China planners to consider three commercial projects

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by Mary Grow

China Planning Board members have three commercial projects near South China Village and Route 3 to consider at their Tuesday, Dec. 10 meeting, which starts at 6:30 p.m. in the town office meeting room and is open to the public.

Codes Officer Bill Butler expects a preliminary presentation by Sunrise Investments LLC on plans for two solar arrays, one on Route 3 adjacent to Dan Ouellette’s loam mining operation and the other in Mike Willette’s pit off Arnold Road.

Also, Jamie Nichols is scheduled to present plans for a self-storage facility on Vassalboro Road, on vacant land just north of the existing car wash.

If time permits, board members will begin consideration of a local marijuana ordinance and application form.

Since the Nov. 5 local elections, the Planning Board members are Randall Downer, Tom Miragliuolo, Natale Tripodi,Toni Wall and James Wilkens. The District 3 seat (southeastern China) is vacant.

China selectmen reach firefighters’ stipend decision – for this year

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China Village Volunteer Fire Department.(Internet photo)

by Mary Grow

China selectmen made a decision at their Nov. 25 meeting that they think settles the controversy over stipends for volunteer firefighters – at least for this year.

On a 3-0-1 vote, with Donna Mill-Stevens abstaining, board members approved Chairman Ronald Breton’s motion that China’s three fire chiefs (Timothy Theriault, China Village; Richard Morse, South China; and William Van Wickler, Weeks Mills) be invited to pick up their $10,000 stipend checks at the town office as soon as convenient, without signing the memorandum of understanding (MOU, as it’s come to be known during months of debate) that would have spelled out accounting requirements.

Breton’s motion had two other components, which he called “conditions” when he first made it and later an “understanding” appropriate people in each department are responsible for compliance with all state and federal laws and with itemizing expenditures from the stipend money.

Breton prefaced his motion with a summary of earlier discussions and disagreements that he emphasized was his personal view, not the board’s. He said selectmen support the firefighters’ stipends; the conditions in his motion are intended to recognize the board’s duty to oversee expenditures of taxpayers’ money.

After the vote, resident Scott Pierz asked what would happen with next year’s budget. Breton replied that it is too early to begin discussing it.

China Rescue also receives $10,000 for stipends for its members. Town Manager Dennis Heath explained that because Rescue bills are paid through the town, the organization is not involved in the MOU issue.

[See also: Proclamation for David Herard Day in China]

The other important question settled Nov. 25 was when to hold a special election to fill the fifth seat on the Selectboard, vacated Oct. 15 when Jeffrey LaVerdiere resigned during the disagreement over firefighters’ stipends.

Board members voted unanimously to hold the special election Tuesday, March 3, 2020, in conjunction with the state-wide presidential primary. Nomination papers for the Selectboard seat are now available at the town office.

In other business Nov. 25:

  • Selectmen unanimously approved two recommendations from the TIF (Tax Increment Financing) Committee, appropriating $15,000 from current-year funds to the Broadband Committee for a survey of broadband service in China and recommending 2020 town business meeting voters appropriate $57,500 to the China Lake Association for the LakeSmart program.
  • Heath reported that results of the Sept. 6 to Oct. 15 transfer station survey are in a draft report to be reviewed by the Transfer Station Committee at its Nov. 26 meeting and presented to selectmen at their next meeting.
  • Referring to privacy concerns raised at the Nov.13 informational meeting on the new RFID (Radio Frequency Identification) system at China’s transfer station (see The Town Line, Nov. 13, p. 3), Heath said he believes a United States Supreme Court decision on cellphones as locators could be used to argue that records showing when an individual visited the facility are not public records.

Board member Wayne Chadwick asked whether he would be barred from the transfer station if he left the RFID placard in his other vehicle. Heath said he thought not; transfer station staff should be able to look up his name and find his placard number.

Board member Irene Belanger said Department of Environmental Protection staff are watching China’s RFID system, “because it’s the first one in the state.” The system is funded mostly by a DEP grant.

The next regular China selectmen’s meeting date is Monday, Dec. 9.

DEP denies Windsor’s initial request to install a diesel fuel tank

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by Sandy Isaac

At the November 12 selectmen’s meeting, Town Manager Theresa Haskell reported that the Department of Environmental Protection (DEP) has denied Windsor’s request to have a diesel tank installed on town property, specifically at the public works department. The need for a new diesel fuel tank stems from John Moody’s retirement announcement, effective this December. The town used Moody’s Fuel on Route 17, which included refueling after hours or during snowstorms. The DEP said the town will now have to apply for a variance, fill out a 25-plus page application, and go through the fire marshal’s office again for approval.

Haskell and Selectmen Ronald Brann had a formal meeting with representatives from the DEP, which, according to Brann, became quite heated at times. During the meeting, Brann inquired about alternatives to the diesel tank plans, including a 500-gallon fuel “cube.” A fuel cube can be placed on site and used as necessary, but still have the ability to be drained and moved. The DEP said this type of system was meant to be used at construction sites or on a temporary basis and would not be appropriate for the town’s needs.

Brann then suggested a trailer or a tank on the back of a pick-up truck. The DEP responded that although it was legal, it would not be secure. Therefore, the DEP recommended a full 1,000-gallon tank install with an electric leak warning system included in the installation plans.

The denial from the DEP is the result of one primary issue: all of the town owned properties that can house a 1,000-gallon fuel tank are located on an aquifer. An aquifer is a body of permeable rock which can contain or transmit groundwater. Following the meeting with the DEP, Brann contacted the fire marshal’s office for clarification.

After much discussion, the selectmen decided to look into acquiring a truck with a 100-gallon tank to get through plowing season. This choice would also allow the public works department to utilize the portable tank for off-site work throughout the rest of the year.

Haskell called in Chief Arthur Stout from the Windsor Fire Department into the meeting and asked about the departments plans for refueling. The fire department is currently using fuel cards for filling up. The selectmen indicated that they would like to enter into a conversation with the fire department about ideas and possibly collaborating to resolve the fueling situation. Arthur said he will bring up the topic at the next fire department meeting. Haskell is hoping to get some ideas in motion prior to planning the next town budget.

The next item that presented much discussion was Charter (formerly Spectrum, and before that, Time Warner) Cable Company franchise agreement. The town of Windsor and Charter have a 10-year agreement which allows the cable company to do business within the town limits. In exchange, Charter pays the town a yearly fee. Although the contract is not up for another year and a half, Charter is pressing for Windsor to sign the newly-revised agreement. However, the revisions contain 15 additional pages and, in Selectmen William Apple Jr’s words, “it is not a mutual agreement and leaves us [Windsor] completely culpable.”

For example, revised agreement wording suggests Windsor would be liable for paying for work of laying cable underground or under roadways, to reimbursing Charter an equal amount of money if a utility company is reimbursed for work. Additional wording suggests, if another company were to solicit Windsor, the town must notify Charter and grant them the right to charge the same fees, thus illuminating the competition.

Haskell was asked to find out what would happen if the agreement was not signed. Haskell indicated that most Charter’s responses were repetitive and scripted, but she would reach out to them for an answer.

Haskell stated she would contact Vassalboro and China’s town managers to see if they have similar agreements with Charter. The contract with Charter will be tabled until a later date.

On a positive note, Haskell reported budgeting a six percent increase for Windsor’s employee health benefits for 2019-2020. However, the benefits only increased by three percent.

Finally, the selectmen unanimously approved changing their meeting from December 24 to December 23 at 6 p.m., and allowing the town office to close at 12:30 p.m., on the December 24, and at 5 p.m., on December 31.

The next regularly scheduled selectmen’s meeting is set for November 26.

Rome voters reject CMP Corridor

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On the evening of November 19, the town of Rome held an informational session and special town meeting focused on the CMP corridor. The 60-minute discussion included a panel of speakers from both sides of the corridor debate – Avangrid VP of Business Development Thorn Dickinson; Nicholas Bennett of Natural Resources Council of Maine; and Say NO to NECEC Rome resident advocates, Monica and Steve McCarthy.

Following the informational session, Rome residents voted 27-2 (with one neutral) for the town to take a position of opposition on the deeply unpopular CMP corridor.

Rome joins towns of Greenville, Jackman, Moose River, Dennistown, and Eustis – a series of towns not located along the proposed corridor route who have taken an opposition stance on the corridor. Now, 25 towns have either rescinded support or oppose the corridor and Rome residents made it clear they have grave concerns about NECEC’s potential for massive destruction to Maine’s environment, wildlife habitat, wetlands, waterways, and that this project will not reduce global CO2 emissions.

Nomination papers available Nov. 25 for vacant China selectboard seat

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Nomination papers to fill the vacant selectboard seat in China, that was created with the resignation of selectman Jeff LaVerdiere, will be available on Monday, November 25, 2019, at the China Town Office. According to Town Manager Dennis Heath, “the selectboard will decide at their meeting that evening if the special election will be March 3, 2020, or an earlier date.” By making the nomination papers available on Monday, “we accommodate either scenario,” Heath added.

The selectboard seat became vacant when LaVerdiere abruptly walked out of a selectboard meeting on October 15, and announced his resignation (The Town Line, October 24, 2019). His formal resignation was accepted by the board by a 3-1 margin, with retiring board chairman Bob MacFarland the only desenting vote (The Town Line, October 31, 2019).

Vassalboro residents seek ways to reduce speed on Rte. 32

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by Mary Grow

Half a dozen North Vassalboro residents attended the Nov. 14 Vassalboro selectmen’s meeting to ask what can be done to reduce speeding on Route 32 (Main Street) near the North Vassalboro post office.

The speed limit there is 35 miles an hour, they said, though a short distance north it drops to 25 miles an hour. Motorists pay little attention to either, or to the local children and elderly pedestrians who might be trying to cross the street. There are no marked crosswalks.

Selectmen asked Town Manager Mary Sabins to see what information is available or can be developed about vehicles’ speeds on the street. They plan to ask the state Department of Transportation (MDOT) to consider lowering the limit.

Board Chairman Lauchlin Titus warned the concerned residents that MDOT bases its speed limits on average actual speeds and might propose adjusting the limit up instead of down.

Returning to the topic of a new, or possibly additional, compactor at the transfer station (see The Town Line, Nov. 7), board members discussed ways to approach the expenditure. Sabins has been in touch with two engineering firms about establishing needs and cost estimates.

Titus’s suggestion that they set a ceiling price not to exceed $100,000 and see how far it will go toward all they want done became a motion that was approved unanimously.

Sabins updated board members on an ongoing disagreement over a Riverside Drive junkyard that is not in compliance with town regulations. Former Codes Officer Richard Dolby and present Codes Officer Paul Mitnik have both tried to resolve the problem, she said; they have made progress, but less than hoped.

She reported no one has expressed interest in becoming a member of the Vassalboro Board of Appeals. She and selectmen still hope volunteers will come forward.

The manager distributed a tentative schedule for selectmen’s, budget committee and school board meetings from January 2020 through the Monday, June 1, annual town meeting and the Tuesday, June 9, municipal election. Nomination papers for local elective office will be available Monday, March 2, and due back at the town office Friday morning, April 10.

The next Vassalboro selectmen’s meeting is scheduled for 6:30 p.m. Tuesday, Nov. 26, instead of the usual Thursday evening, to avoid the Thanksgiving holiday.

CHINA: Breton elected new selectboard chairman

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by Mary Grow

The temporarily four-member China selectboard elected a new chairman to succeed Robert MacFarland, who retired as of the Nov. 5 elections, but otherwise spent their Nov. 12 meeting getting reports and information rather than making decisions.

Town Clerk Becky Hapgood assisted the board because Town Manager Dennis Heath was out of town for a family emergency. Hapgood conducted a written-ballot election for board chairman.

When the first result was a 2-2 tie between Irene Belanger and Ronald Breton, Hapgood distributed ballots again. Breton was elected on a 3-1 vote. Belanger was re-elected board secretary.

Breton said Heath is exploring options for filling the fifth seat on the board, left empty when Jeffrey LaVerdiere resigned at the Oct. 15 meeting (see The Town Line, Oct. 24).

Breton and new board member Wayne Chadwick shared two concerns. Both want the fifth board member elected as soon as possible, so that, Chadwick said, they would not go into budget season with an even number of votes. But neither wanted the next board member elected by a bare quorum of voters, and both feared a special election might not generate a large turn-out.

The next scheduled state-wide election with which a local vote might be coupled is the Tuesday, March 3, political primary newly created by the legislature.

Some of the information presented Nov. 12:

  • TIF (Tax Increment Financing) Committee member Tom Michaud reported that improvements are completed on two fire roads, with the work partly funded from China’s TIF program.
  • Hapgood said the new traffic pattern for the Nov. 5 election appeared to have been successful; officials intend to use it again in November 2020, when a heavy voter turn-out is expected, and, she said, perhaps for future Halloween trunk ‘r treat events at the town office.
  • Speaking for public works head Shawn Reed, who was on the road as China got its first minor snowfall of the season, Hapgood said the sandbox at the transfer station is ready for residents who need small amounts of sand for walkways and driveways. The maximum to be taken per visit is two five-gallon buckets.

The selectmen’s meeting ended with a moment of silence in memory of China Rescue Unit Chief David Herard. The next regular meeting is scheduled for 6:30 p.m. Monday, Nov. 25.

CHINA: Privacy becomes issue at RFID public hearing

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by Mary Grow

If the small placard hanging from your rearview mirror records that you were at the China transfer station at, for example, 1:11 p.m. on Wednesday, Nov. 13, and lists your name, is your privacy invaded?

That was the major debate at the Transfer Station Committee’s Nov. 13 informational meeting on the RFID (Radio Frequency Identification) system that China officials will introduce as the year ends.

The system requires a vehicle coming into the transfer station to have a numbered placard, most conveniently hanging from the rearview mirror. Sample placards passed around at the meeting are three and a half inches square. Town officials intend to have them available by mid-December.

The goal of the current sticker system, or the RFID system, or a more costly and inconvenient manned entrance building, is to make sure only China residents, or others authorized, use China’s facility. The placards come in two colors, orange for China residents and blue for Palermo residents, who share the facility under a two-town agreement.

Transfer station Manager Tim Grotton expects the RFID system to be more useful than stickers. When an RFID tag rides past the sensor, a light flashes. If a vehicle comes in and there is no light, he and his staff are cued to speak with the driver.

Currently China’s RFID system has only one sensor recording entrances and departures. Town officials intend to seek future grants for more sensors to see how often different areas – trash hopper, recycling building, compost pile, brush pile – are visited.

The system records the owner’s name and the date and time the vehicle entered the transfer station. According to the handout at the meeting, “Encryption prevents other RFID readers from accessing owner information.”

Resident Todd Tolhurst, supported by at least one other man among the 10 attendees, argued that recording names is an unnecessary violation of privacy. He urged Transfer Station Committee members to change the system so the placard is not linked to a name.

Although in theory only town employees would have access to RFID reports, Tolhurst believes they would be public records that anyone could request. He suggested an avid environmentalist might use them to shame people who don’t recycle.

Reminded by Sikora and committee member Mark Davis that much more personal information is available on many town and state websites, Tolhurst replied, “I can’t think of any others that track my movements.”

Tolhurst raised the related question of how long information is kept. Committee members said at least a year, for annual reports to the state, and perhaps longer.

The debate ended with committee member Bob Kurik, from Palermo, proposing the committee look into using only the numbers on the tags, instead of either names or license plates. Sikora added the committee will review the encryption system.

Tolhurst also questioned the cost of the RFID system. Sikora said a $10,500 Maine Department of Environmental Protection (DEP) grant that paid for the tags, software and training was supplemented by a small amount from the transfer station reserve fund. Davis added that hooking up the reader cost nothing: transfer station staffer Kevin Rhoades did the job using a recycled satellite dish.

The handout on RFID distributed at the meeting explained that:

  • The DEP helped fund the system because it is intended to provide information to help Maine achieve its 50 percent recycling goal.
  • Tracking users will help town officials “adjust staffing, hours of operation, and plan for future physical changes like traffic patterns or capital improvements.”
  • Tags are issued from the town office based on proof of residence. One tag is free; there is a $10 fee for a replacement tag if the original is lost, refunded when the tag is returned to the town office (presumably because the resident moved out of town).
  • Tags do not need to be renewed annually like the stickers.

China TIF members get prelim preview of causeway project

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by Mary Grow

At their Nov. 4 meeting, China TIF (Tax Increment Financing) Committee members got a preview of the proposed new design for the second phase of the causeway project, which will extend the bridge replacement work at the head of China Lake’s east basin.

Committee members also endorsed two requests for TIF funds that will be submitted to selectmen and, with their approval, to voters at the spring 2020 town business meeting.

Mark McCluskey, the engineer from A. E. Hodsdon, of Waterville, who works with the town, explained that because the bridge is higher than the culvert it replaced (to make room for kayakers to go under the road), the steeper shore needs erosion protection.

His design calls for stone retaining walls, riprap or both along the shore north and west of the bridge and on the south (lake) side between the bridge and the boat landing. Fishing platforms will still be included.

The north side of the bridge will have an ATV trail, the south side a sidewalk. The sidewalk surface material remains to be determined. There will be marked pedestrian crosswalks east and west of the bridge.

The current – and controversial – metal guardrails will be totally removed, McCluskey said, and wooden ones installed where needed.

In addition to streetlights provided by Central Maine Power Company, McCluskey proposes recessed light fixtures under the guardrail along the sidewalk.

The gravel parking area on the north side of the road opposite the boat landing is not slated for change, Town Manager Dennis Heath said.

McCluskey hopes to have a final plan before the end of the year. At least two state departments, Inland Fisheries and Wildlife and Environmental Protection, need to review and approve, he said. An Inland Fisheries spokesman told him work cannot start before July 1, 2020, to avoid disrupting nesting birds in the wetland north of the project area.

Heath proposed rearranging TIF money to add funds to the Causeway Project. He said that under TIF rules, moving money from one project to another requires a local public hearing and state approval. Later in the week, he reported that state officials recommended seeking voters’ approval for such changes, as China officials did in 2017.

As a related project, the state boat landing is to be rebuilt; it will be longer and have concrete on the lake bottom at the end of the ramp, where boat propellers currently create a hollow and a sandbank. Heath said the state will pay 50 percent of the cost of the boat landing work.

TIF Committee members would like to complete the causeway project in 2020, but are not sure there will be enough time. They expect the causeway will be closed part of the summer; perhaps, they said, one-lane traffic would sometimes be possible.

The two TIF funding requests endorsed at the Nov. 4 meeting, both by unanimous votes, were:

  • For the Broadband Committee, $15,000 in the current fiscal year for a consultant to do a town-wide survey of broadband access. Heath said the Federal Communications Commission incorrectly believes 98 percent of China residents have broadband, a figure so high it makes the town ineligible for grants to expand access.
  • For the China Lake Association, $57,500 for three projects: continuing LakeSmart shoreline run-off controls, contracting with a LakeSmart director to relieve volunteer Marie Michaud and continuing the Gravel Road Rehabilitation Project (GRRP) started this year.

The next TIF Committee meeting is scheduled for Monday evening, Dec. 2.

Electronic tags to replace stickers at China transfer station

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by Larry Sikora and Bob Kurek,
China Transfer Station Committee

The State of Maine Department of Environmental Protection Agency recently awarded a grant to the China Transfer Station for a Radio Frequency Identification System (RFID). The data from the RFID will help the Transfer Station monitor usage and traffic flows and will assist the state in moving towards its goal of recycling 50 percent of household waste.

The RFID tag will hang from your vehicle’s mirror and replace the current annually-renewed window sticker. A sensor will detect when and by whom the Transfer Station is being used. The technology is similar to the EZ-pass and can easily be moved between vehicles. Effective January 1, 2020, transfer station users will be required to use the new tag.

RFID tags will be issued by China or Palermo town offices. One free tag will be provided to each residence and there will be a charge of $10 to replace a lost or stolen tag. If residents want more than the one free tag, additional tags may be purchased for $10 which is refundable when the purchased tag is returned.

There are three differences between the RFID tag and the sticker currently used. The RFID tag does not have to be renewed annually. Secondly, the tag is not associated with a vehicle license number and therefore can be moved between vehicles. Lastly, the tag must be returned to the town when the property is sold. A $10 refund is given for those tags purchased. Non-return of the initial free tag will result in an assessed fee.

There will be two informational public meetings discussing the introduction of the RFID tag. They are November 13, at 7 p.m., at the China Town Office and November 21, at 6 p.m., at the Palermo Town Office. The November 13 meeting can be watched using the live-stream located at the town of China’s website.