Game warden David Ross visits with eighth grade students at China Middle School to share about his career path and Safari in a Box, a traveling classroom full of native Maine wild animals pelts and skeletons. (photo courtesy of Ryan Sweeney)
From left to right, Director Ann Austin, Caley Pillow and John Burns. (Contributed photo)
The volunteers at the China Food Pantry show their thanks to all who generously donated to the annual United States Postal Service food drive.
The China Board of SelectmenAt the May 13, 2019, selectboard meeting, Palermo attorney Matt Evans appeared as spokesman on behalf of the three independently incorporated fire associations. Most recently, he confirmed to the town manager that he is representing them as their legal counsel. Mr. Evans and the fire associations are concerned that the $40,000 in volunteer stipend funds approved for the fiscal year 2019/2020 budget year will not be lawfully provided by the town. The selectboard made clear at the meeting that the funds will be provided, but they will be provided lawfully.
At issue is the interpretation of the laws governing the payment of volunteer stipends and whether the town can require the fire and rescue services provide how the volunteer stipends are calculated before funds are disbursed to them. Existing Maine law requires that the municipal treasurer “shall not” pay accounts or claims made against the municipality unless they are itemized. The law does not define “itemized”; therefore, it is up to the treasurer to determine what is a satisfactory definition of “itemized.”
When it was discovered by the town manager that the calculation of stipends was in violation of federal regulations and threatened the volunteer status of firefighters and rescue personnel, he informed the fire and rescue services chiefs and provided an analysis that showed the total amount that should have been paid out using the data supplied by the fire and rescue chiefs and following the federal regulations. That amount should have been less than $14,000 in total for all four organizations over the 18 months the data covered, but more than $63,000 was provided for the current and last fiscal years.
At the last town meeting voters approved to raise and/or appropriate another $40,000 for volunteer stipends, bringing the total now to $110,000. At that meeting a voter asked if the payment of the stipend amount budgeted would be a violation of law, and the town manager affirmed that it would not be a violation as long as the calculation of the stipends was done in accordance with federal and state laws and regulations.
Twice it was suggested by the China Village chief that requiring such calculation of volunteer stipends is unnecessary, since it is unlikely any enforcement action would be taken. It was mentioned by the South China chief at the town meeting that the fire associations do not have sufficient information with which to determine what the stipends should be, so the funds should just be given them and they will figure it out on their own. These remarks alone help to understand why we are requiring the fire and rescue associations, and any other organization that requests volunteer stipend funds (none others currently do) to provide the evidence for how those stipends are calculated.
The selectboard has consistently supported the fire and rescue services, and it was the selectboard that initiated the provision of stipends to acknowledge and encourage volunteer service. Having learned that the method of calculating stipends was being done incorrectly, we intend to see that it is done correctly and legally. The most important considerations for our position is to protect the volunteer status of firefighters and rescue personnel, and to ensure the public tax dollars entrusted to our care are lawfully spent.
See these related articles:
COMMUNITY COMMENTARY: “The way I see it” from a 60-year firefighter and former chief
Selectmen, fire chiefs engage in heated debate over town funding
China selectmen respond to fire chiefs’ letter
COMMUNITY COMMENTARY: An open letter to China residents from the town’s fire chiefs
2019 China town meeting: Selectmen, firemen get approval on stipend increases
China residents discuss the town’s comprehensive plan on Saturday at Erskine Academy. (photo by Eric Austin)
Approximately 25 residents of China gathered in the cafeteria at Erskine Academy on Saturday, May 18, to discuss the town’s comprehensive plan, which is formulated every ten years to help guide the direction of town policy. Town Manager Dennis Heath and Selectman Irene Belanger were also in attendance. The planning session was moderated by Joel Greenwood, from the Kennebec Valley Council of Governments.
The agenda for the public planning session included three topics of discussion: Water quality for China Lake and Three Mile Pond; Housing availability; and Growth, Land Use and Zoning.
Discussion began with an affirmation of the importance of China Lake to the economic health of the town. “I don’t have lake property,” said Mark Davis, a resident from the north end of town, “but I understand the value of the lake to the town, and the more we can do for water quality, the better it’s going to be [for the town].” Scott Pierz, president of the China Lake Association, agreed with this sentiment. “The lake is connected to all of us, in one way or another,” he said.
Joel Greenwood, from the Kennebec Valley Council of Governments, moderated the discussion. (photo by Eric Austin)
It was also mentioned that if water quality degrades, property values of lakefront homes will decrease, shifting more of the tax burden onto homeowners living away from the lake.
Bob O’Connor suggested that the town ban the use of gas boats on China Lake, and only allow boats with electric motors.
There was also discussion of the importance of finding a balance between creating policy to insure continued lake quality and placing burdensome and expensive requirements on home owners and new construction projects. Ron Morrell, pastor of China Baptist at the north end of the lake, pointed out that controlling phosphorous runoff into the lake increases the cost of construction and may prohibit some people from moving into the community.
It was reported that China Lake is currently experiencing the best water quality it has seen in 30 years, but this is mostly due to the dry weather and lack of severe storms in the past year.
There was some discussion of the proposed purchase of lakefront property next to the Four Seasons Club for public access to the lake, with some residents questioning whether it was a good investment, and whether a public beach would have a detrimental effect on water quality. Town Manager Heath said, “This is a target of opportunity to acquire the land. We know a plan [still] needs to be developed.” He went on to say, “I anticipate that it will be two or three years before we can actually do anything on that property. We need to take the time to develop a plan and get it before the people – because I am a believer in the public approving of what you do. So, we need to put something together, put it in front of people, and get them to agree to it.”
Tom Rumpf, president of the China Four Seasons Club, reminded everyone, “You are welcome, any time you want, to come down and check out our beach, and with a $25 membership, you can jump in the lake anytime you want.” He also reported that China is becoming known across the state for its excellently maintained trails, which have become popular for both snowmobilers and ATV enthusiasts from all over central Maine.
The discussion then moved to housing availability in China. Town Manager Heath spoke about the need for senior housing in the town. “China needs affordable senior housing,” he said. “It’s part of the China for a Lifetime Committee’s goals, and so we’re marching down that road. I anticipate that we will have some movement [on that soon].” Greenwood then asked whether those in attendance were in favor of the town pursuing an initiative to bring affordable senior housing to China. A majority of those present raised their hands in favor of the proposal.
Several residents expressed resistance to adding more Section 8 (subsidized) housing for low income people in China.
Selectman Irene Belanger spoke about the possibility of instituting a public water and septic system in China, and suggested that new developers may steer clear of development projects in towns which require the installation of a private well and septic for every property. Dennis Heath warned that such a public system would likely cost in excess of $35 million.
Following a short break, discussion shifted to the final topic of the planning session: Growth, Land Use and Zoning.
Some residents expressed the need for careful planning of new development and the desire to avoid “suburban sprawl.” A resident also brought up the online rental service, Airbnb, and the impact that it has had in other communities like Portland. Tod Detre, a member of the Broadband Committee, mentioned the situation in Toronto, Canada, where companies have bought up residential properties for the purpose of renting them through Airbnb, which has driven up property values to astronomical levels.
Several residents mentioned the importance of protecting the town’s farmers, at a time when many farms in Maine are closing down.
A number of residents expressed a desire to make new building requirements simple and straightforward. The group agreed that building codes should aim to be “quantifiable and measurable, with specific and easy to understand criteria.”
There was some discussion about where new development should take place, and it was agreed that careful planning should be done to decide the best placement of future residential and commercial construction projects.
Finally, the group considered the 2008 China Vision Statement, and it was generally agreed that it was still a good representation of town values, although a suggestion was made to add language to “encourage and facilitate volunteerism and community involvement.”
The Comprehensive Planning Committee will take the feedback gained from this public workshop to develop China’s Comprehensive Plan to present to voters next year at the town business meeting. The committee will meet monthly throughout the summer and fall. Anyone interested in participating on the planning committee should contact the town office at 445-2014.
Contact the author at ericwaustin@gmail.com.
The Ladd Dam in North Vassalboro. (Photo by Roland D. Hallee)
The Ladd Dam, in North Vassalboro, will soon have a technical fishway installed to allow alewives to move past it to their spawning ground. It’s not the final step in the overall project, but a critical one, and scheduled to start this summer following plans developed by the Department of Marine Resources, and US Fish and Wildlife Service, working with local engineers and dam owner Ray Breton. Maintaining the Ladd Dam impoundment will keep the swimming area, a favorite spot on hot summer days.
The work is an important step in the Alewife Restoration Initiative which will re-establish passage from the ocean to China Lake. The goal of the project is to restore an annual migratory run of 800,000 – 950,000 adult alewives (river herring). Two dams have been removed to date, the Masse and Lombard Dams. The Ladd, Box Mill and Outlet Dams will be fitted with technical fishways. The Ladd Dam is located just upstream from the Box Mill Dam. The work is part of a greater Kennebec restoration effort that dates back to the 1980s. It builds on the success at Benton where alewife numbers were estimated at just 400,000 in 2008, but jumped to a record 5.7 million last year.
In March, Town of China voters approved $25,000 to support fish passage work at the Outlet Dam which controls the China Lake water level but does not allow alewives to make their way into or safely out of the lake. Fish have been stocked in China Lake by the Department of Marine Resources and can be seen schooling in the lake in large numbers through the late summer and into the autumn. Some fish are able to make their way out of the lake but the remaining dams lack fish passage to ensure their survival as they make their way downstream to the ocean.
Voters from the Town of Vassalboro will be asked to support the project as well by approving the transfer of revenue received by the town from the current alewife harvest at Webber Pond to support the work at Outlet Stream.
Restoring alewife runs contributes to the health of the entire Gulf of Maine because alewives are forage fish for the larger species including cod, haddock, tuna, striped bass — and food for eagles, ospreys, otters, and raccoons.
The nonprofit organization Maine Rivers has been coordinating the project. Chuck Verrill, president of Maine Rivers, sees long-term value in river and stream restoration. “It’s our hope that this work will provide benefits to future generations who will grow up seeing the stream come alive with an annual migration of fish.” Locally, community members are hopeful that the restoration work will help improve the water quality of China Lake that has suffered from algae blooms. The historical presence of alewives was reconfirmed with the discovery of letters and documents in the Massachusetts Archives.
The restoration of alewives to China Lake has been a priority for the Maine Department of Marine Resources for many years, based on agency goals to restore historic runs of this native species. This past spring, the Department stocked 25,000 native alewives directly into China Lake to jump-start restoration efforts. “We know this kind of work takes long-term vision and great attention to detail over several seasons. We are pleased to see this progress,” said Patrick Keliher, Commissioner, Maine Department of Marine Resources.
The project relies on partnerships and is supported by the Sebasticook Regional Land Trust, the China Region Lakes Alliance, the China Lake Association, Maine Rivers, the U.S. Fish and Wildlife Service, Maine Department of Marine Resources and the Towns of China and Vassalboro.
Funding has come from sources including: Patagonia, Maine Outdoor Heritage Fund, The Nature Conservancy in Maine, MNRCP, Natural Resource Conservation Service, Davis Conservation Foundation, and the Elmina B. Sewall Foundation.
Sally Garand
Sally Garand has joined Bar Harbor Bank & Trust as Vice President, Community Banking Relationship Manager, working from the Bank’s office at 386 Route 3, in South China. Serving the Midcoast region from Rockland to Topsham, Sally builds relationships with local small business owners to help them be successful. She listens to their goals and responds quickly to their needs with suitable financial solutions.
Sally comes to Bar Harbor Bank & Trust with over 30 years of commercial lending experience having worked most recently as a Commercial Loan Officer at Finance Authority of Maine. She holds a bachelor’s degree from University of Maine, Orono. Sally is a graduate of Leadership Maine Psi Class. In the community she serves on the School Board at St. Michael School and is also a board member of the Maine Manufacturing Extension Partnership. Sally and her husband, Rick, live in Manchester, have two children in college, and enjoy spending weekends at their family home on the shore in Trenton.
China Village Volunteer Fire Department. (Internet photo)
China selectmen and fire chiefs went another round in their months-long disagreement at the May 13 selectmen’s meeting, with considerable shouting, many contradictions, some assigning of blame and eventually a partial clarification of positions, but no resolution.
Town meeting voters annually approve money for the fire departments for operations and, in recent years, stipends for volunteer firefighters. Payment of stipends to volunteers in nonprofit organizations is regulated by state and federal laws and rules. Firefighters and selectmen have argued since last fall over their respective roles in overseeing town funds, especially stipends, though at times the argument has seemed to cover all monies the departments have from any source for any purpose.
According to the discussions, stipend money has not been disbursed according to law in the past. Dennis Heath, China’s town manager for almost a year, wants it done legally.
Palermo attorney Matt Evans came to the May 13 meeting as the firefighters’ spokesman – not their lawyer, he emphasized, or he would have worn a suit and tie. He began by asking why the firefighters were not listed as a business item rather than under reports.
Town Clerk Becky Hapgood, filling in for Heath, said she had been told to list the firefighters under reports.
Evans said he was not going to report. Instead, he asked whether the board of selectmen intended to give the three fire departments the money town meeting voters approved for them on April 6.
Board Chairman Robert MacFarland answered yes, both operational funds and money for stipends, subject to state and federal regulations – and the fight was on, because the fire chiefs believe they can obey state and federal regulations without help from selectmen.
Evans’ next question, never specifically answered, was what documentation the fire departments need to provide along with their annual requests for town funds. He asked further, what are the state and federal guidelines and who interprets them?
“You’re making up nonsensical stuff and then you’re going to enforce it on them,” Evans charged.
Evans’ presence did not prevent chiefs Bill Van Wickler (Weeks Mills), Tim Theriault (China Village) and Dick Morse (South China) from speaking for themselves.
Their position is that they are entitled to oversee their own expenditures, and the selectmen do not need to review every transaction. Van Wickler said he had found and shared as an example the guidelines formula selectmen and firefighters agreed to some months ago, and “it’s our responsibility to use the formula.
“We have all the tools we need to do this right. Trust us,” he said.
Morse agreed: the departments, not the selectmen, are responsible for obeying the law. The selectmen’s responsibility is to hand over the money town voters approved.
Selectmen’s position is that because the money in question is the taxpayers’, their responsibility is to make sure it is spent appropriately.
Board member Ronald Breton summarized toward the end of the discussion: distribution of town funds “belongs to the board” and the town manager tells the selectmen what’s legal.
Theriault, who is a state representative as well as a local fire chief, said part of the problem is that the legislature “does a bad job of making laws.” Concerning volunteers’ stipends, legislators made a law that state officials refuse to enforce.
In a two-hour conversation with the head of the Department of Labor, he learned that administration of volunteer firefighters’ stipends is ignored, because state regulators value volunteers and won’t do something that might deter them from volunteering. Breton reminded Theriault that Town Manager and Town Treasurer Heath “sees it differently, as the guy who signs the checks.”
“So maybe we need somebody with a little more common sense,” Theriault replied, touching off a short discussion of the influence of the military where Heath worked and Oklahoma where he got his governmental experience.
Van Wickler raised a side issue: selectmen have faulted firefighters for not reporting at selectmen’s meetings, but, Van Wickler asked, why should non-employees join town employees in reporting every other week?
Board Chairman Robert MacFarland retorted, “Then why do you take town money?”
Theriault reminded him that the town is responsible for providing fire protection. Town officials’ options are to create a municipal fire department, contract with another town or contract with some other party, like local volunteer firefighters’ organizations.
After three-quarters of an hour’s discussion, selectmen turned to other business, including hearing employees’ reports:
By unanimous votes, the board:
Since the next regular selectmen’s meeting would fall on the Memorial Day holiday, Hapgood said it is rescheduled, probably to Tuesday evening, May 28.
See also:
COMMUNITY COMMENTARY: An open letter to China residents from the town’s fire chiefs
China selectmen respond to fire chiefs’ letter
COMMUNITY COMMENTARY: “The way I see it” from a 60-year firefighter and former chief
2019 China town meeting: Selectmen, firemen get approval on stipend increases
(photo credit: Erskine Academy)
The Kennebec Valley Council of Governments, in conjunction with the town of China, will be conducting a Comprehensive Plan public input session on Saturday, May 18, at Erskine Academy cafeteria, from 9 a.m. – 1 p.m.
The workshop, titled China’s 2040 Vision, will cover major topics to include water quality of China Lake and Three Mile Pond, housing, land use development and developing a 10-year vision.
Comprehensive Planning Committee spokesman Irene Belanger stated: “The purpose of the workshop is to get a wide variety of opinions and viewpoints about what is special about China and needs to be preserved, and what needs to change and improve in the years ahead. Everyone is welcome and encouraged to attend. The more citizens participation, the better the vision will be.”
Following some good work from the China for a Lifetime Committee, this is a key step in the updating of the comprehensive plan for the town of China. Belanger continued, “Come talk with your neighbors and help us shape the future for China.”
All China resident are invited and encouraged to attend.
Melissa Goude, left, and Krystina Foote with daughter Paisley, present a check for $228.89 to the China Community Food Pantry from the Trademark Federal Credit Union. (Photo courtesy of Ann Austin)
Vassalboro selectmen have signed a proclamation marking the week of May 5 through May 11 as Municipal Clerks Week, recognizing the work of town clerks and their deputies.
2019 is the 50th anniversary of the annual observance, according to the proclamation. The proclamation describes the office of clerk as “the oldest among public servants,” existing world-wide as a “vital part of local government.” Clerks are recognized as a neutral professional link between citizens and their government, local, state and national, and as “the information center on functions of local government and community.”