CHINA: Breton appointed to planning board; protest filed by other candidate

by Mary Grow

China selectmen spent almost half an hour of their Feb. 20 meeting debating whom to appoint to a vacant planning board seat – and the question might not be resolved, because the loser has questioned the process.

The planning board has five members, one chosen from each of four districts and one from anywhere in town (at large), plus an alternate member, elected (or appointed between elections) from anywhere in town and entitled to vote only in the absence of one of the five full members. The vacant seat is the at-large voting position.

Tom Michaud has resigned from the at-large seat. Former board member and chairman Ronald Breton and former member and chairman and current alternate member Jim Wilkens both asked to be appointed.

Neither man ran for planning board in the November 2017 election. Wilkens announced he was retiring, but was elected by write-in votes to the alternate position and accepted the post. Breton ran unsuccessfully for selectman.

Wilkens told selectmen after 14 years on the board, he would like to be a voting member again. Breton said he wants to continue to serve the town.

Selectman Irene Belanger suggested moving Wilkens to the voting position and appointing Breton the alternate member. Breton said he would not accept the non-voting position.

The four selectmen present agreed both candidates were qualified. They discussed procedure at length, ending with three motions on the floor, none seconded: Belanger’s to appoint Wilkens the voting at-large member, Jeffrey LaVerdiere’s to appoint Breton to the position and Chairman Robert MacFarland’s to table the issue until a full board was present.

At that point the missing selectman, Neil Farrington, walked in, surprised by the acclaim with which he was greeted.

After more discussion, MacFarland seconded LaVerdiere’s motion to appoint Breton, arguing that Wilkens should stay in the seat to which he was elected. Breton was appointed on a 4-1 vote, with Donna Mills-Stevens joining Farrington, LaVerdiere and MacFarland in the majority and Belanger opposed.

Later that evening, Wilkens emailed Town Manager Daniel L’Heureux, asking whether the at-least-occasional precedent of making the alternate member a full member when there was a vacancy should be followed; what the appeal process is; and whether Farrington should have voted on an issue discussed in his absence.

In other business Feb. 20, selectmen signed the official warrant for the March 24 annual town business meeting, scheduled for 9 a.m. at China Primary School.

They unanimously authorized L’Heureux to sign a contract with A. E. Hodsdon, the Waterville engineering firm, to act as China’s representative overseeing the planned construction of a replacement bridge at the causeway at the head of China Lake.

In November 2017 China’s TIF (Tax Increment Finance) Committee had cost estimates from A. E. Hodsdon and Wright-Pierce, the contractor for the new bridge. Wright-Pierce’s proposed fee for the work was $23,475; A. E. Hodson’s was $21,172 for oversight.

Selectmen plan to invite landowners Tom and Marie Michaud to discuss the new fire pond on the Michauds’ land on Neck Road. They authorized L’Heureux to take “necessary and prudent” steps to continue development of the pond.

Resident Linda O’Connor responded to questions selectmen asked in January about the LakeSmart program, in relation to the March 24 warrant article asking if voters want to use up to $20,000 in TIF money for the program. After a discussion of the relationship among LakeSmart, the China Lake Association (CLA), the China Region Lakes Alliance (CRLA) and the Youth Conservation Corps (YCC), O’Connor asked selectmen to send further questions and suggestions directly to CLA President Scott Pierz and CRLA President Jim Hart and “get me out of the middle.”

Selectmen unanimously approved a consent agreement recommended by Codes Officer Paul Mitnik, fining a contractor $150 for putting in a garage foundation without the inspections Mitnik is required to make under MUBEC (Maine Uniform Building and Energy Code).

The Feb. 20 meeting included an executive session discussion of legal issues with attorney Amanda Meader of Ellis and Meader, in Augusta. The session lasted almost an hour and a half; no action was taken afterward. L’Heureux said Meader has a contract to advise town boards when town attorney Alton Stevens is not available.

To accommodate board members’ travel schedules, the next regular selectmen’s meeting is scheduled for Wednesday evening, March 7, instead of the usual Monday evening. The meeting begins at 6:30 p.m. Jim Dinkle, executive director of the Kennebec Regional Development Authority that runs FirstPark, plans to talk with selectmen.

Williams to retire as chief of Maine State Police

Col. Robert Williams, China resident and chief of the Maine State Police

China resident accepts position as director of security at Colby College, in Waterville

Robert A. Williams, of China, head of the Maine State Police for the past seven years, has been named director of security at Colby College. His appointment follows an extensive national search. In his 33 years in law enforcement, Williams rose through the ranks, from trooper to ultimately being nominated by Governor Paul LePage to become colonel in 2011. Williams comes to Colby with extensive experience in emergency response planning, personnel management, and organizational development. He begins his work at Colby March 12.

“At a time when the security issues facing colleges and universities are increasingly complex, having a seasoned leader with experience in every aspect of protecting our communities will position Colby for continued strength,” said Vice President for Administration and Chief Financial Officer Doug Terp. “Bob also demonstrates a keen ability to build relationships, which is an important element of this role. We look forward to welcoming him to Colby.”

Williams began his career in law enforcement in 1983 as a trooper for the Pittsfield Police Department. He later became a state trooper in Skowhegan, for 11 years, before rising to the position of sergeant. In 1998 he became lieutenant in the communications unit, and in 2000 he rose to major, overseeing nine units. In 2007 Williams was named lieutenant colonel. His professional development experience includes crowd control and event security, team building and ethics, and extensive leadership training.

“As a native of central Maine, I have watched Colby continue to rise,” said Williams. “I am drawn to Colby’s commitment to excellence, something that I have continually worked toward as a member of the Maine State Police. After a full career in law enforcement, I am excited about the opportunity to interact with a whole new community.”

A graduate of University of Maine, Augusta, Williams earned a master’s degree in criminal justice administration from Husson University, in Bangor. He also attended the FBI National Academy, in Quantico, Virginia. He is a longtime member of the Vassalboro Fire Department, where he has served on the board of directors since 1992.

At Colby, Williams will lead a staff of 40 employees and will manage and administer safety programming, facility security, compliance, training, emergency preparedness, and critical incident management. He will work collaboratively with students, faculty, staff, and other constituents to promote a safe and secure environment.

A resident of China, Maine, Williams and his wife, Joyce, are the parents of two adult daughters with careers in healthcare.

Palermo residents speak up about Sheepscot fishway

Submitted by Lynda Pound, member of the Sheepscot Lake Association.

Alewives

Although a major snow storm was bearing down on Palermo, over a hundred town residents assembled in Augusta for a hearing on the bill L.D. 922 on February 7, before the Marine Resources Committee, in Augusta. This bill proposed that Marine Resources would take control of the dam on Sheepscot Lake from the Maine Department of Inland Fish and Wildlife in order to open the fishway to migratory fishes during the spawning season from April 15 to June 30. The fishes that would come up through the fishway would be alewives (to be used as bait fish for the lobster industry), Sea Lamprey, and American Eels. According the Andy Goode, of the Atlantic Salmon Federation, there would be no Salmon.

Testifying before the Marine Resources Committee were members of the Sheepscot Lake Association, a representative from the Palermo Select Board, many concerned citizens of Palermo, legislators and residents of Long Pond, and other concerned Maine citizens….most all in opposition to this bill.

The Sheepscot Lake Association and Palermo residents wanted legislators to know that they are profoundly against this opening for multiple reasons. These include threatened biosecurity of the fish rearing station from alewives entering the lake during spawning season, damage to the valuable self sustaining wild togue (lake trout) population, parasitic sea lamprey entering the lake during spawning season, and potential negative impact on the tax base of Palermo from fluctuating water levels.

Vehement opposition to this controversial bill was in clear evidence. Proponents of L.D. 922 made it clear that they did not think that there would be any problems with opening the fishway during spawning season. During testimony, it emerged that there have been no recent environmental impact studies done for Sheepscot Lake. Thus, it is not known how damaging this proposed opening would be, to either the lake or the fish rearing station. After hearing the lengthy testimony presented to them, the Marine Resources Committee members adjourned, having set a date for an upcoming workshop to vote on the bill.

On February 14, the committee reconvened to discuss L.D. 922. Much written testimony had been given to each legislator and a lively debate ensued. Proponents of the bill felt that opening the fishway during spawning season would not pose a significant risk to the fish rearing station, nor would it negatively impact the deep water fishery or the recreational use of the lake. Written testimony from the opposing side, the citizens of Palermo, contained specific information about past history with the fishway having been opened during spawning season in the era of the late ‘60s, and ‘70s. A proliferation of sea lamprey, who were unable to get out of the lake after spawning, attacked both salmon and togue. According to a written document from Inland Fish and Wildlife, deep water fish caught during this time were scarred with multiple wounds from sea lamprey. More information from Inland Fish and Wildlife outlined the high cost of equipment that would have to be installed in order to protect the rearing station from potential viruses and pathogens, if the alewives and sea lamprey were allowed to enter the lake. After much deliberation, the committee voted 8 – 4, ought to pass. At this point, the bill will be forwarded to the legislature for more debate and a vote.

It should be noted that the Maine Governor, Paul LePage, has written a letter to the Commissioners of Marine Resources and Inland Fish and Game asking them to keep the fishway as it is now, requesting that other bodies of water could be used for raising and harvesting alewives.

Vassalboro selectmen to hear about LED lights; ARI update; department heads for budget discussions

source: http://www.vassalboro.net/

by Mary Grow

Vassalboro selectmen meet at 6:30 p.m. Thursday, Feb. 15, in the town office meeting room, with four major items on their agenda. Paul Vesel, Director of Business Development with Realterm Energy, is scheduled to attend to discuss converting the town’s streetlights to LED. Representatives of the Alewife Restoration Initiative (ARI) are to update board members on the proposed fishway at China Lake’s outlet dam and related matters. Department heads from the public safety, recreation, solid waste and First Responders will join selectmen to discuss 2018-19 budget requests. And board members will again discuss the increased tax bill for Vassalboro’s gravel pit in China.

The Town of Vassalboro will hold a public hearing at 6 p.m. Thursday, Feb. 22, at the town office, to seek public comment on an application for a Community Development Block Grant to help the Vassalboro Sanitary District connect town sewers to the Winslow sewer system. Interested residents unable to attend the hearing may submit written comments to the town office up to the hearing time. Public comments received before and at the hearing will be submitted as part of the application for funds.

China selectmen meeting change due to holiday

by Mary Grow

China selectmen have scheduled their second February meeting for 6:30 p.m. Tuesday, Feb. 20, since the usual Monday meeting would fall on the Presidents’ Day holiday. The board meets in the town office.

On Monday, Feb. 19, the China town office and transfer station will be closed for the holiday.

 

VASSALBORO: Planners approve two permit applications

Vassalboro Codes Officer Richard Dolby reported that Vassalboro Planning Board members unanimously approved two applications on their Feb. 6 agenda and forwarded a revised Building Permit Ordinance to selectmen, with a request that the two boards discuss the document.

Receiving permits were Robert and Carla Dyason to expand a camp at 72 Branstrom Road on Three Mile Pond and James and Rachel Kilbride for their proposed re-use of the former St. Bridget’s church on Main Street in North Vassalboro.

The Dyasons’ expansion is limited to 92 square feet and the maximum roof height to 24 feet, Dolby wrote.

The Kilbrides propose using the former church as a community center and assembly place, with occasional subsidiary retail uses, like a farmers’ market or yard sales, according to information they gave the board.

Dolby said they have approval to light the existing sign. A parking lot light is to be shielded.

Discussion of proposed changes to the Building Permit Ordinance, drafted by Dolby, focused on setback requirements, the codes officer reported. Board members changed the proposed setback from property lines to 20 feet instead of 10 feet.

They talked about increasing the setback from road rights-of-way, which is now 25 feet, but realized the change would not work in what they called village areas. Since town ordinances do not include maps of village areas, they decided not to recommend the setback change.

VASSALBORO: Town’s reserve funds likely not affected by stock market fluctuations

source: http://www.vassalboro.net/

by Mary Grow

The Town of Vassalboro’s savings – its so-called unassigned or undesignated fund balance, once known as surplus, plus designated funds like cemetery trust funds – are unlikely to be affected as the United States stock market bounces up and down. Investment advisor Matt Weaver, of First Advisors, told selectmen at their Feb. 8 meeting that the town is conservatively invested, with no more than 25 percent in the stock market and the rest in more stable bonds (mostly short-term) and certificates of deposit.

Last year, Weaver said, Vassalboro gained 6.73 percent on its portfolio. He believes, and Town Manager Mary Sabins agreed, that in seven years with First Advisors the town has had a positive return every year. Weaver recommended and selectmen unanimously approved renewing the town’s investment policy, which sets safety of principal as the first goal, liquidity second and “a reasonable rate of return” third.

Most of the rest of the Feb. 8 meeting was devoted to other matters related to money. Board members approved with minor changes Sabins’ request for proposals for alewife harvesting. Proposals from harvesters interested in working in Vassalboro are due at the town office by 11 a.m. Friday, March 2.

Selectmen were not pleased to learn that taxes on Vassalboro’s gravel pit in China had risen from around $200 to around $1,500. Sabins had talked with Vassalboro’s and China’s assessors; selectmen asked her to find out from the Maine Municipal Association whether a municipality, like Vassalboro, is tax-exempt in another municipality. If it is not, they talked about appealing the increase.

Two Cemetery Committee members asked for and received approval to use most of the remaining money in the Cross Hill cemetery fund, acquired by the town with the cemetery, to hire an expert to repair Cross Hill cemetery stones. Jane Aiudi and Jody Kundreskas said interested people will be invited to watch and learn during the week the expert is in Vassalboro.

Board members and a resident talked about other residents who violate the honor system at the sand shed and take more than the two buckets of sand allowed. One person planning to get sand to make steps and sidewalks safer for elderly neighbors found there was none left.

Sabins gave selectmen the first draft of the proposed 2018-19 budget, triggering a series of meetings preparing for the annual town meeting on June 4 (with elections and any written-ballot items Tuesday, June 12). Selectmen were scheduled to hold an afternoon budget workshop Feb. 13. Their next meeting will be at 6:30 p.m. Thursday, Feb. 15, preceded by a 6 p.m. Kennebec County district caucus to choose a member of the county budget committee.

The Vassalboro Budget Committee’s first meeting is scheduled for 7 p.m. Thursday, March 1, in the town office.

In addition, a public hearing on the Vassalboro Sanitary District’s application for a Community Development Block Grant is scheduled for 6 p.m. Thursday, Feb. 22, at the town office. More information on the hearing and ways for interested residents to comment on the application is on the town’s website.

China selectmen prepare warrant for budget committee review

by Mary Grow

China selectmen spent much of their Feb. 5 meeting putting the warrant for the March 24 town business meeting in absolutely final form, in preparation for review by the budget committee the evening of Feb. 6. The last few changes they approved included renumbering the articles, because one number was omitted as drafts changed; deleting an unnecessary reference in the funding article for the LakeSmart program; and increasing the amount they recommended for the China Village library from $100 to $4,500, matching the recommendation for the South China library.

The article that will be renumbered 34 asks voters to appropriate up to $20,000 for the LakeSmart program, which helps lakefront property owners on China Lake control run-off to protect water quality. As drafted, the article included a clause requiring Selectboard approval for spending any of the money “to advance an interest in real property.” LakeSmart spokeswoman Linda O’Connor said the program has no intention of acquiring any such interest; the clause was removed.

In what will be Art. 26, selectmen initially recommended voters give $4,500 to the South China Library and $100 to the Albert Church Brown Memorial Library in China Village, run by the China Library Association. Their rationale was that the China Village library had less need of money, because the association has an endowment fund that totaled more than $450,000 before the recent stock market declines.

Association President Tom Parent explained that a maximum of four percent, $20,000 to $22,000, is withdrawn annually so that the fund will keep the library running in perpetuity. The library’s annual operating budget is around $32,000, Parent said. The difference is made up by donations, numerous fund-raising projects and the town stipend.

Challenged by board Chairman Robert MacFarland for keeping the funds in the comparatively volatile stock market, Parent pointed out that the interest earned on a savings account or bond fund would not begin to cover annual expenses.

Selectmen voted unanimously to increase the recommended appropriation. They did not accept Parent’s second request, that they rewrite the article so that it would allow voters to choose the amount to give each library, below, at or above the recommended amounts.

The library funding article and a few others in the March 24 warrant are closed or capped: the recommended funding amount appears in the body of the article. Most of the rest of China’s expenditure articles begin with “To see what sum” and have amounts as recommendations by the selectmen and budget committee added below the articles; they are called open articles.

Town meeting rules say that when an article is closed, voters can approve the amount as stated or a smaller amount, but not a larger amount. When an article is open, voters can appropriate whatever they see fit.

Parent argued that open articles are more democratic. MacFarland said having all open articles makes it possible for special-interest groups to increase funding beyond selectmen’s intentions, unbalancing town finances.

China’s annual town business meeting is scheduled for 9 a.m. Saturday, March 24, at China Primary School.

In other business Feb. 5, selectmen voted unanimously to begin the process of seeking a successor to Town Manager Daniel L’Heureux, who plans to retire in June. They rejected O’Connor’s suggestion that they add four residents, one from each area of town, to a selection committee, saying that interviewing and hiring the town manager is the selectmen’s job.

They accepted Thomas Michaud’s resignation as at-large (elected from anywhere in town) planning board member and agreed to advertise the vacant seat.

The selectmen’s meeting was preceded by a bicentennial celebration in the former portable classroom, at which Bicentennial Coordinator Neil Farrington and about three dozen residents of all ages discussed China’s history, and a fireworks display that audience members agreed was one of the best in China in years. The occasion was the 200th anniversary, to the day, of the creation of the Town of China from parts of Harlem (the southern part of present-day China), Albion (then Fairfax) and Winslow.

Branch Mills Dam project update

The Branch Mills Dam before the mill was razed. Photo from Krisweb

by Bob Van Riper

Branch Mills Dam is one of three major barrier removal projects in the Sheepscot River corridor being undertaken by the Midcoast Conservancy, the Atlantic Salmon Federation and other conservation partners. The primary intent of these projects is the restoration of fish passage for a variety of sea-run fish species to the river. Branch Mills Dam is the only project sited on the West Branch of the river.

An example of an Alaskan steeppass fishway installed below the bridge on Souadabscook Stream in Hampden, Maine. (Photo source: Atlantic Salmon Federation)

Goals for the project are to update the structural condition of the dam to safe standards, install a Steeppass fishway, create a hand-carry boat launch for public access, develop and install security and safety structures and landscape the site.

The Branch Mill structure was removed in July 2017 in advance of a purchase and sale agreement between the owner Branch Mills Flour and Grain and the Atlantic Salmon Federation (ASF). In late July, ASF met with the Maine Emergency Management Agency (MEMA) and the Maine Department of Environmental Protection (MDEP) to assess the structural condition of the dam without the presence of the mill structure, which had formerly rested on the spillway of the dam. No engineering plans for the original construction or subsequent repairs are known to exist. Consensus resulting from the review determined the need for an engineering evaluation of the condition of the dam, along with design details for any required repair of the structure. In addition MEMA indicated that an update of the Emergency Action Plan for the dam was necessary and MDEP said that the existing operation plan was insufficient and needed to be rewritten. Additionally, prior evaluations by MEMA indicated that the deep gates were inoperable due to partial collapse of the mill structure.

In August, the owner of the dam demonstrated that all three deep gates in the structure were operational.

This photo shows the old abandoned mill that sat on top of the dam at the outlet of Branch Pond at the headwaters of the West Branch Sheepscot River. This dam has no fish passage facilities. The mill has since been demolished.
Photos courtesy China Town Office

ASF acquired the dam and adjacent property in September 2017. Removal of the mill building, which had formerly served as access for and housed the hoisting system for the deep gates, left the mechanism exposed. ASF attempted to retain a building contractor to build a housing structure and an access walkway for the gate mechanism. For large contractors, the job was too small to be of interest, smaller contractors lacked sufficient insurance to comply with OSHA regulations. ASF then searched for a temporary means of access. Currently, ASF is working on using prefabricated metal staging planks with railings for access to the gates until construction of the project begins and permanent structures are built.

In October, ASF wrote an Operational Plan for the dam based on the current water level and outflow requirements stated in the MDEP Water Level Order for Branch Pond. The organization also developed an Emergency Action Plan in coordination with MEMA. Both plans were accepted by the respective agencies in mid-November. The Emergency Action Plan was subsequently revised and resubmitted in January 2018 after comments offered by several responders.

In November 2017, an MOU was developed and signed between ASF and the Branch Pond Association (BPA) initiating a partnership in the operation of the dam. Also in November, a Request for Proposals for engineering services was advertised. An on-site meeting was held in early December with prospective consultants to describe aspects of the work and answer any questions in regards to the proposed scope of work. As a result, ASF retained the services of Kleinschmidt Associates, of Pittsfield, in January 2018 to provide a design for a Steep pass fishway, an evaluation of the dam, provide design for correcting structural deficiencies, designing a hand-carry boat launch, design and installation of access and cover structures and other site improvements. Kleinschmidt will commence its efforts beginning with a kick off meeting in February 2018.

Bob Van Riper is with the Midcoast Conservancy of the Atlantic Salmon Federation.

The state of disrepair of the old Branch Pond Mill. Photos courtesy China Town Office