China town staff tells selectmen of rude treatment by residents

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by Mary Grow

China selectmen reacted with indignation when Town Clerk Rebecca Hapgood and Town Manager Dennis Heath told them people are rude to counter staff in the town office.

In addition to the usual daily business, people have been calling and coming in to question, dispute or pay their taxes, and Hapgood said staff have dealt with many “ill-mannered, vulgar and threatening customers in person and over the phone.”

Ronald Breton, acting chairman at the Sept. 30 selectmen’s meeting, pointed out that staff are not responsible for the tax rate or town policies; he invited people who want to complain to talk to selectmen. He also advised counter staff to politely decline to serve rude customers. And, board member Donna Mills-Stevens added, don’t hesitate to call 911 if necessary.

Hapgood said there are two other problems: some taxpayers are so out of practice writing checks that they make them out incorrectly or forget to sign them; and others look at only the top of the two little slips on the bottom of the bill and if the cents are an odd number, pay a penny short.

For example, if a bill is for $4,000.21, the September half payment is for $2,000.11; the March 2020 half payment, on the upper of the small slips, is for $2,000.10.

Heath estimated so far about 50 taxpayers owe a penny each for this error. He and Mills-Stevens doubted it would be legal to simplify things by rounding the hypothetical bill up to $4,000.22. He said he would see if there are other options.

The manager said now that China is down to two part-time patrolling policemen, Craig Johnson from the Kennebec County sheriff’s department and Jordan Gaudet from the Hallowell police department (plus continuing administrative and logistical support from the Oakland police department), he asked Johnson to develop a cost estimate for a full-time China officer. He is not yet ready to consider making a proposal to selectmen.

Heath gave selectmen a revised schedule of proposed fees for town office services like making copies, emailing, FAXing, notarizing and using the telephone (see The Town Line, Sept. 19). Board members approved it unanimously.

Looking back to earlier decisions, Heath reported the transfer of town funds to Bar Harbor Banking and Trust is well under way; and work has started to make the town’s new portable classroom, currently in Oakland, mobile. The building will be brought to the town garage lot until a pad on the town office grounds is ready and then moved there at no additional cost (see The Town Line, Sept. 19). Heath proposes using it as police office.

Selectmen again had to postpone action on the application for a Tax Increment Finance loan for Buckshot Power Sports because they lacked final supporting documents. Heath explained that review of part of the application was delayed because a computer crash required owner Mike Rackliffe to hand-write financial information.

The next China selectmen’s meeting is moved from the usual Monday to Tuesday, Oct. 15, to avoid the renamed Indigenous People’s Day holiday. It will be preceded by 6 p.m. public hearings on Nov. 5 local ballot questions and on amendments to the General Assistance Ordinance appendices.

Area roads not affected by questionable pavement sealant

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by Roland D. Hallee

Recent awareness of several motor vehicle crashes on Route 225, in Rome, has prompted the Maine Department of Transportation to suspend the use of an asphalt sealant that has been used. The investigation will focus on the mixture used in the sealant and whether that is the cause of the slippery road conditions. It has been described as resembling the effects of black ice. It is not exclusive to Maine, but has occurred throughout the United States.

“Fogging,” as it is called, is an inexpensive way of slowing the break down of pavement that is commonly used on certain spots or stretches of road.

The material and its use is normally a light application of a diluted asphalt that gets its name from the way it is applied.

The next step in the investigation will be to see if the sealant was properly applied. The company that did the work is Down East Emulsions LLC and applied by SHOem Roadway Services LLC, under the direction of the MDOT.

Locally, it was noticed this past summer that some sort of sealant was applied along the breakdown lanes on Route 3, as it passes through China, because of its shiny, wet-looking surface during dry conditions.

China Town Manager Dennis Heath said, “I do not believe the sealant is part of the process for our roads.” The town contracted for hot-mix asphalt shim and overlay. Heath continued, “As I understand it, the sealant at issue is ‘fogged’ onto the road surface as a low-cost separate application to extend the life of a road’s pavement until it can be repaved.”

Heath also interjected, “Our friends in Ireland can attest to why it is important to slow down on wet roads. The water alone presents the possibility of lost traction, but when mixed with the build-up of oil and tire residue, you have the makings of an oil slick that is treacherous.”

Vassalboro Town Manager Mary Sabins stated, “I am not aware of this sealant problem in our area. I only became aware of it when I saw the story on the news.”

Fairfield Town Manager Michelle Flewelling confirmed that “nothing like this product has been applied by the town of Fairfield in the town of Fairfield.”

However, MDOT has a project on Rte. 201 that starts in Fairfield and goes to Skowhegan. This project was contracted to Pike Industries. The breakdown lanes do appear to have had a similar application.

Flewelling then added, “My public works director did mention that he spun a bit when he attempted to leave the Good Will-Hinckley campus this morning to go back onto Rte. 201.”

According to the three town managers, the sealant in question has not been used on town roads by their respective road crews.

It seems that only state roads have had the sealant applied in various locations.

An email sent to the Maine Department of Transportation was not returned by press time.

Erskine students think globally to establish a United Nations Girl Up club

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Members of the Erskine Academy Girl Up program. (Contributed photo)

by Jeanne Marquis

During the summer before her junior year at Erskine Academy, in South China, Madyx Kennedy searched online for a new school organization. She was already active in the clubs Erskine offered, but she was looking for a club that could make a difference in the world and better matched her passions for her own future. Madyx came across an organization founded in 2010 by the United Nations called Girl Up.

Girl Up supports programs globally to provide adolescent girls an equal chance for education, health, social and economic opportunities, and a life free from violence. Why Girls? When girls are empowered by education, it raises their families and community out of poverty. One in seven girls in developing countries marry before age 15. When marriage is delayed and a girl has the opportunity to attend school, her income potential rises 10-20 percent for each year of schooling.

“What it boils down to is simple: If we want to drive progress in the world, we need to put girls in the driver’s seat.” – Kathy Calvin, CEO and President, UN Foundation.

Erskine student and local Girl Up chapter founder Madyx Kennedy. (photo by Jeanne Marquis)

Madyx, the Erskine Girl Up club founder, was inspired when she came across the Girls Up website. This organization’s mission aligned with what she envisions for her own future. She plans to go on to law school after her undergraduate degree and be a legal advocate for gender equality.

Madyx did her homework over the summer, so to speak, and learned what it took to establish a Girl Up club at Erskine. Headmaster Michael McQuarrie was highly supportive. Madyx compiled a list of potential teacher advisors for the club and prepared to go to each one to promote her idea. Ms. Beth Lawrence, her Spanish teacher, was the first one on that list and told her without any hesitation she wanted to be their advisor. When she had the school administration on board, the lingering question was ‘would there be enough support from her fellow students?’

Madyx was asked to speak about the club at an assembly in September. At the end of her presentation, she asked those who were interested to meet her by the stage. She expected two or three other students, instead to her amazement, she found nearly 30 other enthusiastic students, including a few males.

Nate Farrar learned at the first meeting the impact the club could make around the world. Nate says, “You don’t have to be a female to help out a great cause for today’s society involving women, step up men.”

After only two meetings, Erskine’s newly-formed Girl Up club has projects underway. The club’s first major project is to raise money to purchase bikes for girls to get to school. The lack of transportation can be a major barrier to getting an education in developing nations, especially for girls. SchoolCycle, one of the initiatives of the Girl Up organization, has raised funds for 1,550 bikes for girls in Malawi and 250 bikes for girls in Guatemala. In Malawi, less that 25 percent of girls finish primary school. In both these countries, families live many miles to the closest school, putting girls in risk of violence or harassment during their commute.

The Girl Up club at Erskine Academy is already implementing a fundraising campaign to raise money for more bicycles—including letters to local business, a booth at the Erskine AFS craft fair on December 14, and a fundraising page at gofundme.com/school-cycle.

While seeking to make an impact globally, the Erskine students realize there is work to be done locally to help close the gender gap in our country. They envision, in the club’s future, hosting local workshops for middle school girls to build confidence and self-esteem. Madyx wants to pass along the spirit to younger girls that all things are possible.

“Madyx has always been raised to believe that she can do anything she sets her mind to and nothing isn’t possible, especially not because of her gender,” explains Alysia Farrington, Madyx’s mother. “I think Madyx has chosen law as her career path because she feels a strong need to make women’s voices heard and heeded, not overlooked and ignored.”

Committee to revise comprehensive plan

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by Mary Grow

China’s Sept. 25 Compre­hensive Plan Committee meeting began with Kennebec Valley Council of Governments planner Joel Greenwood and one committee member; eventually, three more members arrived for a rambling discussion of the comprehensive plan sections on economic development and transportation.

The committee’s purpose is to develop a revised comprehensive plan to replace China’s 2008 version. Greenwood said at an earlier meeting he expects a draft by the end of the year, local and state review early in 2020 and perhaps acceptance or rejection by voters at the 2020 town business meeting in March or early April.

At the Sept. 25 meeting, those present reaffirmed a July decision to encourage focusing economic development along the Route 3 corridor (see The Town Line, Aug. 8) and agreed that attempts to provide public transportation have not been successful.

Informal suggestions for promoting economic development included installing water and sewer systems (Irene Belanger’s idea that she and everyone else agreed would be too expensive to be practical); reducing taxes, especially the personal property tax (Tom Rumpf’s idea); or installing a charging station for electric cars (Belanger’s idea).

Rumpf would especially like to bring in manufacturing, which would add employed people to the local population, and more retail businesses. Retirement homes and medical facilities would also be useful and would work together, he pointed out. Town water and sewers would be an incentive for that kind of development, Belanger said.

Rumpf, president of the China Four Seasons Club, told the group recreational trails are an important asset. China has 57 miles of trails, he said, and people on snowmobiles and four-wheelers bring significant amounts of money into town.

The next Comprehensive Plan Committee meeting is scheduled for 6 p.m. Wednesday, Oct. 23. Interested residents are welcome.

Board finally approves medical marijuana business

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Location of proposed medical marijuana operation on Route 3 in China. (photo from Google maps streetview)

by Mary Grow

At their Sept. 24 meeting, China Planning Board members unanimously approved Clifford Glinko’s much-discussed application to open a two-part marijuana business in South China (See The Town Line, Sept. 12 and Sept. 19).

Glinko, a licensed medical marijuana caregiver, plans to divide the building that formerly housed Mainely Trains and other businesses into two separate suites. One will be a medical marijuana growing space, the other a retail store for recreational marijuana accessories.

The building is in a Resource Protection Zone because it is close to wetlands. Agricultural operations are allowed in this zone. A new business would not be, but planning board members found retail use of the building is grandfathered, because it has been used for retail purposes up to September or October 2018.

Board members voted unanimously that the proposed businesses met all criteria in China’s Land Use Ordinance. They added five conditions to the permit, all of which Glinko readily accepted:

  • The retail suite must meet Americans with Disabilities Act requirements for designation of handicapped parking and accessibility.
  • The septic system must be inspected twice a year by the codes officer and, if it fails, replaced with a holding tank; Glinko said Jack Lord, who runs a soil testing business in South China, has designed a replacement. Board members believe the current system is a pre-1958 cesspool which is grandfathered and can be used until it fails.
  • If the state fire marshal requires a sprinkler system, Glinko must provide evidence that the well provides enough water. Glinko has no information on the well; he said he does not expect he will be required to have a sprinkler system.
  • Glinko is not to do any manufacturing in connection with his growing operation. State law defines manufacturing in two different places, board members found. They agreed manufacturing does not include basic operations like drying the plants.
  • The two businesses must be clearly and completely separated, with a firewall between them and separate entrances. People working in the growing area will be allowed to use the toilet facility in the retail area.

Action on the application has been repeatedly postponed because board members and town attorney Amanda Meader found state law and regulations keep changing.

Board members also got inconsistent information. For example, a Department of Education spokesperson told Ralph Howe that Glinko’s business had to meet the 1,000-foot setback requirement from a school (Grace Academy is a private school on the south side of Route 3). Meader, working cooperatively with Maine Municipal Association legal staff, found the setback was not required for cultivation facilities.

“This has been a learning experience for all of us,” board Chairman Tom Miragliuolo commented as the Sept. 24 meeting ended with mutual thanks and praise for Meader.

The next planning board meeting is scheduled for Oct. 22.

Two successive codes officers correct in allowing structure

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by Mary Grow

The China Board of Appeals ruled unanimously Sept. 26 that two successive town codes officers were correct when they allowed Nicholas Namer to add a structure – exactly what it is was one of the points in contention – on his waterfront lot where his mother could live in the summer.

Neighbors Kimberly and Anthony LaMarre appealed the codes officers’ decisions, contending Paul Mitnik and his successor, current codes officer William Butler, misinterpreted China’s Land Use ordinance.

The structure in question looks like a small gray house set on concrete blocks, with a peaked roof, steps leading to the door and wheels under it. Different people testifying at the Board of Appeals hearing called it a Park Model recreational vehicle and said it has sewer and electrical connections and is registered as a motor vehicle.

Namer put the structure on the lot in early July 2018 without a permit. Previous owners had had a camper, grandfathered under town ordinance. The lot is not large enough to accommodate another permanent building under China’s shoreland regulations. According to the LaMarres’ written appeal, there are already five non-conforming permanent structures.

In July 2018, the LaMarres appealed to Mitnik, who first issued a notice of violation. After review, he issued a permit in August 2018, calling the structure a recreational vehicle and not a building.

The LaMarres did not appeal the permit within the required 30 days because, they said, they did not know it had been issued; repeated inquiries at the town office brought no reply.

In the spring of 2019 the LaMarres, finding the structure still there, contacted Butler. Butler orally reaffirmed the permit. The LaMarres appealed his action within 30 days, leading to the Sept. 26 Board of Appeals meeting.

Board of Appeals members had two questions to answer. The three lawyers present, Edmond Bearor and Stephen Wagner, of Rudman Winchell (Bangor), representing the LaMarres, and William Lee III, of O’Donnell Lee, P.A. (Waterville), representing the Namers, presented testimony on each issue, supplemented by their clients and by neighbor Jeffrey LaVerdiere.

The first question was whether the board had jurisdiction in the case. Bearor argued that although the LaMarres’ appeal of the 2018 permit was late, it was the town’s fault, not theirs; they did nothing wrong, and the delay did no harm to Namer, so the board should accept the belated appeal.

Lee replied that the LaMarres were at fault for not following up when their questions about the permit were not answered and thus lost their first chance to appeal. Butler’s oral confirmation of the permit in July 2019 did not start a new 30-day window. Therefore the appeal was invalid and the board should not hear it.

Two board members, Robert Fischer and Lisa Kane, voted they lacked jurisdiction, and two others, Michael Gee and Anthony Pileggi, voted they could act, forcing Chairman Spencer Aitel to break the tie, He sided with Gee and Pileggi and moved on to the second question, whether the permit was correctly issued.

Although complicated by issues like the trees Namer cut (with Mitnik’s approval, he said), setback from lot lines and alleged drainage changes, the main question was whether, under China’s ordinance, the structure was a recreational vehicle replacing a previous grandfathered camper, or whether it was a mobile home or some form of manufactured housing.

Subsidiary questions included whether its being in a different part of the lot from the previous camper was important; whether it could be moved; and whether, if it were a recreational vehicle, Namer could leave it on the lot year-round.

After a wide-ranging discussion, board members focused on whether Namer had a recreational vehicle that was legal because it replaced the grandfathered camper. They decided he did and voted 4-0, with Aitel abstaining, that the permit is valid and its issuance meets China ordinance definitions and requirements.

They therefore denied the LaMarres’ appeal Aitel promised a written decision within a week and reminded the LaMarres that they have 30 days to take the board to court if they so choose.

Alna resident, China native, promoted to lieutenant colonel

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China native, Lieutenant Colonel Shanon Cotta

Shanon Cotta duty with Joint Force Headquarters, Maine Army National Guard

Shanon W. Cotta, of Alna, was recently promoted to the rank of lieutenant colonel at Joint Force Headquarters (JFHQ), Maine Army National Guard. Cotta is assigned as the garrison commander at Camp Keyes, in Augusta, overseeing base operations. He also administers the use and maintenance of various training sites across the state, as well as the development of new training sites.

Raised in South China, by David and Helga Cotta, he attended China Elementary School and Erskine Academy, in South China. He graduated from the University of Maine at Farmington with a bachelor of science (BS) and bachelor of arts, (BA), the University of Maine Graduate School with a Master of Arts in Teaching (MAT) and he also holds degrees from Nashotah House Theological Seminary.

His awards and decorations include the Humanitarian Service Medal, Louisiana Emergency Service Medal, Vermont Emergency Service Medal, Army Commendation Medals, Army Achievement Medal, National Defense Service Medal, Iraq Campaign Medal, Korean Service Medal, Meritorious Unit Commendation, Combat Action Badge, Mountain Warfare School, Expert Field Medical Badge and Air Assault Badge.

Lieutenant Colonel Cotta is married to Jill Cotta, a teacher at the Center for Teaching & Learning (CTL), in Edgecomb, and they have three young children, Owen, Ellie and Keagan. They are avid local sports fans and love supporting Wiscasset and Boothbay youth sports.

Lasell University Welcomes New Students 2019

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Lasell University, in Newton, Massachusetts, welcomed more than 580 new students to its Newton, Massachusetts campus this month.

Mya Maxim, of South China, became a psychology student at Lasell this fall.

Dylan Presby, of South China, became a sport management student at Lasell this fall.

Kassman speaks on history of weathervanes

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Dr. Larry Kassman making a presentation at the China Village (ACB) Library on weather vanes. Here, Dr. Kassman displays one of the common “rooster” weather vanes commonly seen throughout New England. Other weather vanes were also on display for the presentation. Many weather vanes from his collection are on display at Colby College this fall. (Contributed photo)

On Sunday September 8, the China Village (ACB) Library hosted a presentation by Dr. Larry Kassman on weather vanes. The talk was given to a full library of attendees and was very informative. Dr. Kassman covered some of the history of weather vanes, common weather vane forms, and the value of many of the unique weather vanes around the world. All of the library’s programs are free and everyone is welcome. A full list of upcoming events can be found on the library website at www.chinalibrary.org.

China TIF members seek additional volunteers to serve

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by Mary Grow

Five members of China’s Tax Increment Finance (TIF) Committee and Town Manager Dennis Heath shared information on several ongoing projects at the Sept. 23 committee meeting.

Chairman Frank Soares noted that although the committee has 10 people listed as members, at least two have resigned and others have been unable to attend a meeting in months. He plans to ask selectmen to delist the resigned and inactive members to make space for new people.

Any China resident interested in advising on spending up to half a million dollars a year is invited to contact Soares, Heath or the town office.

The half million is Heath’s estimate of sums spent and obligated for the current fiscal year, the bulk of it for the causeway project, the new bridge and future recreational improvements at the head of China Lake’s east basin. TIF money comes from taxes Central Maine Power Company pays on its north-south power line and its South China substation.

Committee members are waiting for detailed plans and state permits to continue the causeway project eastward from the new bridge. In 2017, China voters authorized spending up to $750,000 for the work; Heath doubts the approximately $150,000 left will be enough to finish it, and foresees asking for another appropriation.

Funds have been authorized to help the China Lake Association with projects to control run-off into China Lake. Construction subcommittee chairman Tom Michaud said Fire Road 35 is first on the list, with grant money and a donation from the Kennebec Water District supplementing TIF funds.

The committee’s revolving loan fund subcommittee and the full committee have recommended selectmen approve the first application for TIF revolving loan fund money to help a local business, from Buckshot Sports. Heath said selectmen are awaiting final documentation.

New and renewal applications for TIF funding are expected this fall. Heath said new state laws allow TIF money to support broadband service and all emergency services, not just fire departments.

Thurston Park Committee Chairman Jeannette Smith delivered her committee’s request for $22,700. Committee members intend to discuss the application at their late-October meeting, to be scheduled.

In the interim, they will hold an Oct. 14 (despite the holiday) workshop meeting to discuss requesting state and local approval to add funding categories and to reallocate funds among current categories.