CHINA NEWS: Selectmen begin review of budget

by Mary Grow

China selectmen began review of the 2017-18 municipal budget request at their Jan. 23 meeting, but ran out of time to finish it. They plan to continue discussion at a workshop at the town office Saturday morning, Jan. 28, immediately after the special town meeting.
Voters at the Jan. 28 special town meeting will consider a moratorium on retail recreational marijuana businesses in town. The meeting is scheduled for 9 a.m. at China Primary School, behind the Middle School on Lakeview Drive. A quorum of 126 voters is needed to open the meeting.
The municipal budget will be presented to voters at the annual town business meeting, scheduled for Saturday morning, March 25, at China Middle School.

Jan. 23 budget issues featured a discussion with China Rescue Unit members about whether stipends would help the group get more members.

Selectmen also appointed a planning board member and approved a Dirigo Road junkyard permit.

Neil Farrington, chairman of the board of selectmen, invited China Rescue representatives to share their opinions on the value of stipends. David Herard and Thomas Alfieri said payment in some form might help, but would not necessarily solve the problem.

Rescue now has eight members, Herard said. Most of them have full-time jobs out of town. Despite the lack of available members, the unit responded to 305 calls in 2016, covering between 80 and 90 percent of call-outs, he said.

The men cited two main reasons for the shortage of members. Herard said unlike portrayals on television, rescue is “not an easy job” and can be “very unpleasant.” Both said young people are not interested in unpleasant service rewarded only by gratitude. “The kids today don’t have that ethic,” Alfieri said bluntly.

The job can be time-consuming. A local rescue member responding to a medical emergency might end up assisting Delta Ambulance personnel on the way to the hospital, and need to find a ride home; stand-by can take hours at a house fire, days at a search for a snowmobiler missing in China Lake.
Farrington suggested allocating funds to pay $100 per day for a Rescue Unit member to be on call for 24 hours. Selectmen made no decision.
There are two vacancies on the planning board, the alternate position from which Fred Montgomery resigned in December and the at-large position from which Frank Soares resigned this month. Selectmen considered four candidates for the alternate position and appointed Ralph Howe of Dirigo Road.
Howe described himself as a businessman who is “pro-business if it doesn’t affect neighbors.” He advocated loosening regulations on business in rural areas. With reference to the shoreland ordinance changes voters rejected in November, Howe said if a building is to be converted from a seasonal residence to year-round use it must have a septic system that will protect the nearby lake.

Selectmen voted unanimously not to appoint a replacement for Soares, but instead to add a special election to the warrant for the March 25 town business meeting. They asked Town Manager Daniel L’Heureux to advertise again for candidates.

The junkyard permit was granted to Timothy Coston in succession to Russell Coston for property at 281 Dirigo Road. Coston said he needs it primarily to finish cleaning up a section of the property. Selectmen approved a June 30 deadline to complete planned work.

Letters to the editor, Week of January 26, 2017

Hold reps accountable

To the editor:

In 2016, I ran for State Representative for House District #79 which contains China, Albion, Unity Plantation and most of Benton. The voters re-elected Representative Timothy Theriault. During my campaign, I told many voters that as a state employee of nearly 30 years, I know that government is broken. It is broken, in part, because of the public’s failure to hold elected and appointed officials accountable for their actions and inactions. As a citizen, taxpayer and voter, I believe it is time to hold our State Representative accountable.

During his campaign, Representative Theriault cited jobs, taxes, advocating for seniors and veterans, and protecting the Second Amendment as priorities. During this legislative session, he is sponsoring just five bills. They involve tree specialists, left hand turns at red traffic lights, game confiscated by IF&W, municipal accountability of funding for volunteer fire departments, and proposing funding for the “restoration” of China Lake. None of his five bills has much, if anything, to do with his campaign priorities.

The first three bills only have the titles available so their contents are not yet public. The fire department bill would repeal current statutory language about municipal funding of volunteer fire departments but would not provide any funding for them. The China Lake bill would “charge a fee to customers of the Kennebec Water District to be used to restore the quality of China Lake.” The bill contains no details about how he defines “restore”, how the lake would be “restored”, how much it would cost, how long the fee would be assessed, who would collect and spend it, why it would be paid by the customers of KWD, how long it would take to “restore” the lake, who would “restore” it and who would be held responsible for its “restoration.”
I’ve asked several questions about this bill to Representative Theriault and have yet to receive a reply. The public hearing on the bill (L.D. 55 “An Act To Provide Funding for the Restoration of China Lake”) will be heard by the Committee on Energy, Utilities and Technology at 1 p.m. on Tuesday, January 31, in Room 211 of the Cross Office Building. Perhaps Representative Theriault will provide the answers to these questions when he presents the bill at the hearing.

I encourage all voters to hold their elected representatives accountable. I recommend that you communicate with them via email or letter and insist that they also respond in writing. The public can rely on few politicians to provide us with a complete picture of their actions and inactions. Most tell and show us what they want us to believe. To track the status of these and all other bills, go to the Maine legislature website at www.mainelegislature.org/legis/bills/bills_128th/billtexts/.

John Glowa
South China

Response to KWD regarding alewives

To the editor:

Thank you to the Kennebec Water District (KWD) for their thoughtful Community Commentary. We agree that care should be taken not to overstate the case for water quality improvement resulting from alewife reintroduction. KWD’s phrasing strikes us as most appropriate: “it is hoped that the alewife reintroduction will be a contributor to water quality improvements in China Lake.” Scientific evidence does not yet prove conclusively that reintroduction of alewives into China Lake will improve water quality, and certainly we know that alewife reintroduction on its own will not be enough. But we feel it is reasonable to hope that alewives, over time, will contribute to improved water quality, as long as other significant actions continue to be taken. Such actions include continued annual flushing, reduction of sediment runoff, and reduction of fertilizer, septic and animal waste runoff into the lake. We encourage people concerned about China Lake and Outlet Stream to move forward with a clear-eyed view of what is needed to restore ecosystems that have become so far out of balance. Alewife restoration is just one of many ways that we can improve these ecosystems. All agree, as KWD says, that alewives will help to improve the ecosystem in China Lake, including a more robust food chain. We expect these improvements to help sport fish in the lake, as well as birds and animals that make their homes on the shore. We look forward to the restoration of alewives to China Lake, and to the many ecological benefits that we know for certain will result. We hope that water quality improvements will, over time, prove to be among them.

Matt Streeter
Project Manager
Alewife Restoration Initiative

China News: Planners table events center application; land use ordinance

by Mary Grow

China Planning Board members tabled both substantive items on their Jan. 10 agenda, including Parris and Catherine Varney’s application to rent out their barn at 701 Neck Road for weddings and similar events.

The Varneys initially applied at the board’s Sept. 27, 2016, meeting. After an Oct. 11 public hearing and discussion, the board denied the application on Oct. 25. The Varneys appealed to the China Board of Appeals.

On Dec. 15, the Board of Appeals ruled unanimously that the planning board had failed “to meet the requirements of the [Land Use] ordinance due to the lack of proper findings of fact and conclusions of law.” The board of appeals sent the Varneys’ application back to the planning board.

The application was therefore on the Jan. 10 planning board agenda. However, on Jan. 10 a group of Neck Road residents filed an appeal of the Board of Appeals decision in Kennebec County Superior Court in Augusta.

The appeal alleges that the China Board of Appeals’ decision “was in violation of constitutional or statutory provisions, made upon unlawful procedure, affected by error of law, unsupported by substantial evidence on the whole record, and arbitrary or capricious or characterized by abuse of discretion, causing prejudice to Plaintiffs [the Neck Road residents].”

Further, the appeal claims the board of appeals ruling was incorrect, and the board of appeals exceeded its jurisdiction under the town ordinance.

In light of the reference to Superior Court, all three attorneys attending the Jan. 10 planning board meeting – Mathew Manahan representing the Neck Road residents, Matthew Evans representing the Varneys and Alton Stevens representing the Town of China – had asked that the board postpone action.

Acting board Chairman Milton Dudley objected to the delay. He said the board has a responsibility to deal with matters brought before it, and should not necessarily be guided by attorneys’ wishes, even the town’s attorney.

Toni Wall and Tom Miragliuolo disagreed, and the motion to table until after the Superior Court decision was approved on a 2-1 vote.
Stevens said afterward he expects the court to take at least two months to act.

About three dozen residents, mostly from Neck Road, came to the meeting. Dudley warned them at the beginning, before the vote to put off action, that they would not be invited to speak. “There will be no opportunity for public comment during this discussion,” he said.

The other agenda item was review of Land Use Ordinance amendments that were rejected by voters on Nov. 8. The three board members present agreed unanimously to postpone the discussion until Chairman Jim Wilkens and Vice-Chairman Frank Soares are present.

Sandra Kostron, one of three residents who stayed for that issue, said she believes voters rejected the proposed changes because they lacked information. She said town officials should not rely on The Town Line newspaper to publicize important public events like referendum votes, but should send individual first-class letters, “even though it’s my money” that would help pay for such mailings.

The next China Planning Board meeting is scheduled for Tuesday evening, Jan. 24.

With the local marijuana referendum behind them – voters on Jan. 9 approved banning commercial non-medical marijuana businesses in town – and 2017-18 budget work not beginning until February, Vassalboro selectmen had a short and routine meeting Jan. 12.

Town Manager Mary Sabins has not forgotten the discussion of speeding through East Vassalboro on Route 32. She showed selectmen a solar assisted battery light borrowed from the state Department of Transportation and proposed buying two to go atop new warning signs at each end of the village.

Total cost for two lights and two signs would be less than $500, and, Sabins said, if the lights proved ineffective or annoying to neighbors, the town public works crew could use them to warn of construction work, downed trees and other temporary issues.

Selectmen unanimously approved. Because of Dig Safe requirements and frozen ground, the new warnings might not be installed until spring.

Board members renewed the agreement with Kennebec Water District for management of the China Lake Outlet Dam and approved a slightly revised contract with the town assessors and a minor revision to the town personnel policy.

They approved reports from Sabins on town finances; Road Commissioner Eugene Field, listing a lot of overtime plowing and sanding; new Police Chief Mark Brown; and the Vassalboro First Responders.

The First Responders’ report included concern about the high price of EpiPens, a tool members like to carry with them for immediate treatment of allergic reactions and similar conditions. They fear they will have to limit themselves to keeping an EpiPen in each Vassalboro fire station.

The next regular selectmen’s meeting is scheduled for Thursday evening, Jan. 26. Board members adjusted their February schedule to avoid meeting during school vacation week; at this point, they plan a meeting Thursday evening, Feb. 9; a budget workshop Monday afternoon, Feb. 13; and a meeting Thursday afternoon, March 2.

Robert Dowe honored for many years of service to China area

Robert C. Dowe, of China, after receiving a plaque recognizing his many contributions to the town of China. Photo by Julie Finley

On Christmas Eve 2016, Robert Dowe, of China, received a most unusual Christmas gift. Through the corroboration of three China organizations, Boynton-Webber American Legion Post #179, The South China Volunteer Fire Department, and Dirigo Masonic Lodge #104, he was presented with a plaque in appreciation for the many years of service he gave to the organizations and the town.

On the plaque, presented to him by Sheldon Goodine, along with Neil Farrington, from the American Legion, Chief Richard Morse, of the fire department, and Don Pratt, of the Masons, it states: “In appreciation of your many years of service and sharing of your wealth of knowledge and talents to so many people. You are truly an America Hero.”

Messages from the different organizations on the plaque:

American Legion: Thank you Comrade Bob Dowe for your service and dedication to our country, from the officers and members of Boynton-Webber American Legion Post #179.

Fire Department: Thank you Engineer Bob Dowe for your dedication to protect the lives and property in our community, from the officers and members of the South China Volunteer Fire Department.

Dirigo Masons: Thank you brother Bob Dowe for your love and commitment to the betterment of all mankind, from the officers and
members of the Dirigo Masonic Lodge #104.

 

Vassalboro News: School board reaffirms existing policies

by Mary Grow

Vassalboro School Board members reaffirmed a list of existing policies at their Dec. 20 meeting, unanimously and without discussion.

Perhaps of most interest to town taxpayers is the policy entitled “Bidding/Purchasing Requirements,” which specifies when school officials must seek bids to buy things or have work done.

According to the policy, the school board expects all purchases to be “consistent with applicable laws and sound business practices.” The Superintendent of AOS (Alternative Organizational Structure) #92 is responsible for developing appropriate bidding and purchasing procedures.

The policy’s main provisions say that:

  • Under state law, the school board must seek bids for “property and casualty insurance; school bus and transportation contracts in excess of $4,000; school building construction, alterations and repairs over $100,000; and bond anticipation notes for state-subsidized school construction projects.”
  • In areas not required by law, the policy is “to competitively bid purchases of equipment, supplies, materials or services over $20,000 provided that it is practical and cost-effective to specify the materials or services with sufficient particularity to allow meaningful comparison of bids.”
  • Otherwise, the superintendent is authorized to seek RFPs (requests for proposals) for purchases over $20,000, letting prospective vendors define how they will meet the school’s need.
  • The superintendent may omit both competitive bidding and an RFP only with school board approval.
  • Bids, but not RFPs, must be opened in public. Generally, the school board is to award contracts to “the lowest bidder which the superintendent and school board deem can satisfactorily fulfill the contract.” RFPs “are to be evaluated based on criteria appropriate for the project,” and the contract is to go to “the vendor whom the superintendent and school board deem best able to meet the requirements of the school unit.”

Other policies cover animals in classrooms, service animals in school and services for home-schooled students, among other topics. Policies, and a great deal of other information, are available on the AOS 92 web site under the heading “Our District.”

In other business Dec. 20, school board members accepted Libby Mitchell’s resignation from the board, with regret and appreciation for her services, because her Nov. 8 election as Kennebec County Probate Judge creates the potential for conflict of interest. Former school board member and state Representative Lori Fowle was appointed to take Mitchell’s place until June elections.

Board members approved two new staff members at Vassalboro Community School, Educational Technician I Kyle Irvine and secretary Alison Lessard.

The next Vassalboro School Board meeting is scheduled for Tuesday evening, Jan. 17.

China News: Selectmen call for special town meeting on marijuana moratorium

by Mary Grow

China selectmen decided at their Dec. 29 meeting they should call a special town meeting to see if residents want a moratorium on recreational marijuana activities in town, instead of waiting until the town business meeting late in March to ask for voter action.

Earlier in the month board members were ready to put off action to respond to the Nov. 8 state-wide legalization of recreational marijuana production and use. They assumed no China resident could get licensed to grow or sell marijuana commercially or operate a marijuana club until late 2017 at the earliest.

At the Dec. 29 meeting, however, consensus developed that a town resident could apply for and perhaps receive a local license before state regulations are in place, although the hypothetical businessperson could not open the business without a state license.

Since there are no current town regulations applying specifically to commercial marijuana operations, selectmen voted unanimously to ask voters at a special town meeting to approve a 180-day moratorium to give time to develop regulations.

Then they directed Town Manager Daniel L’Heureux to schedule the meeting at the earliest possible date, allowing time for publicity. A special town meeting cannot be held without a quorum; the number of voters to constitute a quorum will not be known until after Jan. 3, according to the Quorum Ordinance on the town web site.

The ordinance says: “A number equal to four percent of the residents registered to vote as of the first business day of January in the year in which the meeting is held shall constitute a quorum.”

Milton Dudley, the only planning board member who accepted the selectmen’s invitation to participate in the discussion of a possible local ordinance, suggested a public hearing to see if voters want to take any action before investing in the special town meeting. Selectmen thought it unnecessary, pointing out that public hearings seldom draw a large attendance.

Other topics at the Dec. 29 meeting included plans for the 2018 bicentennial of the incorporation of the Town of China and the planning board’s reconsideration of a controversial Neck Road application.

L’Heureux said there has been no response to advertisements for a bicentennial coordinator, leaving Selectman Neil Farrington the de facto head of the project.
Farrington said he and resident Tom Parent are working with the digitized version of the China Bicentennial History, published in 1975 to commemorate the 200th anniversary of the settlement of the area around China Lake and updated in 1984.

The manager said there are two applicants for the vacant at-large seat on the planning board, including Neck Road resident Tom Michaud. Selectmen would like to appoint a planning board member at their Jan. 9 meeting so he or she could attend the Jan. 10 planning board meeting.

A major item on the Jan. 10 agenda is likely to be Parris and Catherine Varney’s application for commercial use of their barn on Neck Road, sent back to the planning board by the board of appeals.

Michaud has said that his area should be represented, because Jim Wilkens, the district representative and board chairman, is a neighbor of the Varneys and therefore is recusing himself to avoid conflict of interest. Selectman Joann Austin asked if Michaud, too, would be obliged to recuse himself from the Varney case if he were appointed. L’Heureux said he would get an answer to her question by Jan. 9.

Marie Michaud reminded selectmen of the petition she submitted in November asking them to declare a six-month moratorium on new commercial development to give time to reconstitute the Comprehensive Plan Implementation Committee “in order to establish Land Use Districts in accordance with the goals and provisions set forth and prescribed by the China Comprehensive Plan,” adopted in 2008.

Selectmen voted Nov. 14 to reconstitute the committee, and board member Irene Belanger has been getting in touch with former members to see if they want to serve again. Michaud reminded the board of the moratorium, which they did not impose, and asked for a legal opinion on whether they can ignore part of the petition.

Board Chairman Farrington and member Ron Breton said the petition should go to the March town business meeting, doubting the selectboard’s authority to enforce it.

China News: Planning board directed to review Varneys’ request

by Mary Grow

The China Board of Appeals has unanimously directed the planning board to redo its review of Parris and Catherine Varney’s application for commercial use of their Neck Road barn.

After the planning board rejected the application on October 25, on the ground that the Varneys failed to prove they could meet one of the 15 criteria for a commercial project in China’s ordinance, the Varneys filed an administrative appeal.

The main ground for the planning board decision, as reported to the Varneys in Codes Officer Paul Mitnik’s letter formally denying the application, was that the Varneys failed to meet the fifth criterion on the list. It requires applicants to prove projects will not disturb neighbors’ peaceful enjoyment of their properties “as a result of noise, vibrations, fumes, odor, dust, glare or other cause.”

The Varneys want to rent the barn out for weddings and similar celebrations, with music that they said would be entirely in the building.

Neighbors have argued that noise, traffic, headlights, consumption of alcohol, loss of privacy and other aspects of the project would be disturbing.

The Board of Appeals, Chairman Spencer Aitel said as he opened the Dec. 15 hearing, was not rehearing the application, but reviewing the planning board’s action to determine whether its decision had been reached correctly under the town ordinance. Matt Evans, the Varneys’ attorney, argued that the planning board failed to follow proper procedure in four respects, making its decision invalid.

First, he said, the planning board did not present the written findings of fact or conclusions of law required to support its decisions on each of the 15 criteria.

Second, planning board member Jim Wilkens’ participation tainted the procedure, since Wilkens is a neighbor of the Varneys, and his wife and son testified against the application. (Wilkens participated in discussion, but not voting, in initial planning board reviews of the application and removed himself physically from the board on Oct. 25.)

Third, Evans said, the Varneys presented a sound study that showed noise from music in the barn, with the doors closed, would be barely louder than normal background noise at the boundaries of their property, and the planning board heard no evidence to rebut the study.

Fourth, Evans thinks China’s ordinance lacks objective standards for deciding whether requirements are met, and therefore “appears to be arbitrary and capricious” and of doubtful validity under state law.

Testimony and discussion at the board of appeals focused on Evans’ first point and specifically on the noise issue. Neck Road resident John Deasy claimed that after the noise study was presented at the Oct. 11 public hearing on the Varneys’ application, neighbors were not given a chance to question or rebut it. The planning board record provides limited information on the qualifications of the sound engineer who did the study.

Board of Appeals member Virginia Davis said the record the board of appeals received did not clearly indicate whether the planning board allowed written testimony to be submitted for a specified time after the public hearing, as is common procedure. She believes interested parties should have been allowed to comment on testimony received at the hearing.

Davis was more concerned about the lack of written findings of fact, especially but not exclusively in relation to the fifth criterion. Written findings are required by local ordinance and state law, she said.

Her motion that the application be sent back to the planning board to make the required findings related to noise and the rest of the fifth criterion was unanimously approved. Davis added a request that planning board members do the same for the other 14 criteria, so that the board of appeals will not have to meet again.

Christmas vacation activities released for China School’s Forest

All programs will begin at the China Primary School bus circle. Programs will be outside. Come dressed for the weather.

All activities are free, but donations for future programming will be accepted. Children must be accompanied by an adult.

FMI, contact Anita Smith at chinaschoolsforest@gmail.com or message us on the China School’s Forest – China, Maine facebook page. In the event of snow, announcements will be made on the school forest facebook page or you may call 986-2255.

Thursday, Dec 29: New Moon Hike and Star Gazing Family Activity 6:30 – 7:30 p.m. Come for a fun evening of star gazing, making night animal sounds, and maybe even a round of flashlight tag in the forest.

Friday, Dec 30: Bird Feeders 1 – 3 p.m. They will create a variety of bird feeders, popcorn garlands and other fun treats for our feathered friends and then hang them outside in the forest as we take a walk in the woods. On the walk, they will do some animal tracking if there is snow.

Saturday, Dec 31: Family Scavenger Hunt 1 – 3 p.m. Join them on a family scavenger hunt for various objects in the school forest. They will provide a list of items and a map of the forest. Families will search for the items and then join together at the CPS Pavilion for sharing discoveries and prizes.

Girl Scouts bake pies for dinner

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The Arnold Trail Girl Scouts gathered on November 22 to  bake 188 pies for the Messalonskee High School Thanksgiving dinner.  The troop donated all the supplies to make the pies. Approximately 1,000 people attended the dinner. The following troops were represented: #1783 Belgrade, #2204 China, #9, #15 and #906 Oakland, #375, #376, #1523, #1776 and #1785 Sidney, #2044 Vassalboro, and #1254 and #1557 Waterville.

Contributed photo

China police log November 1 – 28 2016

November 1 – 28 2016

Friday November 4

1630      Business Check Lakeview Drive
1702       Traffic Stop Lakeview Drive
1722       Business Check Main Street China Village
1825       Traffic Stop Lakeview Drive
1850       Traffic Stop Neck Road
1922        Traffic Stop Neck Road
1936        Traffic Stop Lakeview Drive
2000       Business Check Rt. 3
2010       Business Check Rt. 3
2025       Business Check Rt. 3

Friday November 17

1330       Assist Code Enforcement Rt. 3
1430       Assist Search Warrant Weeks Mills Road
1512        Assist MDEA with Traffic Stop
1555       Criminal Mischief Complaint Thurston Park
1615        Business Check Lakeview Drive
1640       Traffic Stop Village Road, S. China
1700       Business Check Rt. 3
1715        Business Check Rt. 3
1735        Stolen Vehicle Complaint Dirigo Road
1745        Domestic Disturbance Dirigo Road
1810       Business Check Windsor Road
1857       Traffic Stop Rt. 3
1915       Assist KSO with Criminal Speed Lakeview Drive

Saturday November 26

1210        Business Check Lakeview Drive
1215         Business Check Causeway Road
1330       Animal Complaint Hanson Road
1355        Traffic Stop Pleasant View Ridge Road
1500       Traffic Stop Windsor Road
1545        Business Check Rt. 3
1622       Residence Check Requested Old Waterville Road
1700       Business Check Lakeview Drive