Vassalboro board members consider amendments to marijuana ordinance

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by Mary Grow

Vassalboro select board members have made progress toward livestreaming and recording their meetings. The Jan. 11 meeting was at least partly covered. Michael Picher donated the camera. David Trask provided technical support. Brian Lajoie helped with installing television screens and running wire. The selectboard was responsible for the directive and helping in coordinating with Picher and Trask.

Board member used three-quarters of an hour at the meeting to consider possible amendments to the town’s marijuana ordinance.

Board chairman Chris French’s goal is an updated ordinance that will provide more information and more income from fees to cover town expenses. He’d like to have it ready for voters’ action at the June town meeting.

As French explained the situation, there are two kinds of legal marijuana-growing operations in Vassalboro. Eight are grandfathered commercial operations, predating the town’s June 2021 Marijuana Business Ordinance. The rest are facilities whose adult plants cover an area of less than 500 square feet.

The 2021 ordinance says: “Marijuana Businesses shall be prohibited in the Town of Vassalboro unless they were in lawful operation or had received site plan or building permit approval for the use prior to the Effective Date of this Ordinance.”

That sentence means Vassalboro voters decided to prohibit any new commercial marijuana growing facilities. Planning board member Douglas Phillips, from the audience, repeatedly reminded select board members not to dispute the voters’ will, and they denied any such intention.

The second type of marijuana business in Vassalboro is limited to less than 500 square feet of adult plants, or fewer than 30 adult plants. These facilities, French said, are allowed by state law; and owners are allowed to sell their products, up to a state-specified limit, to licensed medical marijuana caregivers.

In French’s interpretation, the town cannot deny what the state authorizes. However, he would like town officials to have more information, like where such facilities are located, and recommends requiring a town permit through the planning board.

The topic will be revisited at a future meeting.

Town adopts new policy on remote public participation

At their Jan. 11 meeting, Vassalboro select board members adopted a new town policy titled “Remote Participation in Public Proceedings Policy.”

Referencing the state Freedom of Access law, the policy applies to “public proceedings or meetings” of all town boards and committees. It defines conditions under which a member of a board or committee may be allowed to participate remotely.

Whenever “any member of the body participates via remote methods,” members of the public will have the same opportunity.

If public comment is allowed, it is to be open to remote attendees as well as those present in person.

In an “emergency or urgent situation” a board or committee may hold a meeting entirely by remote means. In such a situation, all votes will be by roll call, visible and audible. Public attendance may also be limited to remote participation.

The policy describes how to give public notice of meetings. It says documents and materials being discussed are to be made available to remote public attendees equally with those present in person, “provided no additional costs are incurred by the body.”

A copy of the policy will be available on the Vassalboro website.

A second major topic Jan. 11 was how to use remaining ARPA (American Rescue Plan Act) funds. Town Manager Aaron Miller said the account has $84,705 left, some of it authorized for projects not yet completed.

Board members considered four proposals.

They returned to the idea of emergency generators to keep town facilities operating during power outages. Miller said the one person who responded to the request for cost estimates for the town office told him an order for several generators would reduce the price of each.

After discussion, board members asked Miller to get a price for generators for the town office, the Riverside fire station and the food pantry building. They plan to review the result at their first February meeting.

Miller recommended security cameras for town facilities. Board members waived the procurement policy and authorized Miller to spend $12,400 for security cameras.

A third proposed ARPA-funded project is replacing the elderly gasoline and diesel fuel pumps at the town garage. Miller said they are used for public works equipment, gasoline-powered school buses, the police vehicle and fire trucks.

The manager said he had one price quote and hoped to get at least two more. Select board members did not object.

Board members approved another $1,150 from the ARPA account to finish updating lights at the Vassalboro Historical Society building, the former East Vassalboro schoolhouse.

Looking at finances more broadly, Miller presented a summary financial report for the first half of the 2023-24 fiscal year. Neither he nor board members saw any problem areas.

Miller announced that Joshua Barnes is Vassalboro’s new animal control officer. Barnes holds the same position in China, he said.

During the Dec. 18 storm and following power outage, Miller said 86 people came to the new town warming center at Vassalboro Community School. He and Superintendent Alan Pfeiffer are satisfied; they would like to train more emergency volunteers. Interested residents are invited to contact the town office.

The next Vassalboro select board meeting is scheduled for Thursday evening, Jan. 25.

China planners return to talks on solar development

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by Mary Grow

China planning board members returned to an old topic, the proposed town ordinance to govern commercial solar development, at their first 2024 meeting, held on Jan. 9.

Chairman Toni Wall shared her revised draft of the ordinance. Board members made a few immediate comments and accepted Wall’s suggestion they discuss it again at their Jan. 23 meeting.

They hope to recommend a final draft to select board members in time for that board to present it to voters at the June town business meeting.

Revisions to China’s Planning Board Ordinance are already scheduled for a June vote, Wall said.

State statute regarding new state housing law

To give readers an idea of what planning board members are dealing with as they propose amendments adding provisions of the new state housing law to the town ordinance, here is a section copied from the law:

§4364-A. Residential areas, generally; up to four dwelling units allowed.

1. Use allowed. Notwithstanding any provision of law to the contrary, except as provided in Title 12, chapter 423‑A, for any area in which residential uses are allowed, including as a conditional use, a municipality shall allow structures with up to two dwelling units per lot if that lot does not contain an existing dwelling unit, except that a municipality shall allow up to four dwelling units per lot if that lot does not contain an existing dwelling unit and the lot is located in a designated growth area within a municipality consistent with section 4349‑A, subsection 1, paragraph A or B or if the lot is served by a public, special district or other centrally managed water system and a public, special district or other comparable sewer system in a municipality without a comprehensive plan.

A municipality shall allow on a lot with one existing dwelling unit the addition of up to two dwelling units: one additional dwelling unit within or attached to an existing structure or one additional detached dwelling unit, or one of each.

A municipality may allow more units than the number required to be allowed by this subsection.

Another planning board project is revising Chapter Two of the town’s Land Development Code, the section titled Land Use Ordinance. The version on the town website, china.govoffice.com, last revised in November 2022, is 63 pages long.

A major change needed is incorporation of the new state law that began as LD 2003, titled “An Act To Implement the Recommendations of the Commission To Increase Housing Opportunities in Maine by Studying Zoning and Land Use Restrictions.” It became law in April 2022.

The law seeks to increase available housing by expanding the numbers and types of dwelling units allowed on a lot. Municipalities are required to amend local ordinances to include provisions of the law.

Wall said she had asked China Town Manager Rebecca Hapgood to ask the Kennebec Valley Council of Governments to draft amendments to China’s ordinance. KVCOG has received many such requests from other member towns, she said.

Also needing planning board members’ attention are changes made by the Maine Department of Environmental Protection that should have been added to the town ordinance years ago and were overlooked.

Wall is reviewing the entire ordinance, aided by comments from codes officer Nicholas French as he has applied it over past months. She is noting incorrect cross-references, inconsistencies, omissions, contradictions and other substantive problems, as well as correcting capitalization, punctuation, grammar and spelling.

In other business Jan. 9, French said he is still working on ordinance violations, mostly work done without obtaining required permits.

Wall said she submitted the planning board’s 2024-25 budget request to the town office and is working on the board report for the town report that will come out in the spring, covering the fiscal year from July 1, 2022, to June 30, 2023.

The next China planning board meeting is scheduled for 6:30 p.m. Tuesday, Jan. 23.

WINDSOR: Delta Ambulance chief gives select board presentation

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by The Town Line staff

At their December 5, 2023, meeting, the Windsor Select Board heard Chris Mitchell, interim executive director for Delta Ambulance, speak about a variety of topics on behalf of the board of directors for Delta Ambulance.

He started by answering questions regarding his relationship with Delta and his history with the corporation. He then reviewed some future financial and demographic goals for Delta Ambulance. He confirmed the rumors that Delta will be selling the Cony Street location, in Augusta, and relocating up to 80 staff and up to five trucks, emphasizing they have not been using the location at full capacity. The reduction of rescue calls and transfers were a couple of the big deciding factors. New locations have been discussed with other towns, Windsor being one of them. Delta covers 13 towns.

Mitchell reported that currently the town of Windsor pays $15 per capita and that will increase. What the increase will be has yet to be determined, but could go as high as $25 per capita, if not higher.

Delta currently pays operating expenses only at the Cony Street location. They have contacted a consulting group and meetings will be held soon. He pledged to keep Town Manager Theresa Haskell up to date with any financial changes.

In other business, Haskell handed out the monthly transfer station report. November was up from last year at this time by $642.89 making the overall total $4,595.95 for the year.

– Acting as the Board of Assessors, they accepted the assessor’s agent’s 2023-24 supplemental tree growth penalty commitment in the amountt of $3,040, as presented by Assessor Vern Ziegler.
– The Select Board accepted the three-year contract from RHR Smith Buxton & Co., for auditing services. Haskell sent out six bid requests and received two responses.
– Haskell updated the board on renovations that could take place in the future at the town hall. The renovations include adding interior walls near the lift and adding office space and possible storage area. There was also discussion about heating and cooling in the office areas as well as upstairs. More information will be forthcoming.
– It was agreed to sign the certificate of appointments for the Windsor Educational Foundation & Reed Fund member.
– Haskell reported the Health Trust rates have increased by 4.25 percent. Dental rates didn’t change.

Windsor public works director applauds work crew

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The Town Line staff

The Windsor Board Selectmen, at their meeting of December 19, 2023, heard Keith Hall, Public Works Director, report on the storm of December 18, 2023. He said truck #6 is still out of service.

He then praised the public works crew for working until 5 p.m., on December 18, during the wind and rain event, until they ran out of daylight. He said they did what they could do with the equipment available. With many downed trees and limbs, they were able to open all roads with at least one passable lane. There was no loss of roads nor bridges at the time, and flooding was held to a minimum. Town Manager Theresa Haskell has begun the FEMA paperwork for storm damages.

Tim Coston, Public Works driver and laborer, said that with the approval of the select board, effective immediately, the transfer station will no longer accept tires on rims.

Haskell reported the town received seven applications for the transfer station attendant position. They conducted six interviews last week, with one no show, and a decision will be made soon and training will begin.

In other business, Haskell handed out and reviewed the town’s 2023-24 three-month budget figures. There were no areas of concern.

– The building code that was on the agenda will be reviewed in its entirety at a later date. Coston asked the other select board members to review page 6 closely when time approaches.
– Haskell distributed nomination papers for the Spirit of America Award and asked the select board to think about possible candidates.

VASSALBORO: Transfer station group begins redesign project

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by Mary Grow

Vassalboro’s transfer station task force members had two projects on their Jan. 4 meeting agenda.

The first is the beginning of a redesign of the transfer station facility on Lombard Dam Road, involving outside expertise. The second is an update of the town’s Transfer Station Ordinance, an in-house project.

In the fall of 2023, Town Manager Aaron Miller sought requests for proposals for engineering services for the redesign. The request asked engineering firms to provide information on “permitting, design and cost estimates for a 60-foot by 80-foot transfer station building,” either “an open-ended Quonset steel building or a steel-pole barn structure.”

He received one response, from Camden-based Senders science, engineering & construction. At their Nov. 30 meeting, select board members referred the proposal to the transfer station task force.

They also decided to invite company head Jeff Senders to inspect the current facility and meet with the task force or select board, and to pay him for his time. Miller told the Jan. 4 meeting Senders is willing to come without pay.

Task force members agreed they should ask Senders to inspect the transfer station, and to take time to digest his findings before returning to discuss them with the task force. Miller is to propose possible January dates for Sender’s visit and report back.

Miller and the two select board members on the task force, Chris French and Michael Poulin, hope to make progress on the issue before they get involved in 2024-25 budget discussions, scheduled to start in February in preparation for a June town meeting.

Task force member Amy Davidoff said she and transfer station manager George Hamar had worked on revisions to Vassalboro’s 1988 Solid Waste Ordinance, starting by renaming it the Solid Waste and Recycling Ordinance.

The ordinance is complemented by a solid waste manual, which Miller said will be on Vassalboro’s website. Part of the discussion was over what information belonged in which document.

Task force members reviewed the beginning of the ordinance section on definitions, asking questions and offering suggestions.

Whatever ordinance changes the task force recommends, select board members will have Vassalboro’s town attorney review them and will hold a public hearing on them before voters are asked to approve or reject them.

Task force meetings are open to the public. The next meeting is scheduled for 5:15 p.m. Thursday, Jan. 18, in the town office meeting room.

CHINA: Delta Ambulance requests increase in per person charge

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by Mary Grow

In October 2022, Timothy Beals, who was then head of Delta Ambulance, asked China select board members to ask voters to approve funding the service in 2023-24 at $15 per resident, or a little less than $66,000 for the fiscal year.

At the time, he predicted the per-person charge would rise. He was right.

At the Jan. 2, 2024, China select board meeting, Delta Ambulance interim executive director Chris Mitchell explained why the service is requesting a higher 2024 appropriation from towns it serves.

The ambulance service was organized in 1972, Mitchell said, and until last year did not ask for town subsidies. Funding came primarily from insurance reimbursements, which over the years have fallen farther and farther below expenses.

Medicare’s funding formulas are complicated, Mitchell said. They cover mileage and treatment, with different rates for different levels and types of treatment. If an ambulance and crew come to a house but no patient is transported, there is no reimbursement.

Delta gets additional funds from miscellaneous sources, like grants and fees for courses its staff offers.

Mitchell said a Maine blue ribbon commission looked into ambulance funding a few years ago and concluded no Maine service was able to break even. The commission recommended state legislators appropriate $70 million a year for five years.

The legislature approved a one-time subsidy of $31 million, with an initial grant of $200,000 per service and the distribution formula for the rest not yet determined. Mitchell called the funding “inadequate.”

China select board chairman Wayne Chadwick translated: the federal government sets a reimbursement rate that doesn’t cover costs, the state doesn’t fill the gap so the towns get billed.

Costs, Mitchell said, include insurance, payroll, supplies, vehicle and building maintenance and utilities. He estimated it costs $1 million a year to run an ambulance.

Cutting overhead without sacrificing service is difficult. Ambulances may sit idle for part of a day, and then multiple calls will send them all out at once.

Another limit on cost reduction is the wage competition affecting many areas of the economy; medical staff wages have increased significantly.

Mitchell said cost-cutting includes reassigning personnel for more efficiency. Delta’s Augusta building has been sold, effective the end of January, and will be rented from the new owners until two smaller, less costly buildings can be found.

The upshot, he said, is that the per-person fee request from member towns will rise to $25. He estimated the bill to China for 2024-25 will be slightly over $110,000.

Mitchell did not ask for any select board action. Board member Jeanne Marquis proposed the board consider supporting funding requests during the current legislative session; Mitchell said he will provide information.

In other business Jan. 2:

— Board members voted to put a revised Planning Board Ordinance on the June 11 local ballot, sharing the day with state primary elections and China’s annual town business meeting.
— They decided to put no local ordinances on a March 5 ballot with the state primary election, on two grounds: voter turnout will be higher in June and November than in March, and there is too little time to prepare a local March ballot.
— They discussed China’s town public works trucks, and voted to offer the 2012 GMC half-ton for sale by sealed bid. Information will be available at the town office.
— Town Manager Rebecca Hapgood credited transfer station manager Thomas Maraggio and staff member Cheyenne “Cj” Houle for getting China a state waste diversion grant of $14,440.57 (see the Dec. 14, 2023, issue of The Town Line, pp. 2-3). Maraggio said the grant will help fund two projects, enlarging and walling the cement compost pad and installing lights in the free for the taking building.
— After discussion, board members approved an updated transfer station fee schedule for mattresses, units with freon and commercial waste (the revised schedule is on the town website, china.govoffice.com). Hapgood said most of the increases will take effect April 1, allowing Palermo residents the three months’ notice required by the contract under which they use China’s transfer station.
— Hapgood said transfer station committee chairman Paul Lucas has resigned. China residents interested in serving on this committee are invited to contact the town office.
— Board members appointed Kemp Anderson to a three-year term on the board of appeals.

Other town employees earning praise, besides Maraggio and Houle, were deputy clerk Tammy Bailey, from codes officer Nicholas French for her help as he returns to the job long-distance; and from select board members, the public works crew for their storm clean-up and town office staff for the December 19 through Dec. 22 warming shelter.

The next regular China select board meeting is scheduled for 6 p.m. Tuesday, Jan. 16 (because Monday, Jan. 15, is the Martin Luther King, Jr., holiday), in the town office meeting room.

East Vassalboro Water Co., LLC under new management

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The Masse Sawmill site on Rte. 32, in East Vassalboro. (contributed photo)

Ownership of the East Vassalboro Water Company (EVWC) will officially transfer on Thursday, December 28, 2023. EVWC was established in 1914 and for 109 years has been owned and operated by four generations of the Masse – Robbins families. EVWC supplies potable water to approximately 200 persons, keeping the ratepayer in mind with each decision.

The Maine Public Utilities Commission approved the sale of EVWC on November 27, 2023. On December 28, 2023, Justin Ahmann and Marc Liechti will become the new owners of EVWC. They have purchased similar utilities and provided capital investment and strive for operational efficiencies to give the ratepayers the best value.

New payment methods and contact information will be mailed to each existing customer. Should any customer have questions please contact the new owners at: accounting@aputilities.com.

Vassalboro select board meeting draws large audience

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by Mary Grow

As expected, the Dec. 14 Vassalboro select board meeting attracted a large audience – 70 or more people filled the Vassalboro Community School cafeteria, 60 or so to listen to or join discussion of the Vassalboro Sanitary District’s sewer rates.

The VSD serves about 200 customers in East and North Vassalboro. Its collected sewage goes to Winslow and from Winslow to Waterville’s Kennebec Sanitary District treatment facility.

The main purpose of the Dec. 14 discussion, select board chair Chris French said, was to hear from VSD officials. Vassalboro’s legislative representatives were invited to listen and share information on possible funding sources; Rep. Richard Bradstreet attended, Sen. Matthew Pouliot had a conflicting commitment.

Also present was Laurie A. Stevens, northern New England regional director for RCAP Solutions. Her organization, she explained, helps small towns with water and wastewater needs. RCAP Solutions is federally funded, so neither VSD nor the town would be charged for services.

VSD superintendent Chuck Applebee, who has been associated with VSD for years, provided historical background to the present financial situation.

In the 1970s, he said, Vassalboro had two choices for sewage disposal that would meet state requirements: pipe to Winslow or build its own treatment system. Desiring local control, the town built its own system in 1980 and 1981, and VSD was organized.

By 2012, the system, consisting of three sand filter treatment beds in North and East Vassalboro and miles of pipes, had two problems. The beds were past their 20-year life expectancy; and the system could not meet new phosphorus control requirements.

In December 2013 VSD trustees hired an engineer to evaluate three options. They could connect the Vassalboro system to Winslow; they could rebuild each Vassalboro bed and add phosphorus treatment; or they could create a combined system within Vassalboro and add phosphorus treatment.

All three choices were expensive, Applebee said. The trustees chose the least expensive, connecting to Winslow, at a cost of about $7.8 million. Work started in 2019 and was finished in the fall of 2020.

Project funding included $4 million in grants, an unusually high percentage for which Applebee commended district trustees. They still had to borrow money; and the main reason for the 2023 problem is that VSD is about $3 million in debt.

In addition, Winslow recently announced a 25 percent increase in the rate it charges Vassalboro.

Consequently, rates to VSD customers, which have already gone up, are slated to increase by 60 percent in January. Several residents said they cannot afford the proposed quarterly costs.

Select board members and Town Manager Aaron Miller started to look into VSD rate increases after residents raised the issue in June. French said discussions with Winslow were delayed as that town changed town managers.

Related issues raised during the hour and a half discussion included a “ready to serve” fee charged – unevenly, residents said – to people who live along the sewer lines but are not hooked up because their septic systems are working.

VSD was denied a $1 million grant from the state. Bradstreet said he is seeking more information on reasons for the denial.

Resident Tara Karczewski-Mitchell asked a list of questions compiled after a Dec. 6 community meeting. Answers established that the VSD and the Town of Vassalboro are separate entities; that VSD needs and uses all its properties, except an old sludge dump off Taber Hill Road that would need environmental testing before being put on the market; and that in Applebee’s opinion, no engineering errors on the post-2013 connection significantly affected costs.

Karczewski-Mitchell’s last question, how 200 customers can be expected to repay a $3 million debt, drew applause from the audience.

After the discussion, many residents signed a petition asking select board members to ask voters to spread sewer costs among all residents, not just sewer users. The main rationale is that keeping sewage out of Outlet Stream benefits all residents.

In other business at the Dec. 14 meeting, select board members:

— After a quarter-hour discussion, voted unanimously to close the transfer station all day Sunday, Dec. 24; and voted 2-1, with French opposed, to close it at noon Sunday, Dec. 31.
— Unanimously approved revised cemetery rules.
— Agreed they should meet in person with a representative of the only engineering firm that bid on redesigning the transfer station (see the Dec. 7 issue of “The Town Line”, p. 3).
— Postponed action on a policy on public comment at select board meetings; installing a generator at the town office (and perhaps the North Vassalboro fire station); and considering changes to Vassalboro’s TIF (Tax Increment Finance) ordinance and to land use regulations.

Miller reported that Delta Ambulance had sent notice of a substantial fee increase for 2024, from $15 per resident to $25 per resident. French translated it as increasing the town’s payment from about $65,000 to about $107,000.

Miller said he had asked Delta officials to organize a meeting with representatives of the towns it serves.

The next regular Vassalboro select board meeting is scheduled for Thursday evening, Dec. 28.

Vassalboro Sanitary district topic of meeting

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by Mary Grow

The Dec. 14 Vassalboro select board meeting will be in the Vassalboro Community School cafeteria, instead of the town office, beginning at 6:30 p.m.

Town Manager Aaron Miller said the change is to accommodate the large crowd expected because of the first agenda item, “Discuss Vassalboro Sanitary District.”

The main issue is that sanitary district fees are stressing the budgets of residents of East and North Vassalboro. The district is in debt, mostly because of its recently-completed connection to the Winslow-Waterville system. Additionally, Winslow sewer rates have gone up.

At a Dec. 6 community meeting, some three dozen residents discussed information they hope to gain Dec. 14. They developed a list of questions to put to town and sanitary district officials and to Vassalboro’s state representatives, Senator Matthew Pouliot and Representative Richard Bradstreet.

Also on the Dec. 6 select board agenda are Vassalboro’s Tax Increment Finance District; local implications of a new state law on affordable housing; providing a generator at the town office (see the Nov. 23 issue of The Town Line, p. 3); proposed updates to cemetery rules; and engineering services for a new transfer station building (see the Dec. 7 issue of The Town Line, p. 3).

China awarded waste diversion grant for transfer station

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by Mary Grow

China has been awarded a $$14,440.57 state Waste Diversion Grant for improvements at the transfer station.

Town Manager Rebecca Hapgood said the bulk of the money is to be used in the compost area, expanding the compost pad and adding bins. The rest will cover installation of solar lights in the free for the taking building.

Hapgood commended transfer station staff member Chayenne “Cj” Houle for putting “a lot of time and effort” into the grant application.

Houle said China will add $4,820 in local funds, for a total project cost of $19,260.57. The work must be finished by Dec. 1, 2024; Houle said she intends to begin immediately collecting information on building permits, materials and state requirements and expectations.

Mark A. King, Organics Management Specialist in the Maine Department of Environmental Protection’s Division of Materials Management, sent Houle notice of the award on Dec. 5. He wrote that of 11 applicants, seven, including China, received all they had requested and three others received partial funding.