by Mary Grow

The special China selectmen’s meeting Jan. 7, called to discuss the town conflict of interest policy and to give board members their copies of Town Manager Dennis Heath’s draft 2020-21 budget, turned out to be yet another round in the months-long argument between town officials and the volunteer fire departments.

Heath, recovering from surgery for a broken ankle, was absent, leaving board Chairman Ronald Breton the spokesman for the town side. Town Attorney Amanda Meader and Budget Committee Chairman Robert Batteese were major participants in the discussion.

At issue, still, was payment of stipends to volunteer firefighters as a contribution toward their expenses.

At issue, still, was payment of stipends to volunteer firefighters as a contribution toward their expenses. In the current year’s budget, stipends were included in the fire department and China Rescue account. Town meeting voters approved a total fire and rescue budget larger than either the selectmen or the budget committee requested, specifically to cover the amount the departments sought for stipends.

Heath questions the legality of using tax money for stipends for volunteers. Over the last year and a half, he has sought opinions from the state and federal labor departments. State officials approved a plan presented by the firefighters, Heath said in a post-meeting email; federal labor officials have not replied.

The main argument Jan. 7 was over whether members of the budget committee who are firefighters, or whose family members are firefighters, will be in conflict of interest if they vote on whether to recommend voters approve stipends.

China’s Administrative Code of Ethics bars any appointed or elected official from participating in any way in deciding on an item “in which he or she or a member of his or her immediate family has a financial or special interest, other than an interest shared by the public generally.”

Attorney Meader said the wording clearly bars a budget committee member from voting on a recommendation to fund stipends if he (or she) or an immediate family member might get one, even though the amounts involved are small and even though town meeting voters approve. The point, she said, is “to maintain public trust and public confidence.”

Breton defines the situation as volunteers in a nonprofit organization getting public money, disbursed through the fire chiefs without voters knowing who gets how much.

“Benefiting the general public,” Batteese interjected.

Breton said he believes in the proposed 2020-2021 budget firefighters’ stipends are not in the fire and rescue account, but under the community support organizations account, which in the current year includes libraries, historical buildings, some lake protection work and The Town Line newspaper. However, since the budget was not handed out until the end of the meeting, his opinion was not confirmed.

Batteese said he joined the volunteer fire department soon after moving to China in 1984. He was elected to the budget committee in 1987 and has been its chairman since 1995. The committee has made annual recommendations on the town budget, including fire department funding, and he thinks there has never been a conflict.

Breton said if Batteese disagreed with Meader and found no conflict, Breton had the power to overrule Batteese. Batteese disagreed.

Budget committee member Tom Rumpf said most committee members are also fire department members or have relatives who are.

The Jan. 7 conclusions were that there should be some way to help firefighters without using the word “stipends,” even though, Breton said, everyone would know what the money was intended for; and, at Meader’s suggestion, that discussion should be suspended until the budget accounts were available. Breton promised another meeting if needed once selectmen start budget consideration.

A related, shorter argument was over whether a member of the Four Seasons Club – Rumpf is its president – could vote on a town grant to the club. He has applied for funding from China’s Tax Increment Financing (TIF) fund for trail work and an equipment storage building.

Meader said conflict of interest applies to individuals, not to organizations. Asked if Four Seasons Club members are paid, Rumpf laughed. But, he asked, would a landowner whose land value was increased by Four Seasons Club trail improvements be considered as benefiting?

On yet another related topic, Batteese objected to Heath’s proposed budget review schedule, which called for the budget committee to make recommendations on Jan. 23 and the selectmen on Jan. 30. The budget committee, Batteese said, is supposed to review and endorse or change the selectmen’s recommended budget.

In past years, selectmen have held one or more meetings to make their recommendations, often including at least one joint meeting with the budget committee; the budget committee has made it recommendations; and selectmen have had a final meeting to approve the town business meeting warrant. If the two boards disagree, selectmen either accept the budget committee figure or put both recommendations in the warrant for voters to consider.

After an exchange of emails, on Jan. 13 Hapgood announced the following schedule: Tuesday, Jan. 21, regular selectmen’s meeting (moved from the usual Monday due to the Martin Luther King Jr. holiday); Monday, Jan. 27, special selectmen’s meeting to discuss the 2020-2021 budget; Thursday, Jan. 30, budget committee meeting; and Monday, Feb. 3, regular selectmen’s meeting. The budget committee meets at 7 p.m., the selectmen at 6:30 p.m.

by Mary Grow

At a short Dec. 23 meeting, China selectmen appointed a town police chief and met and appointed a new patrolman.

Craig Johnson, who has been serving in China’s part-time police department for almost two years, is the new chief. Town Manager Dennis Heath said the appointment means Johnson will be in charge of scheduling and similar administrative matters.

Jeremy Willis, a Skowhegan police officer and Information Technology Director for Somerset County, will become a China patrol officer. Johnson, a Somerset County deputy sheriff, works with Willis and recommended him; and Heath said Maine Corrections Commissioner Randall Liberty recommended Johnson as chief.

The manager again said he plans to suggest a change in local policing when he, selectmen and budget committee members begin discussion of China’s 2020-2021 budget in January. Earlier in 2019 he sought cost estimates for one full-time police officer.

China now has five police officers, Heath said, who work a total of 26 hours a week. State policemen and county sheriff’s deputies also cover the town, rotating every two weeks.

Selectmen heard two brief reports, from Tom Michaud of the Tax Increment Financing Committee on plans for work on fire roads around China Lake and from board member Wayne Chadwick on his discussion – by invitation – with fire chiefs about town funding. Chadwick emphasized that he did not speak for the board during the discussion.

According to the town website, China selectmen meet again Monday evening, Jan. 6.

by Mary Grow

With two newcomers, Randy Downer and Natale Tripodi, joining Tom Miragliuolo and Jim Wilkens (and continuing member Toni Wall absent), China Planning Board members began their Dec. 10 meeting by electing Miragliuolo and Wall co-chairmen.

They reviewed two commercial plans, making no decisions on either. SunRaise Investments’ proposal for two solar arrays near Route 3 was a preliminary rather than a complete application, and board members agreed unanimously that James Nichols’ application for a self-storage facility was also incomplete.

SunRaise Investments Vice-President of Construction said one project, accessed from the Arnold Road, would be in the field behind Michael Willette’s gravel pit, an area that is mostly meadow with a bit of forested wetland. The Route 3 project would be on Daniel Ouellette’s property east of South China Village, close to the China Area Wash and Dry laundromat and the power line.

Corbett was accompanied by Lisa Vickers, Project Manager for Atlantic Environmental, who explained state permitting requirements and environmental plans, and Joseph J. Marden, Project Manager for Sitelines, who talked about construction issues.

Planning board members suggested topics to be covered in a final application, like noise, lights and security. The SunRaise team had no problem with anything proposed.

No date was set for submission of an application.

Nichols and engineer Al Hodsdon, of A. E. Hodsdon, briefly discussed additional information board members want before they review the proposed self-storage facility on Vassalboro Road. Codes Officer Bill Butler had questions about the planned holding tank for wastewater from a bathroom; he also asked Nichols and Hodsdon about the condition of the wet ponds that Hodsdon said his firm designed in 2002 as the planning board approved the adjoining car wash.

Preliminary discussion of local marijuana regulations took up the rest of the meeting. November’s approval of medical marijuana facilities led planners to consider regulating that aspect; now they are considering expanding the question to regulation of recreational facilities.

Resident Dawson Julia is circulating a petition for a town meeting warrant article that would ask voters to repeal the existing Ordinance Prohibiting Retail Marijuana Establishments in China and replace it with an ordinance that would allow and regulate such establishments.

Julia said almost two dozen Maine towns and cities have adult-marijuana-use regulations. Butler had two samples and will look for others that might help planners draft a China ordinance.

Miragliuolo said the November referendum showed that China voters do not have a negative view of marijuana establishments for medical purposes. Now the board will look at regulating non-medical uses if voters want them. Planners are not trying to influence residents’ attitudes, he emphasized.

Board members were not sure they could produce a draft for the April 4 annual town business meeting. The next voting opportunity would be in June.

The next regular China Planning Board meeting is scheduled for Tuesday evening, Jan. 14.

CORRECTION: Planning Board member Natale Tripodi was incorrectly referred to as Natale Tripoli. It has been corrected, and we apologize for the error.