China planners approve extension on solar permit

by Mary Grow

At their May 11 meeting China Planning Board members approved a one-year extension of SunRaise Investments’ permit for a solar development on Route 3.

At their April 27 meeting, SunRaise representatives explained delays in starting construction as due to factors outside their control. Planners postponed action in case neighbors wanted to comment; on May 11 they approved the extension promptly and unanimously.

SunRaise representatives said in April construction might start late in 2021 or early in 2022.

Planners spent most of the rest of the meeting continuing to wordsmith their proposed ordinance to regulate solar developments. They also agreed tentatively to take on another project, revising the China Land Use Ordinance to conform to state requirements.

Revisions to the Solar Energy Systems Ordinance are by now primarily for clarity and for consistency with older town ordinances, rather than for content. Board members intend to continue working on it at their May 25 meeting.

China received a May 10 letter from the Maine Department of Environmental Protection (DEP) saying China’s April 6, 2019, revision of the Land Use Ordinance has been conditionally accepted. Conditional acceptance means, Codes Officer Jaime Hanson said, that the 2019 update is not yet enforceable; from DEP’s perspective, the 2017 version remains in effect.

DEP has asked mostly for two types of revisions to bring the town ordinance into compliance with state regulations, Hanson said. One set of changes involves definitions: DEP has changed some of theirs, and expects municipalities to match the changes.

Other DEP objections point to places where China rules differ from state rules. Board members discussed one example, the provision in China’s ordinance that says for purposes of calculating lot coverage (the percentage of a lot covered by impervious surfaces), driveways and parking lots do not count.

This exemption makes China’s ordinance less restrictive than state regulations, which do include these areas. Board members agreed that municipalities are not allowed to have regulations that are less strict than the state’s.

Board Chairman Randall Downer asked that the DEP letter be made public so residents can see reasons for changes the local board proposes. It is now on the town website, www.chinagov.org, under Planning Board, with the title “DEP Department Order #07-2021 Ordinance Approval.”

The draft Solar Energy Systems Ordinance is directly under the DEP order.

The next regular China Planning Board meeting is scheduled for 6:30 p.m. Tuesday, May 25. Barring unfortunate pandemic-related developments, it will be in person in the former portable classroom behind the town office.

CBC decision makes it easier for consultants to prepare costs

by Mary Grow

At their May 13 meeting, China Broadband Committee (CBC) members unanimously approved one piece of the outline of their proposed China Community Broadband Project, making it easier for their consultants to prepare cost scenarios.

The program they intend to offer will have three tiers, or service levels, providing different capacities at different prices, plus a fourth, higher tier committee member Neil Farrington named “the Tod tier” in honor of self-described geek and committee member Tod Detre. Detre admits he will want more capacity than most other users in town.

Consultants Mark Van Loan and John Dougherty, of Mission Broadband, and Mark Ouellette, President of Machias-based Axiom Technologies, the planned service provider, can use the framework to work out cost-sharing alternatives.

As at prior meetings, committee members and consultants described two broad cost categories, construction and on-going service. The plan is that the town of China will issue a bond to cover construction costs, and will own the network. User fees will cover bond repayment, plus service provided by Axiom (or in the future perhaps another company, if the network owner so decides), plus a reasonable profit for Axiom.

The May 13 discussion included the per-house connection to the network, estimated to average $1,300. Committee members considered asking householders to pay some or all of the fee; no decision was made.

Construction costs are currently estimated in the $8 to $9 million range. But, Van Loan and Ouellette agreed, any construction company will estimate for maximum conceivable needs; once its representatives survey the situation, costs are likely to come down.

Ouellette has dealt with another Maine town whose officials used taxes to fund construction. CBC members do not want to propose a tax increase.

Another issue is different rates for seasonal residents, which can be managed in multiple ways.

User fees, at least initially, will depend to a great extent on the “take rate,” how many people sign up for the new service and share the costs. Committee members talked briefly, again, about ways to provide information to residents.

Funding from grants is another possibility not yet either guaranteed or ruled out. CBC Chairman Robert O’Connor is working on a federal grant application, and got suggestions from Van Loan and Ouellette.

Ouellette said Axiom was approved for a federal subsidy program through the Federal Communications Commission a few hours before the China meeting; “I have no idea how it’s going to work.”

Ouellette said in his experience, in a town like China with established internet service providers, up to 40 percent of householders are likely to try Axiom promptly, with 70 percent choosing the lowest of the tiers. He has repeatedly said that once people see how fast and reliable Axiom’s service is, his customer base grows.

Van Loan and Ouellette offered to have updated information, based on a three-tier plus the “Tod tier” system, available within a week for committee members to review before their next meeting, scheduled for 4:30 p.m. Wednesday, May 26.

The CBC is likely to continue to meet earlier than its previous 7 p.m., though not always as early as 4:30 p.m., to accommodate Ouellette, who explained he has family obligations in mid-evening.

China committee gets update from Fiberight

by Mary Grow

China Transfer Station Committee members focused on various forms of recycling at their May 11 meeting, talking about China’s Free for the Taking building; regional hazardous waste disposal and alternatives; and additional recycling possibilities.

They also got an update on plans to reopen the Fiberight disposal facility in Hampden from Michael Carroll, executive director of the Municipal Review Committee (MRC). MRC consists of representatives from Maine municipalities that contracted to bring waste to the Fiberight facility, which closed a year ago. The committee owns the land on which the facility stands, has contracted to supply waste and is named on the waste permit, Carroll said.

The building in which Fiberight intended to process waste, until the company ran out of funds, is owned by bond-holders, Carroll said. Fiberight did the “configuring and dial-setting” for the process that separates and reuses recyclables; the components are off the shelf and can be used and replaced as needed by a successor.

MRC plans to have Pennsylvania-based Delta Thermo Energy (DTE) reopen the plant. Restart date remains undetermined. Meanwhile, most of China’s mixed waste is being landfilled in Norridgewock, to the dismay of local environmentalists.

China Committee Chairman Larry Sikora questioned whether DTE was the best buyer for the closed plant.

Carroll said the MRC didn’t have a choice: two other potentially interested parties dropped out. To Sikora’s questions about how thoroughly DTE had been vetted. Carroll replied, “We did our due diligence.”

DTE has experience with other waste facilities, has more capital than Fiberight started with, is inheriting a building and equipment and when the transfer is final will get rights and operating manuals from the bondholders. The company’s lack of experience with the Fiberight process is not a unique problem, Carroll said, because the process is new; no one has experience with it.

Fiberight “has kind of disappeared on us,” he added. The MRC has been “keeping boots on the ground” to maintain the facility.

Proposed changes in the contract between the plant operator and MRC include giving DTE the option to buy the land, which Carroll said the company is unlikely to exercise for at least two years; and “resetting the clock” so the building lease and the waste supply agreement, now more than a year old, will start over as 15-year arrangements.

After Carroll zoomed out of the meeting, committee members turned to the selectboard’s decision not to participate in the annual hazardous waste disposal day, in Winslow, this year. Winslow charges other towns, and in recent years too few China and Palermo residents have disposed of hazardous waste to justify the cost, selectmen said.

Both the selectmen and the Transfer Station Committee members discussed ways to inform residents about alternative legal disposal places (which probably charge fees), so hazardous wastes will not be combined with mixed waste or dumped into the environment.

Sikora raised the desirability of recycling all batteries, not just big ones. Committee members Ashley Farrington and Karen Hatch think providing separate boxes for small batteries is feasible; they will look into options.

Town Manager Becky Hapgood would like to see the Free for the Taking building reopen in June, but protective measures need to be in place first. She and committee members talked about ways to limit the number of people in and around the building and to limit donations.

Hatch, who manages the building, said sometimes so much is dropped off she can’t get in the door until she rearranges things. She proposed no longer accepting clothing, because, she said, people looking through clothing spend more time inside.

Farrington suggested limiting hours, to provide time to sort items without customers; or charging a deposit that people could get back only by reclaiming items no one else had taken.

Sikora approved Hapgood’s idea that she, Farrington, Hatch and Transfer Station Manager Ronald Marois become a subcommittee to propose procedures.

Farrington has already taken on the project of analyzing information from the Radio Frequency Identification system to detect usage patterns, busy and slack times and other useful factors. Palermo resident Chris Diesch, attending at the invitation of Palermo committee member Robert Kurek, volunteered to help; her offer was accepted with enthusiasm.

The RFID system does not identify users by name. It can record how many times the same person comes in, but not who the person is.

The next regular Transfer Station Committee meeting would have fallen on election day, so members tentatively rescheduled it to 8:30 a.m. Wednesday, June 9.

Controversy over China Police Department heats up

The following is a reprint of a letter sent to the Morning Sentinel writer Greg Levinsky, from China Police Chief Craig Johnson, provided to The Town Line by Chief Johnson.

Dear Greg:

China town manager’s April 30 letter on China policing.

I find the matter discouraging and dispiriting. However, I do not want this issue to seem like or turn into a political matter. The China Police Department is currently allotted up to 26 hours of coverage a week. The China Police Department is a part-time agency. We have a total of five officers, each of which are certified by the Maine Criminal Justice Academy as full-time law enforcement officers and each one is a law enforcement veteran. Two of our officers are Advisors to the Chief (Chief Michael Tracy and Sgt. Jerry Haynes of the Oakland Police Department). Our law enforcement training is continuous and up to date. The understanding between the department and the town is that we will cover as many hours as possible each week up to 26 hours.

In January of 2021 I received an email from the town manager and learned that she was asked to look into the cost of 40 hours a week coverage from the sheriff’s department. I also learned the town already had an initial meeting with Sheriff Mason. Although, I was told that no final decision had been made, however, there were three options:

  1. Keep China Police Department as it is;
  2. Add a 40-hour chief and keep part-time hours;
  3. Disband and hire KSO for 40 hours a week.

After receiving this email I became concerned about hiring anymore officers to provide more coverage up to the allotted 26 hours. I didn’t and don’t feel it would be appropriate to hire more officers with the departments existence being in jeopardy. It wouldn’t be fair to the officers or the taxpayers, should we have to disband.

Chief Johnson’s response was:

I believe the Town of China, its residents and its police officers have quite a vested interest in the China Police Department. I have personally devoted a great deal of time and effort into updating equipment, updating the Standard Operating Procedures, establishing China P.D.’s own IMC reporting system and doing police work for China, all while representing the town. Also, I speak with people / residents all of the time whom are glad to see that China has its own police department. Additionally the C.P.D. 2021 / 2022 budget proposal provides up to 66 hours a week coverage.

This past week I received a letter dated April 30, 2021, from the town manager, which is attached.

Town manager explains proposed police budget for 2021-22

China town manager Rebecca Hapgood. (photo by Eric W. Austin)

by Rebecca J. Hapgood
Town Manager
Town of China, Maine

The Select Board in conjunction with the town manager spent many meetings over three months reviewing the options for police services for China. All meetings were open to the public. The prior town manager proposed in the prior fiscal year to grow the part-time police force to a full-time department with one 40-hour a week officer and several part-time officers filling the 26 hour a week part-time role.

“We are not defunding the police. There is no ill will and no dislike or distrust of our police. Our officers are an asset to our community when they are available.”
– Rebecca Hapgood, China Town Manager

Both the Select Board and the current town manager reviewed this option as presented in January of 2021 by China Police Chief Johnson. We also asked Chief Johnson for a budget for only a 40-hour a week position. Additionally, we spoke with the Kennebec Sheriff’s Office (KSO) to explore costs on contracting for one full-time 40-hour a week deputy who would work the hours and days we wanted above what is already provided in our county taxes.

The original presentation to the Select Board included this option, because it was less than the cost presented by Chief Johnson. After additional information was presented by KSO like the costs the town would assume to “buy out” an officer from another department to fill this role, I opted to change course. I researched the option of providing police services by KSO at an hourly cost.

Currently, our police budget provides 26 hours of coverage from our three part-time officers. Each of these officers have other full-time employment and only work for China after their regular jobs. Often, there are matters for which we would like coverage during the day. From July 2020 to April 2021, the three officers have worked a combined average of 22.81 hours each month not including the last two weeks which totaled 3.13 hours of service out of the 52 budgeted hours of service.

We are not defunding the police. There is no ill will and no dislike or distrust of our police. Our officers are an asset to our community when they are available. Our goal is to provide the community with the coverage it demands.

The Select Board thoughtfully and meticulously considered the options while keeping your tax dollars in mind. If the budget is passed on June 8 as proposed, we would defer the China Police for a year which would allow us to restart the program in the future, if the proposed option does not meet our needs. The proposed police option for $34,000 provides up to 10 hours of coverage from KSO officers. Prior police budgets amounts were $39,795 for the 2019-2020 fiscal year and $40,561 in the current fiscal year. If you have any further questions, please ask. Our website www.china.govoffice.com has the sample ballot and other information under the Elections tab.

China selectmen unanimously support CBC program

by Mary Grow

At their May 10 meeting, China selectmen followed up on their April 29 meeting with China Broadband Committee (CBC) members (see The Town Line, May 6) by voting unanimously to support the CBC program, without yet committing any town money.

The vote encourages CBC members to continue working with their consultants from Mission Broadband, Johan Dougherty and Mark Van Loan, and the president of the potential town broadband supplier, Mark Ouellette of Machias-based Axiom Technologies. They have two main projects: refining estimates of costs to expand and improve broadband services, and explaining the proposed service to residents and enlisting them as customers.

The next official step is the June 8 annual town business meeting. Art. 16 on the warrant asks voters if they want to approve revisions to China’s Tax Increment Financing (TIF) Program. The revisions include adding broadband service as eligible for TIF money and authorizing funds.

If voters approve, CBC members intend to ask selectmen’s approval to use part of the appropriation for the 2021-22 fiscal year that starts July 1 to pay Mission Broadband to continue assistance.

The next request CBC members will have for selectmen, in the summer, is to put on the Nov. 8 local ballot a bond issue to finance construction of the bigger fiber optic network that will make improved and expanded service possible.

Selectmen repeatedly said they are not committing to the bond issue at this stage, because cost projections are incomplete. They are waiting until Mission Broadband representatives and Ouellette develop more definite figures, and until they see how many China residents sign up to share the costs of bond repayment and ongoing services.

Three CBC members attended the May 10 selectmen’s meeting remotely. They answered questions and said they are satisfied with the selectmen’s vote.

The CBC meets virtually at 7 p.m. Thursday, May 13. The meeting is listed on the town website with other meetings to be live-streamed.

In other business May 10, Town Manager Becky Hapgood reported on upcoming events and deadlines, including:

– Regular selectmen’s meetings are scheduled for 6:30 p.m. May 24, June 7 and June 21 and a special end-of-fiscal-year meeting Wednesday, June 30. The time for the June 30 meeting is to be determined. The town office will close at noon June 30 to let staff finish end-of-year bookkeeping.

– Regional School Unit (RSU) #18’s annual budget meeting is scheduled for 6 p.m. Thursday, May 20, at Messalonskee Performing Arts Center, in Oakland. This meeting is when voters from the five member towns (Belgrade, China, Oakland, Rome and Sidney) vote on the 2021-22 school budget.

– China’s annual town business meeting will be by written ballot Tuesday, June 8, with polls open from 7 a.m. to 8 p.m. in the former portable classroom behind the town office. The annual school budget validation vote will be held at the same time. China’s local elections are held in November, not in June.

– Absentee ballots for the China meeting are available from the town office until June 3. Absentee ballots for the school budget validation vote will be available May 21, after voters approve the budget. The secure dropbox for returning ballots is in place in the town office dooryard.

– The town office will be closed Saturday, May 29, and Monday, May 31, for the Memorial Day holiday. It will also be closed all day Tuesday, June 8, so staff can help with voting.

Pre-election information is on the town website, www.china.govoffice.com.

Selectmen appointed ballot clerks for the June 8 election. They appointed Thaddeus Barber as a member of the Recreation Committee.

Ronald Breton, chairman of the selectboard, reported that he and Hapgood have started conversations with Palermo selectmen over the contract under which Palermo residents use China’s transfer station. The 33-year contract was signed in 2016 (Breton’s first year as a China selectman, he said).

Hapgood reported for other town department heads, including:

– Public Works Manager Shawn Reed, who has been “continually battling the beavers” in the vicinity of Evans Pond on Hanson Road; and
– Police Chief Craig Johnson, who said he and his staff had put in 15 hours in China during the month of April.

Breton commented that the budget for police services allows up to 26 hours a month, when the part-time officers have time.

Selectmen unanimously approved a resolution condemning discrimination against Asians and Pacific Islanders. Hapgood said the item was on the agenda at the request of the Waterville City Council, whose members passed it last month and are encouraging area towns to follow suit.

Eagle Scout rank awarded to Hunter Praul, of China

From left to right, Hunter Praul with his parents Erika and Darryl Praul, of China. (contributed photo)

by Scott Adams

Boy Scout Troop #479, in China, held a small ceremony to honor its newest Eagle Scout, Hunter Praul. The ceremony was held at the China Baptist Church on Sunday, April 18, 2021. Hunter was presented Scouting’s highest honor by his parents Erika and Darryl Praul, of China, and in turn presented them with Eagle Scout Mother and Father Pins.

“Hunter is an amazing young man,” said Troop #479 Scout­master Scott Adams. “He never seeks to be in the spotlight but is always the first to try to make easier the lives of others. Hunter’s Eagle Scout project – building a home for a needy man in Costa Rica – was incredible. He raised the money needed here, assembled a team, coordinated efforts both here and in Costa Rica, led and took part in the building of the home and gave someone he barely knew a significant help up.”

Hunter is the 44th Eagle Scout from Troop #479 since Scott Adams became Scoutmaster in 1989. The troop was formed in 1959.

China Recreation Committee sets rules for field uses

Internet photo: https://www.flickr.com/photos/brendan-c/5722220187

by Mary Grow

Four of the five China Recreation Committee members met April 21 to talk about recreational field use and related topics.

They reviewed and expanded the requirements for using town-owned recreational fields near China schools and approved Thad Barber’s request for baseball and T-ball games during the month of May. They also agreed to subsidize the cost of field lights for Barber’s program, up to $750, for this one time.

Future requests to help with lighting costs will be considered, for in-town groups only, after committee members get updated information on Central Maine Power Company charges. Because of Covid, the lights haven’t been used in over a year, committee Chairman Martha Wentworth said.

Requirements and criteria for field use include:

• Proof of insurance;
• A fee for use by non-resident organizations that include non-resident participants;
• Priority in scheduling for China users;
• Fields to be left in original condition, with equipment and trash removed;
• No smoking in any form;
• No sitting on fences;
• No vehicles on the fields without town permission, except for emergency vehicles.

Committee members discussed needed work at the fields and agreed on measures to be taken as soon as possible, without interfering with baseball.

The recreation committee’s request for $31,400 for 2021-22 is included in Art. 5 in the June 8 town meeting warrant, with the subject Boards and Committees.

Wentworth plans to investigate scheduling a community movie night in August. Scott McCormac volunteered to talk with Thurston Park Committee members about possible joint projects.

The next China Recreation Committee meeting is scheduled for 6 p.m. Wednesday, May 19.

China road committee discusses paving plans

by Mary Grow

China Road Committee members, plus Town Manager Becky Hapgood and Selectman Wayne Chadwick, discussed 2021 paving plans at an April 23 meeting.

Committee Chairman and Public Works Manager Shawn Reed led the discussion. He explained that China should do about six miles of repaving every year to keep up with maintenance, although, he pointed out, some roads need more frequent work than others.

Last year, he said, concerns about the impact of coronavirus on the economy meant only about four miles were done. This year’s preliminary plan includes the postponed work plus four miles, to get back on schedule.

Reed proposed continuing work on Deer Hill Road and doing most of the roads in the South China Village area. He added Arnold Road off Windsor Road, which hasn’t been done in 15 years and is “pretty broke-down overall” and Meadow Wood Drive off Arnold Road. Focusing on one section of town at a time, so that equipment needs less moving around, should help control the cost, he said.

Committee members nominated several stretches of Dirigo Road as in bad condition. They concluded about a mile of the road should be repaved, without specifying which mile.

They have scheduled a road tour beginning at 8 a.m. Friday, May 7, to come to final decisions.

At the April 23 meeting, Reed did not know how much paving mix will cost per ton this summer. That figure will impact how much the town can afford to do.

As in past years, he intended to combine bids with Vassalboro; he hoped to have them out by the end of April. Having more miles to offer is likely to generate a lower price, he said.

Reed and Hapgood said the budget voters are asked to approve for paving for 2021-22, which will pay for summer 2021 work, totals $563,250. Of that amount, $45,000 is allocated for crack sealing, striping and patching.

Reed emphasized the value of sealing cracks, as a preservative between repavings, to keep water from freezing under and breaking up road surfaces. Lane Road and Weeks Mills Road are two he nominated for crack sealing this summer.

Weeks Mills Road was returned to town maintenance from the state. Reed said the part the state rebuilt is holding up well, the other mile and a half less well than he had hoped.

He would like a one-inch overlay on the entire two miles, but recommends delay because other roads need attention first.

Another issue committee members discussed was the chip seal resurfacing used last year on South and Deer Hill roads. Reed said it is rougher than asphalt paving, and after plowing there was more slush on the surface than on asphalt. But, he said, it is holding up, and overall he is “kinda pleased.”

Chadwick and committee member Dale Peabody said the chip seal should have been swept more than once, to make it easier for motorcyclists. The need to sweep loose material into ditches makes chip seal less desirable in some areas, Reed said.

Chadwick asked whether the chip seal had been hard on cutting edges on the snowplow. Joshua Crommett, committee member and public works employee, said not enough to make a difference between one plow and another.

All States Asphalt, of Richmond, is the only company offering chip seal, Reed said. He will continue using it on Deer Hill Road if committee members approve.

Committee members did not schedule another meeting after their road tour. They hope they will not need to meet again until fall, when they start considering the 2022-23 budget.

China planners postpone request for solar permit extension

by Mary Grow

China Planning Board members postponed a request for a permit extension for SunRaise Investments’ planned Route 3 solar project to their May 11 meeting, before continuing their April 27 discussion of the proposed Solar Energy Systems Ordinance that will regulate such applications in the future.

Almost a year ago, at their May 19, 2020, meeting, planners unanimously approved the proposed solar farm on land leased from Daniel Ouellette on the south site of Route 3, west of the Dirigo Road intersection.

SunRaise Vice-President for Construction Kevin Corbett explained that construction work has not started because the company needs to complete arrangements with Central Maine Power Company. He feared the permit would expire before work started.

China’s Land Use Ordinance says permits expire a year from the date of issuance unless a “substantial start” on construction has been made. Once the “substantial start” is made, the permittee has 18 months to finish the project before the permit expires.

Corbett sees construction starting in late 2021 or early 2022. SunRaise still needs to finish plans and acquire equipment, he said.

Planning board members discussed whether work done already, like initiating discussions with CMP, counted as a start. Chairman Randall Downer postponed action in order to provide time for notice to neighboring landowners. The renewal request should be on the May 11 planning board agenda.

Corbett offered suggestions on China’s draft Solar Energy Systems Ordinance, including some identified as inserted by Portland law firm, Verrill Dana. Verrill Dana attorney, Scott Anderson, attended the virtual planning board meeting. Board members were surprised to learn that Verrill Dana had had access to the document they have edited on-line using SharePoint.

A major change would have exempted solar panels from the definition of “structure” in the China ordinance. Anderson and Corbett supported the change because the ordinance now says that in the rural area, “structures of all types shall not cover more than 20 percent of any lot.”

Corbett pointed out, and board members agreed, that solar panels, which allow water to drip onto the ground among them, are not the same as a building roof that concentrates run-off. However, Board member James Wilkens asked, would the change mean solar panels could cover 100 percent of a lot?

“That’s not what I want,” he said.

Downer said that in past reviews, China planners had defined solar panels as structures. Board members voted unanimously to delete the proposed amendment.

They also deleted a second amendment Verrill Dana suggested referencing state law. They intend to incorporate references from other parts of the China Land Use Ordinance.

At Downer’s suggestion, he and board member Toni Wall (appointed in absentia) will smooth out the draft ordinance before the May 11 meeting. Wilkens volunteered to help if Wall declines.

Board members currently plan to hold their May 11 meeting in person, at 6:30 p.m. in the former portable classroom behind the China town office. The meeting room can accommodate 17 people within Covid-19 restrictions, Downer said.