by Mary Grow

The proposal to buy an excavator for China’s Public Works Department that has been on the selectmen’s agendas since June 10 is scheduled to appear again on August 19, under new management.

At the selectmen’s Aug. 5 meeting, board member Donna Mills-Stevens volunteered to renegotiate the proposed purchase with Chadwick- BaRoss, believing she can get better terms than Public Works Manager Shawn Reed did. Board Chairman Robert MacFarland expects her report in two weeks.

Reed hoped selectmen would approve the $172,850 price he had negotiated, including a trailer for the tracked Volvo machine and an extended warranty. He said Chadwick-BaRoss agreed to hold the price until Dec. 1, but not to guarantee the machine would not be sold to another customer while China officials debated (see The Town Line, July 25).

Mills-Stevens, a banker and co-operator of Stevens dairy farm, cited her experience in negotiating and in buying heavy equipment as she volunteered.

Selectmen rejected two other alternatives before letting Mills-Stevens take over. Ronald Breton’s motion to buy the excavator on the terms Reed presented received only Irene Belanger’s vote, with MacFarland, Breton and Jeffrey LaVerdiere opposed and Mills-Stevens unable to decide and recorded as abstaining. LaVerdiere’s motion to put the question on China’s November local ballot and let voters decide received his and Mills-Stevens’ votes, with the other three opposed.

After the final decision, Reed said he had “spent a lot of time and energy and effort on this,” trying “to do the best possible I could for the taxpayers.” His starting premise was that having a town-owned excavator instead of contracting for one would save money.

Now, he said, the selectmen could take over the project and he would focus on his other duties. Personally, he did not care what they decided; not owning an excavator would mean one less piece of equipment for which he was responsible.

On other public works topics, Reed reported most of the tools authorized to let new hire Josh Crommett do vehicle maintenance have arrived, and the work of removing beavers and their dams from the Bog Brook Road area continues.

The excavator discussion was interrupted by a parliamentary dispute. After Breton’s motion was made and seconded, Wayne Chadwick, the contractor whose excavator selectmen agreed to hire this year, asked to comment from the audience and MacFarland recognized him. Breton objected, saying by Robert’s Rules of Order audience members could participate in discussion until a motion was on the floor; then only board members could speak. Chadwick left the meeting.

When Breton returned to the topic before adjournment, Town Manager Dennis Heath said Breton was correct, and since the board adopted Robert’s Rules, members should follow them. However, he said, the rules are flexible: MacFarland could have asked the rest of the board to let Chadwick speak out of order.

Although the excavator will not – at least as of Aug. 5 – be on a Nov. 5 local ballot, selectmen accepted Heath’s recommendation that they ask voters another question: “Do they want to allow retail medical marijuana facilities in China?” The question Heath drafted asks if the current local ordinance prohibiting marijuana businesses should be amended to make an exception for medical marijuana businesses. (The single-page “Ordinance Prohibiting Retail Marijuana Establishments in China” is on the town website under “Ordinances, Policies and Orders.”)

China has one medical marijuana store, established before state law changed. Heath said it is grandfathered and would not be affected by a November vote. Under revised state laws China voters must “opt in,” that is, approve a local ordinance allowing such businesses, before any more can open. The planning board has one application on which it cannot act unless voters approve (see The Town Line, July 18).

Local elections will also be Nov. 5. Nomination papers are available at the town office for positions on the Board of Selectmen, Planning Board and Budget Committee and for one seat on the Regional School Unit #18 board.

In other business Aug. 5, Heath announced that Tracey Frost, China’s part-time police chief, has resigned due to lack of time. Craig Johnson, a retired Clinton police chief, will succeed Frost; Michael Tracy and Jordan Goulet will continue to serve China, Heath said.

Selectmen unanimously appointed Amber McAllister to the Tax Increment Financing Committee.

Belanger and others commented on the success of the China Days celebration August 2, 3 and 4. Heath commended the police department, and audience member Tom Michaud praised town office staff member Kelly Grotton for her well-organized management of the event.

China Town Clerk Becky Hapgood announced that nomination papers for local elective offices are available. Signed papers are due at the town office by closing time Sept. 6 for names to appear on the Nov. 5 ballot.

People whose terms end this year are Selectmen Irene Belanger and Robert MacFarland; Planning Board members Kevin Michaud (District One) and Ralph Howe (District Three, appointed in June to fill out an unexpired term); Budget Committee members Robert Batteese (chairman), Kevin Maroon (District One) and Wayne Chadwick (District Three). The Planning Board alternate at-large seat, currently vacant, is also due to be filled this year.

by Mary Grow

China Planning Board members have a request from the Comprehensive Planning Committee to consider revising China’s land use ordinance to clarify requirements for a commercial use permit. They started discussion at their July 23 meeting, but came nowhere near a decision, partly because the issues are complicated and partly because only three of the five members were present.

Three main issues were presented, the ordinance sections that require an applicant to show that:

• “The proposed use will not have a significant detrimental effect on the use and peaceful enjoyment of abutting property as a result of noise, vibrations, fumes, odor, dust, glare or other cause;
• “Adequate provision has been made to handle storm water runoff or other drainage problems on the site;
• “The proposed water supply will meet the demands of the proposed use or for fire protection purposes.”

The Comprehensive Planning Committee would like ways to measure compliance – for example, when do noise and the other things listed interfere with neighbors’ enjoyment, what runoff control provisions are adequate and how much water is needed for fire protection?

Board members and Codes Officer Bill Butler agreed on the second issue: state and town site protection regulations adequately control run-off.

They also agreed that determining detrimental effects is complicated, with the possible exception of controlling lighting by requiring downward-facing shielded bulbs.

Butler talked about ways to measure individual volunteers’ sensitivity to odors and send out teams to evaluate odor complaints. There are a variety of noise standards, state and local, he said, but to use them the applicant – or some other person or entity – would first need to do a study to establish the background noise level.

Butler and board members said there are many exemptions to standards in state laws and regulations, especially for farming and construction.

Some of the questions about fire protection and water supply should be referred to the state fire marshal, Butler said. He pointed out that “the demands of the proposed use” could be highly variable, giving as an example a water bottling operation like Poland Spring’s.

Development can affect supply, he added. He cited an area where the groundwater level was measured before a proposed subdivision. When trees were cut, the level dropped; when roofs and driveways created impervious surfaces, groundwater rose to a level higher than before the subdivision.

Further discussion was postponed to the board’s Aug. 6 meeting. Butler said the board hopes to have recommended changes on the Nov. 5 local ballot.

There was no action on the pending application for a medical marijuana facility on Route 3 in South China (see The Town Line, July 18). Butler said Clifford Glinko would probably present a revised application in September.

Board member Ralph Howe reported on his independent research on one of the questions raised about Glinko’s application, applicability of regulations separating marijuana facilities from schools. He said a Department of Education staffer told him Grace Academy across Route 3 is a school. The required 500-foot separation is between property lines, not between buildings, he said.