by Mary Grow

The China Board of Appeals met Friday afternoon, March 10, to hear an appeal of a building permit issued by codes enforcement officer Nicholas French. Board members upheld French’s decision.

The permit was issued on Jan. 9, 2023, to Wayne Paul, Jr. It was appealed by Baiba Bangerskis (for whom her husband, Gundars “Gus” Bangerskis spoke), Raymond Malley and Susan Malley (identified as the widow of James R. Malley), residents of the Yarmouth, Massachusetts, area.

The appeal documents correctly identify French as assistant codes officer and Town Manager Rebecca Hapgood as codes officer. Hapgood holds the title while French completes courses needed for certification (he is almost done); French has been doing the job, and his signature is on Paul’s permit.

After appeals board chairman Spencer Aitel established the board’s authority to hear the appeal, the appellants, appearing virtually, explained the situation, with Bangerskis taking the lead.

They explained that two pieces of land on the east side of Three Mile Pond are involved. One piece is owned jointly by Baiba Bangerskis, two Malleys and Paul. Joint ownership, Gus Bangerskis said, means each party has a one-fourth interest in all of the parcel; none claims a specific piece of it.

Riga Road, formerly Fire Road 71, runs through this lot from Route 32 South to the lake, where several people have homes or seasonal homes. The lakeshore residents have a right-of-way over Riga Road to their properties; Bangerskis said neither Paul nor the other three landowners have a right of way.

Paul also owns and plans to build on the next parcel north, between Riga Road and Fire Road 70. Whether Riga Road touches that lot was part of the debate. Paul said it does; the appellants questioned the accuracy of the old survey on which Paul relied.

Bangerskis also said a deed clause that French cited in correspondence with the appellants was misinterpreted; it does not give Paul a right of way over Riga Road.

The appellants therefore argued that because Paul does not have a right of way over Riga Road, he cannot use it to access his property – they referred to use by trucks delivering lumber and cement trucks – and therefore should not have been granted a building permit.

His only access, they suggested, is by water, from the public landing on Three Mile Pond.

Aitel then asked French why he issued the permit.

French replied that he had no ground on which to deny it.

China’s ordinance does not require a building permit applicant to have road frontage, access or a street address. The requirements are a map and lot number and proof of right, title or interest; Paul provided them.

“How he actually gets to this parcel has nothing to do with me,” French said.

After Aitel gave the two parties a chance to question each other, he asked board members’ opinions. Agreement was quick and unanimous: French’s action was correct.

The access issue may be a problem for the landowner, Robert Fischer said, but it is irrelevant to the codes officer’s decision.

French “did what he is authorized to do,” Stephen Greene said. He suggested other issues between Paul and the appellants should be worked out among them or submitted to a court of law.

The vote on a motion that the codes officer acted correctly in issuing the building permit was 5-0-1, with Fischer, Greene, Michael Gee, Lisa Kane and Alan Pelletier voting yes and Aitel abstaining, as he habitually does when his vote is not essential.

Aitel reminded the appellants that they have the right to appeal the Board of Appeals decision to court.

by Mary Grow

China transfer station committee members voted at their March 7 meeting to recommend to the select board purchase of a utility vehicle for transfer station staff use.

The vote was unanimous, with two transfer station staffers and road foreman Shawn Reed abstaining to avoid any appearance of self-interest (although Reed said he doubts public works would need to borrow the machine).

Station attendants currently use a donated golf cart to move things to their proper disposal locations. Transfer station manager Tom Maraggio said the new vehicle will accommodate larger things, like discarded air conditioners and television sets.

The price for the recommended Polaris Ranger 500 is $10,699. Staffer Cheyenne Houle had two other bids on different models, one higher and one slightly lower.

The China transfer station offers a six-page hand-out describing what materials can be recycled (with a reminder that the list may change as markets for recyclables change) and what other discards are acceptable, free or for a fee, with an aerial photo labeled to show where different things go.

She and Maraggio recommended the Polaris as the only one offered with a roll cage and lights, and as probably the most durable of the choices. Town Manager Rebecca Hapgood said the transfer station capital expenditures fund has enough 2022-23 money left to cover the cost.

Hapgood said she would put the request on the agenda for the Monday, March 13, select board meeting.

Two other transfer station projects are pending, paving in two areas and putting a cover over the new compactor.

Houle had asked for price quotes on paving and gotten only one, so far. Reed is having the same problem as he tries to budget for road paving in the coming summer; he predicted that by the end of March, companies will have a better idea of per-ton paving costs and will be more willing to offer estimated prices.

Houle said she has no bids yet on a cover for the pre-crusher.

Two other topics at the March 7 meeting were using the RFID (radio frequency identification) system to get more information about transfer station use, and refiguring the fee charged Palermo residents for their trash bags.

Hapgood said too many non-residents are using the China transfer station, which is supported primarily by China residents’ property taxes. Some people borrow residents’ RFID tags; some move out of town, find that their new town’s disposal system is less convenient or more expensive and continue to bring trash to China.

Committee members discussed ways to make the RFID system more useful. Hapgood and committee chairman Paul Lucas think requiring annual renewals would be one way to help keep records up to date. Hapgood accepted Houle’s offer to explore additional uses with the company that runs the system.

The updated version of the agreement under which Palermo residents use China’s facility calls for a recalculation of the bag fee each spring, so it can be adjusted as costs change. Palermo representative Robert Kurek reviewed the process, which Hapgood said she has started.

Committee members scheduled their next meeting for 9 a.m. Tuesday, April 11, in the China town office meeting room.

by Mary Grow

China select board members spent the first hour and a half of their two-hour March 6 special meeting talking about the Board of Appeals Ordinance that they, planning board members, board of appeals members and other residents have been discussing since early January.

The result of their deliberations is a draft revised ordinance that they intend to present to voters at the June 13 town business meeting.

Board member Brent Chesley, whose initial amendments on Jan. 3 started the series of not always amicable public conversations, had divided proposed changes reacting to his proposed changes into three categories: those from town attorney Amanda Meader; those from the China planning board; and two from other sources.

[See related story: Planners vote unanimously to forward new version of appeals board ordinance, following another fight]

Attorney Meader’s recommendations were accepted unanimously and without discussion.

Planning board proposals were uniformly rejected, mostly with select board members Chesley, Blane Casey and chairman Wayne Chadwick opposing them and members Jeanne Marquis and Janet Preston favoring them.

A recommendation from an unnamed resident, supported by China Region Lakes Alliance executive director Scott Pierz, to have any variance that the Board of Appeals approves recorded in the county Registry of Deeds within 90 days was unanimously approved. (A variance is an exception to an ordinance requirement.)

Suggested language from the China Lake Association board of directors, via an email from vice-president Eric Lind, directing the Board of Appeals to make sure an approved variance would not harm nearby water bodies and authorizing the board to add conditions to a variance was rejected. Only Marquis and Preston voted to add it.

Board members asked Town Manager Rebecca Hapgood to have the ordinance in final form for planning board members to consider at their March 14 meeting.

There will be a public hearing on the proposed ordinance before it goes to voters, Chadwick told audience members. And, he said, on the June 13 town meeting warrant it will appear with a recommendation from the select board that voters approve it; he does not object to adding a recommendation from the planning board if that board chooses to make one.

The June 13 town business meeting will be by written ballot, Hapgood said; select board members so voted last fall.

The budget that select board members approved March 6 was slightly amended to incorporate their Feb. 27 decisions (see the March 2 issue of The Town Line, p. 2). It was to be forwarded to the budget committee for consideration at a March 7 meeting.

The next select board meeting is scheduled for 6:30 p.m. Monday, March 13.

Favor 6 percent pay increase for town workers in proposed budget

by Mary Grow

China select board members have scheduled a special meeting at 6:30 p.m. Monday, March 6, in the town office meeting room. They hope it will be a short one; the primary purposes are to finish – temporarily — talking about the Board of Appeals Ordinance and to make remaining preliminary recommendations on the 2023-24 municipal budget.

At the Feb. 27 select board meeting, planning board co-chairmen Toni Wall and James Wilkens said they thought the Board of Appeals Ordinance was in a final draft by Feb. 14, for the planning board to review at its Feb. 28 meeting (see The Town Line, Feb. 23, p. 2).

They learned, however, that after Wall finished and distributed to fellow board members the “final” version, town attorney Amanda Meader reviewed the draft again and more changes, mostly not substantive, were made.

“What copy are we supposed to look at tomorrow night?” Wall asked.

Town Manager Rebecca Hapgood said the latest version was not yet on the website because it had been finished earlier that day. It would be available the morning of Feb. 28, she said.

After 20 minutes’ discussion, there was agreement that planning board members would send Feb. 28 comments to the select board, and select board members would consider them March 6.

Due to the Feb. 28 snowstorm, the planning board discussion was rescheduled to March 2.

Select board members’ major project Feb. 27 was a detailed review of the draft FY 2023-24 town budget.

Hapgood does not yet have final, complete information on either costs or revenues. From preliminary information, she said the municipal budget will not affect the tax rate, but predicted a 2023-24 increase to cover the Kennebec County tax and the school budget.

Select board budget recommendations will be forwarded to the budget committee for review and recommendations. That committee’s recommendations will be reported back to the select board.

The June town business meeting warrant will present the budget articles, with the two committees’ recommendations (whether identical or different), for voters to accept or reject.

Three themes recurred through the Feb. 27 discussion: the labor market is highly competitive; the cost of everything from sunscreen to plow trucks has increased; and when something breaks down, getting parts or repairs is a slow process, if they are available at all. Spokespeople for town organizations added a fourth note: it is increasingly hard to get volunteers, so some work may need to be paid for if it is to continue.

The longest discussion was over town employees’ salaries. Hapgood proposed a 6.7 percent increase across the board, to retain employees in a competitive labor market.

Select board members seconded Hapgood’s praise of China’s employees, but were also concerned about taxpayers. At least one board member initially preferred 5 percent raises.

A vote on 6.7 percent was defeated, with Jeanne Marquis and Janet Preston in favor and Blane Casey, chairman Wayne Chadwick and Brent Chesley opposed.

Toward the end of the meeting board members returned to the topic, after reducing the budget line for the select board by $9,000 and, at Marquis’s suggestion, adding the $9,000 to employees’ salaries. They unanimously approved recommending a 6 percent increase.

Hapgood proposed a new part-time employee, a community program director who would coordinate and assist with activities including the weekly senior gatherings (“That group is having a blast,” she commented as she recommended increasing financial support from $1,000 this year to $1,500 next), outdoor recreation programs, Thurston Park, the school forest and the annual China Days celebration.

She proposed the person be paid $21,000, without benefits, for a 20-hour week. Hours would vary with the season, she explained. After debate, board members recommended $11,500 for an average 10-hour week “to see how it works,” as Preston said.

Hapgood also recommended a new full-time employee to be shared between the transfer station and the public works department; he or she would have a Class C driver’s license and be qualified to drive a plow truck, she said.

Thurston Park Committee chairman Jeanette Smith had submitted a budget request for $7,675, intending to add to it $6,000 left from the current year. In the written request, she warned that she might ask for more if unanticipated “significant expenditures” before June 30 used the $6,000.

She told select board members the Dec. 23 rainstorm did major damage to the park’s entrance road, her request for federal Emergency Management Agency (FEMA) funds was rejected and she needs the $6,000 – and could use more – for prompt road repairs.

Select board members recommended $13,675 for Thurston Park for FY 2023-24.

China Region Lakes Alliance (CRLA) executive director Scott Pierz explained the different programs and activities that organization and the China Lake Association (CLA) carry out. He mentioned successes, like the courtesy boat inspection program so far keeping invasive plants out of China Lake.

Pierz asked for $58,500 in town funds, partly because Tax Increment Financing (TIF) funds have been reduced.

Select board members discussed the monetary value of the lake – Preston and Marquis emphasized its importance in the town’s tax base, Chadwick said China should become more business-friendly to increase taxes.

After Preston’s motion to recommend $45,000 was defeated with only Marquis and Preston voting for it, Casey’s motion to recommend $35,500 was approved 4-1 with Marquis dissenting.

The rest of the proposed budget brought little or no discussion Feb. 27. There will be further deliberations at budget committee meetings, to be scheduled. These meetings will be publicized and are open to the public.

After the budget discussion, Preston raised another topic for the March 6 select board meeting: should China join the Kennebec Valley Council of Government’s program called Community Resilience Partnerships? There is no additional charge over the KVCOG dues already in the proposed budget ($7,213) and the program offers grants, including for heat pumps, she said.

Thomas Rumpf, budget committee chairman and Four Seasons Club president, thanked select board members for participating in what everyone agreed was a successful China Ice Days Feb. 17 through Feb. 19.

After the March 6 special meeting, China select board members have a regular meeting scheduled for Monday evening, March 13.