Town of Kennebunkport
Selectmen’s Meeting
September 22, 2005
7 p.m. - Village Fire Station – 32 North Street
Minutes of the Selectmen’s Meeting of September 22, 2005
Selectmen attending: Russell P. Davenport, Donald R. Fiske, Sr., and Stuart E. Barwise
Selectmen absent: Mathew J. Lanigan and Robert F. Sullivan
Others: Joseph Bruni, Parker Dwelley, Mike Weston, William Case, George Chappell, Jim Kanak, Carol Cook, Ken Drew, David James, Lyman Page, Christopher Perry, Charles Reid, Margie Hollingsworth, Heidi Maynard, Barry Sheff, Debra McGrath, Mike Weston, David James, Albert Smith, Barbara Reid, Vicki Donaghy, Carol Reid, Nathan Poore, Ken Drew, Arlene McMurray and others.
1. Call to Order.
Selectmen Fiske called the meeting to order at 7:05 p.m.
2. Approve September 8 and 15, 2005, meeting minutes.
Motion by Selectman Fiske, seconded by Selectman Barwise, to approve the September 8, 2005, meeting minutes. Vote: 3-0.
Motion by Selectman Davenport, seconded by Selectman Barwise, to approve the September 15, 2005, meeting minutes. Vote: 3-0.
3. Public Forum (This is an opportunity for anyone who wants to address the Board of Selectmen with any issue that is not on the agenda.)
Director of Parks and Recreation announced two events they are having:
1. A senior trip at Norlands Foundation in Livermore Falls, a living museum, is scheduled on Friday, October 14.
2. An ice skating work day is scheduled for Saturday, September 24, 2005, from 9 a.m. to 3 p.m. Volunteers
Parker Dwelley passed out a newspaper article on Marine Animal Lifeline, a seal rescue team that needs more funding, and asked for the Selectmen’s support. He said contributions can be sent to P.O. Box 621 Portland, Maine 04104.
4. Public Hearing: Proposal to amend the Panhandling Ordinance.
Selectmen Fiske opened the public hearings at 7:12 p.m.
Police Chief Joseph Bruni explained the Panhandling Ordinance changes.
Motion by Selectman Barwise, seconded by Selectman Davenport, to approve the amended Panhandling Ordinance as presented. Vote: 3-0
5. Public Hearing: Proposal to amend the Ordinance Prohibiting Business on Public Streets.
Chief Bruni explained the changes to the Ordinance Prohibiting Business on Public Streets.
David James asked if lemonade stands are allowed. Chief Bruni responded that lemonade stands on private property are exempt.
Mike Weston asked if selling ducks for an organization are permitted. Chief Bruni said that charitable organizations are exempt.
Motion by Selectman Barwise, seconded by Selectman Fiske, to approve the Ordinance Prohibiting Business on Public Streets. Vote: 3-0.
6. Public Hearing: Proposal to amend the Traffic and Parking Control Ordinance, such amendment will add regulations of pedicab taxi services.
Chief Bruni explained that if approved, the pedicab taxi service would be on a trial basis only. He said he would stop services if it turns out that it is not in the Town’s best interest. He suggested that the Town try it out for one season.
Selectman Fiske opposed having any other vehicles on the road that disturbs traffic flow.
Heidi Maynard and Harriott ? supported having pedicab taxi service.
Motion by Selectman Barwise, seconded by Selectman Davenport, to table this proposal until there is a full Board. Vote: 3-0.
Debbie McGrath thanked everyone for their support. She said start out costs for the pedicab service are high that she does not want to spend money on the equipment until she has the Town’s support.
Chief Bruni mentioned that the Police Department did purchase the ATV with grant money, and that his officers met with Jim Steele, who is very knowledgeable about Town forests.
7. Status report on water quality at Goose Rocks Beach.
Nathan Poore, town manager, said he did not receive the report from DEP.
8. Review status of the two town owned gravel pit properties which are located in Biddeford.
Mr. Poore explained that Biddeford is expecting the Town to reclaim the gravel pits, and because they did not expect to be in this situation, no money is budgeted. He said that it will cost $16,000 to secure permits associated with the two gravel permits. Discussion followed about possibly gifting it to the City of Biddeford, or Habitat to Humanity. The Board agreed to table this item, while Mr. Poore discusses these issues with the new Town Manager of Biddeford.
9. Award a bid for engineering services to design and permit a parking lot expansion at 30/32 North Street.
Mr. Poore explained the bid proposals and recommended the low bidder Milone and MacBroom.
Motion by Selectman Barwise, seconded by Selectman Davenport, to award the bid for engineering services at 30/32 North Street to Milone and MacBroom at a cost of $14,900. Vote: 3-0.
10. Committee and Board member appointments.
Motion by Selectman Barwise, seconded by Selectman Davenport, to appoint Sean Ferrick and Dave Johnson to the Recreation Committee for a two-year term. Vote: 3-0
11. Whitten Hill Road Landfill reclamation status report.
Mr. Poore reported that he received two out of the three permits from the property owners on Whitten Hills Road, to start working on this project. He expects to receive permission from the third party soon.
Mr. Poore reported that the Highway Department has a surplus of ditching material and would like to contribute 200 yards to this project including delivery.
Selectman Fiske was concerned about protecting the highway vehicle in case damage occurs while delivering the material.
Motion by Selectman Barwise, seconded by Selectman Fiske, that the Highway Department deliver 200 yards of surplus material to the Whitten Hills Road Landfill, but that if any damages occur to the Town’s vehicle, that the Town of Arundel is responsible for paying the insurance deductible. Vote: 3-0.
12. Consideration of a Street Opening Permit, applicant being the Edmund and Elaine Murphy, project area located at 99C Wildes District Road, such project includes residential sewer connection.
Motion by Selectman Davenport, seconded by Selectman Barwise, to approve the Street Opening Permit for a residential sewer connection at 99C Wildes District Road. Vote: 3-0.
13. Approve the November 8, 2005, election ballot/warrant.
Mr. Poore explained that Highpoint Farms did not get their paperwork in on time, so there are only two Questions on the November Town Meeting Warrant:
1. To approve funding for the Shoreline Trolley Project.
2. To accept and adopt the Comprehensive Plan for the Town of Kennebunkport as submitted by the Growth Planning Committee and dated September 2005.
Discussion followed about whether to enter into a two-year agreement to fund the Shoreline Trolley Project and about not having Selectmen recommendations on the Warrant.
Motion by Selectman Fiske, seconded by Selectman Davenport, to place the Shoreline Trolley Project on the November 2005 Town Meeting Referendum ballot without Selectmen recommendations. Vote: 3-0.
Motion by Selectman Fiske, seconded by Selectman Barwise, to put adoption and approval of the Comprehensive Plan dated September 2005 on the November 2005 Town Meeting Referendum ballot without Selectmen recommendations. Vote: 3-0.
The Board agreed to conduct a public hearing on the two ballot questions that it approved for November Town Meeting.
14. Status report on the boiler at the Town Office.
Mr. Poore reported that he did not receive any bids for replacing the boiler at the Town Office. He said he talked to Downeast Energy, the Town’s fuel supplier, and they submitted a proposal to replace the relief valve and install an expansion tank for a total cost of $2100.
Motion by Selectman Barwise, seconded by Selectman Davenport, to approve spending $2100 to replace a relief valve and install an expansion tank at the Town Office. Vote: 3-0.
15. Other business and communications.
Selectman Barwise said he supports the Marine Animal Lifeline that Mr. Dwelley mentioned during the public forum.
Mr. Poore pointed out that the Town newsletter articles are due on Friday and that the newsletter will be mailed out October 14.
Mr. Poore mentioned that Marcus Hilton was hired as a laborer in the Sewer Department. He also explained what is being done to reduce fuel consumption.
Mr. Poore mentioned the Metal Detection Survey that was in the Board’s packets along with a check for $100 from Gill and Lyman Page for the Shade Tree Committee.
Motion by Selectman Barwise, seconded by Selectman Fiske, to accept the $100 donation from Gill and Lyman Page for the Shade Tree Committee. Vote: 3-0.
Mr. Poore commented on the letter from the Town of Buxton asking for all Maine Towns and Cities to make a donation to the Maine Communities Hurricane Katrina Relief Fund.
Selectman Fiske mentioned that two Kennebunkport Police Officers are going to Louisiana with a cruiser to provide assistance with the aftermath of Hurricane Katrina.
Mr. Poore asked the Selectmen if they would like to receive the committee minutes and agendas in their mailbox or as e-mails. The Board will let him know.
16. Consideration of the September 22, 2005, Treasurer’s Warrant.
Motion by Selectman Barwise, seconded by Selectman Fiske, to approve the September 22, 2005, Treasurer’s Warrant. Vote: 3-0.
17. Executive Session regarding several personnel matters per 1 M.R.S.A. 405 ss. 6.A.
18. Motion by Selectman Barwise, seconded by Selectman Davenport, to go into executive session per 1 M.R.S.A. 405 ss. 6.A. to discuss personnel matters. Vote: 3-0.
The Board went into executive session at 8:55 p.m.
The Board came out of executive session at 9:05 p.m.
Motion by Selectman Barwise, seconded by Selectman Davenport. To appoint Allan Moir as acting Town Manager while Mr. Poore is out of town next week. Vote: 3-0.
19. Adjourn.
Motion by Selectman Barwise, seconded by Selectman Davenport, to adjourn the meeting. Vote: 3-0.
The meeting adjourned at 9:11 p.m.
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