s proposal, until Feb. 24, was to extend its existing system in China and to retain ownership under contract with the town.

Its original plan included China borrowing via a bond, and Pitney, who is an attorney specializing in public finance, doubted the legality of bonding for a contract that would not give the town ownership.

A second reason for delaying a recommendation came up just before the Feb. 24 meeting: committee members received notice from Spectrum that a revised proposal that would result in town ownership was in the works.

Detre asked if the revised proposal was the equivalent of a new or late submission and would therefore justify accepting proposals from other vendors who missed, or requested an extension of, the Dec. 31 deadline that Axiom, Sertex and Spectrum met. The committee majority was willing to see Spectrum’s fleshed-out proposal before answering the question.

Consequently, they concluded they could not recommend either Spectrum nor one of the other vendors until they had Spectrum’s updated proposal.

Some of the information from the Feb. 22 interviews:

  • Mark Ouellette, President of Axiom Technologies, said municipal ownership of the system has a big advantage: if townspeople are dissatisfied, they can kick out the service provider and contract with someone else. However, he was confident that if Axiom were chosen, their “world-class service” would attract significant numbers of customers, new ones and Spectrum’s.

Axiom offers tiered service, with monthly charges of $60, $70 or $100. Committee members saw no additional costs. Once the bond proposed to fund the project is paid off, presumably in 20 years, town voters could use the freed-up money for other town purposes or projects or to reduce users’ monthly fees.

  • Mike Solitro, President of Sertex Broadband Solutions, said his company provides prompt service in case, for example, a tree falls on a broadband line, by hiring local linemen and technicians to be on call. In post-interview discussion, Detre said Sertex’s monthly fee for users would be around $70, comparable to Axiom’s.
  • Ben Topor, Spectrum Community Solutions’ Vice-President in charge of the northeast division, said Spectrum is the second-largest cable provider in the United States. Spectrum, like the other two, would provide service to an estimated 120 unserved households, extending its current system. It offers a $29.95 monthly fee that would increase by 4% a year.

However, committee members pointed out in discussion, the $29.95 is misleading in two ways. It assumes every household, estimated at 2,300, sign up, to generate the income Spectrum expects; and it omits money the town would need to spend to hire a firm to do billing, estimated to be at least $20 per month per household.

The China Broadband Committee has scheduled its next meeting for 7 p.m. Thursday, March 4, by zoom. The main agenda item is review of the revised proposal from Spectrum Community Solutions, which committee members expect to receive on March 3.

China TIF committee puts document in near-final form

by Mary Grow

China Tax Increment Financing (TIF) Committee members put their proposed revised version of the town’s TIF document in near-final form at their Feb. 25 meeting.

The document, called the Second Amendment (China’s original TIF document dates from 2015, and the first amendment from 2017), still needs minor additions, like inserting the date of the public hearing that is required before voters act on it. Committee member Jamie Pitney proposed Town Manager Becky Hapgood prepare the final draft. Pitney is the main writer for the amendment, with help from Brent Chesley, particularly, and the rest of the committee.

Committee members sent the Second Amendment to China selectmen for review at their March 1 meeting. If selectmen approve, it will appear on the warrant for the June 8 town business meeting. It will also be posted on the town website, china.govoffice.com.

Hapgood said the public hearing is tentatively scheduled for 6 p.m. Monday, April 26, followed by a hearing on the rest of the town meeting warrant questions. Voters will be able to ask questions about the TIF document, but will not be able to change it.

Hapgood said April 26 will be the first time town officials have tried to hold a public hearing by zoom.

The June 8 town meeting will be entirely by written ballot. For an open meeting, China has a quorum ordinance that requires about 120 voters to attend in person, an impossibility both legally and practically in current circumstances.

After unanimously approving the Second Amendment for forwarding to the selectboard, committee members talked about their next steps as a committee. Suggestions included reviewing and if necessary revising committee documents, like their mission statement and the application form for TIF funds; clarifying procedures for reviewing applications; and strengthening provisions for making sure funds are used for the purposes for which they are granted.

The next TIF Committee meeting is scheduled for 6 p.m. Wednesday, March 24.

China planners say two solar ordinances will not be ready for town meeting

by Mary Grow

China Planning Board members decided at their Feb. 23 meeting neither of two ordinances they are working on would be ready for a vote at the June 8 town business meeting.

They hope by November to have a new solar ordinance, and probably an addition to the Land Use Ordinance dealing with shoreland stabilization, ready for voters’ action.

The new solar ordinance is a fairly complete draft, but board members continue to tweak it. The basic wording is taken from a Maine Audubon Society document that board member Toni Wall converted to ordinance form and she and the rest of the board adapted to China’s needs.

For example, the Town of China has only four districts. All land not in a shoreland, stream protection or resource protection district is in the rural district. Board members had adjusted the Audubon district list at an earlier meeting; on Feb. 23, they also amended the permitting process for solar projects in the three protective districts.

In related decisions, they redefined the size of projects, enlarging those classified as small or medium for permitting purposes. The initial definition of a small ground-mounted project as less than 100 square feet was changed to allow up to 500 square feet, for example.

Board members talked about how tall solar panels should stand. Most in Maine have lower edges about three feet from the ground, but Codes Officer Jaime Hanson said in other states, panels stand five feet above the ground to allow crops to be grown underneath them.

They discussed whether any of the equipment in a large commercial solar project would make noise, and if so how to deal with it. Board Chairman Randy Downer said noise was a concern to neighbors as the board reviewed the previously-approved project on Route 3.

The second proposed change in town ordinances, regulation of shoreland stabilization projects, would require local provisions adding to state requirements, because China currently uses state Department of Environmental Protection (DEP) standards. Hanson described them as a “functional product” that controls run-off into water bodies.

Board members are considering drafting provisions that would exceed the DEP regulation by considering aesthetics and special ecological protections. Their initial focus was on China Lake; they postponed answering Downer’s question about including China’s share of the Three Mile Pond shoreline.

Board member Scott Rollins referred them to the website of the Maine Land Use Planning Commission (LUPC), which regulates land use in Maine’s unorganized territories. The other board members agreed they should read relevant parts.

Board members unanimously approved Downer’s suggestion that he ask a limnologist to offer advice. He has a person in mind, and if she is not available knows where to find others. (A limnologist is an expert on all scientific aspects of inland waters.)

As part of his report to the planning board, Hanson said he has completed the course of study required to become a certified local health officer.

The next China Planning Board meeting is scheduled for 7 p.m. Tuesday, March 9.

China selectmen approve warrant for June 8 town meeting

by Mary Grow

At a long March 1 meeting, China selectmen approved the warrant for the June 8 town business meeting, which was to be reviewed by the Budget Committee at a March 2 meeting.

Selectmen will meet again at 4 p.m. – note the unusual time — Monday, March 8, to review any Budget Committee recommendations that differ from theirs and to sign the warrant.

Town meeting voting will be by written ballot, with polls open June 8 from 7 a.m. to 8 p.m. in the former portable classroom behind the town office.

The March 1 meeting included a presentation by Jim Dinkle, executive director of the Kennebec Regional Development Authority that runs FirstPark, the Oakland business park in which China and other area municipalities have invested.

Dinkle, zooming in from home, promised to send documents that selectmen needed to answer some of their questions from his office as soon as possible.

One question was how many China residents have jobs with FirstPark tenants. Dinkle said T-Mobile, the largest employer, does not share information about employees’ home town, but at his office he has figures for other businesses.

He answered another question that is often asked: the FirstPark agreement says member municipalities can get out in the fiscal year after the bond that built the park is paid off, and the bond was paid off in October 2020. It was not clear whether there would be any payment due if a town did opt out.

Dinkle stressed recent efforts to market the park nationally and internationally and talked about promising leads. However, when Selectman Wayne Chadwick asked how many lots had been sold in the last three years, Dinkle replied that none had been sold in that time.

The selectmen’s meeting was followed by a short meeting of the same people in their capacity as Board of Assessors.

The assessors denied Edward Fredrikson’s appeal of his property valuation, because Assessor William Van Tuinen recommended denial and because Fredrikson would not allow Van Tuinen or other officials onto his property to obtain information first-hand. They accepted a check for $2,237.98 for withdrawal of a parcel of land at the Granger Farm LLC from the tree growth program.

After the March 8 brief special meeting, the next regular selectmen’s meeting is scheduled for Monday evening, March 15.

New signs at China School’s Forest

Susan Cottle, Maine Master Naturalist (contributed photo)

Susan Cottle, Maine Master Naturalist graduate 2020, recently installed interpretive signs at the China School’s Forest. The Tree Trail ID signs were created as her capstone project for the year-long course that began in Waterville and moved on-line during the COVID-19 pandemic. Susan surveyed and identified a variety of trees along the trail and then researched the different species. Each sign features identification marks and fun “did you know?” facts. The metal signs were made by Leighton Signworks in Oakland, ME. Susan plans to add more signs to the Tree Trail this spring and hopes to offer some tree ID programming for the general public in the future. Information provided by Anita Smith, MMN 2014, and steward for the China School’s Forest.

China TIF members endorse $3,000 more to continue China Days, fishing derby

by Mary Grow

In their informal discussion Feb. 17 as they waited for a quorum to assemble, members of China’s Tax Increment Financing (TIF) Committee agreed the Sunday, Feb. 14, fishing derby and the fireworks that followed were well attended and well received (see The Town Line, Feb. 18, 2021).

The fishing derby was sponsored jointly by the China Village volunteer fire department and the China Four Seasons Club. Funds for the fireworks came from the China Days fund, set aside for the annual August celebration, and the selectboard.

During the TIF Committee meeting, members unanimously agreed to recommend an additional $3,000 in TIF support for China Days in 2021-22, so that the winter celebration can continue if town officials so desire.

Otherwise, committee members again postponed their major decision, action to recommend an updated TIF Plan, to be titled the Second Amendment. China’s original 2015 TIF document was first amended in 2017.

Jamie Pitney, a member of both the TIF Committee and the China Broadband Committee (CBC), had drafted and distributed a 29-page document incorporating changes the committee has made. Not all committee members had received it, and only Town Manager Becky Hapgood and two others had had time to read it, so action was postponed.

“I’ve never signed a contract without reading it,” committee member Mickey Wing commented as he favored postponement.

Committee members were to submit any proposed changes, or a note of approval if they recommended no changes, by Feb. 21. They scheduled another meeting for 6 p.m. Thursday, Feb. 25. The CBC also needs to meet that evening, Pitney said, so Hapgood told TIF Committee members they would have 45 minutes, to allow a 7 p.m. CBC meeting.

The revised TIF document includes assistance with broadband service as a new category, now that state regulators allow it. However, Pitney said, uses are limited to expansion to unserved areas, so not much of China’s planned improvements will be eligible for TIF funds.

The TIF document makes recommendations for allocating funds to different purposes, like China Days and similar events that promote the town, recreational trails, assistance to businesses and other categories. If town meeting voters approve the document, selectmen disburse money in accordance with the plan, on request.

Committee member Robert MacFarland asked whether the plan was too restrictive, making it impossible to assist a worthwhile new venture. Pitney pointed to flexible areas, like money to help with engineers and consultants, and added that another review and update like the current one could make additions.

Committee members decided the Second Amendment should not include a schedule of updates. The TIF Committee will continue to meet, and members can make a future decision about timing an update.

FISHY PHOTO: First fish through the ice

Tyler White, son of Nathan and Alison, caught his first fish through the ice on February 14, during the China Four Seasons Club fishing derby. He was hoping to get a big one to enter but, hey, a little one (a pickerel) is just as good. (contributed photo)