Town of Kennebunkport
Selectmen's Meeting
August 9, 2007
7 p.m. - Village Fire Station - 32 North Street
Minutes of the Selectmen's Meeting of August 9, 2007
Selectmen attending: Kristi Bryant, Sheila Mathews-Bull, Allen A. Daggett (arrived at 7:10 p.m.), Mathew J. Lanigan, and D. Michael Weston
Others: Christopher Audley, Deborah Bauman, Joseph Bruni, David Conway, Leo Famolare, Chris Flood, Peter Frink, Werner Gilliam, John Hathaway, Arlene McMurray, Joseph Martin Mead, Larry Mead, Dina Mendros, Mark Messer, Ben Nest, Nina Pearlmutter, Christopher Perry, Tina Radel, Dan Saunders, Brian Shaw, Pat Smith, Janet Weston and others.
1. Call to Order.
Chairperson Lanigan called the meeting to order at 7:00 p.m.
2. Joint meeting with the Board of Selectmen, Planning Board, Zoning
Board of Appeals, Conservation Commission, Growth Planning
Committee and Southern Maine Regional Planning Commission (SMRPC). Meeting will include a presentation on new
state laws regarding Shoreland Zoning by J.T. Lockman of SMRPC.
J.T. Lockman from SMRPC presented a powerpoint presentation on the new state laws concerning Shoreland Zoning and answered questions from the Board. He discussed the need to rewrite the Land Use Ordinances to accommodate the new Department of Environmental Protection regulations pertaining to the Shoreland Zone.
Selectman Weston suggested appointing a committee of seven to rewrite the Land Use Ordinances concerning Shoreland Zoning. He recommended having a member from: staff, the general public, Planning Board, Growth Planning, Conservation Commission, Zoning Board of Appeals and Board of Selectman. The Committee charge would be to analyze the Land Use Ordinances and Shoreland Zoning regulations and prepare ordinance amendments for a Town Meeting vote.
Discussion followed that:
* Generally, the staff member is a nonvoting member.
* This committee should be balanced and each part of town should be represented.
* This is the first time this idea has been brought to the public, and they should not make a decision tonight about the
composition of the Board.
It was agreed to put discussion of the composition of the committee on the next meeting agenda. Also, to solicit membership recommendations from each of the Boards/Committees present. Interested members of the public should contact the Town Manager.
Peter Frink, Nina Pearlmutter and Chris Audley spoke to this item.
3. Approve the Minutes of the July 26, 2007, Selectmen's Meeting.
Selectman Weston noticed an error in agenda item13. The vote for establishing the tax commitment should have been 3-2 with him and Selectman Lanigan voting in opposition.
Motion by Selectman Daggett, seconded by Selectman Mathews-Bull, to approve the Minutes of July 26, 2007, with the corrections presented. Vote: 5-0.
4. 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.
Ben Nest asked if there was any action taken on his letter that he sent a few weeks ago regarding his problem with a bush at the corner of Route 9 and Clement Huff Road which obstructs motorists' field of vision.
Town Manager Larry Mead said that the property owner is not willing to remove the bush. He said he e-mailed the Legal Department of the Maine Municipal Association (MMA) for legal advice on what the Town's rights or obligations are when a potential traffic hazard is on a State highway. The property has not been clearly defined as public or private; the boundary line is not determined and needs to be surveyed. He is waiting for an opinion.
Cliff Raum of Helens Corner said that motor cycle noise was a problem nine years ago and has become consistently worse over the years. He said other towns have ordinances concerning this issue.
Police Chief Bruni agreed that the noise is a problem, and that he will be bringing this issue to the Board. This item has to go to a Public Hearing.
5. Approve the Certificate of Commitment of Sewer User Rates.
Motion by Selectman Weston, seconded by Selectman Daggett, to approve the Certificate of Commitment of Sewer User Rates for accounts #954, #1620, #1621, #1647, and #576. Vote: 5-0.
6. Award the bid for culvert supplies.
Motion by Selectman Weston, seconded by Selectman Mathews-Bull, to accept Highway Superintendent's recommendation to award the bid for culvert supplies (ADS Piping Smooth Bore) to Ferguson Waterworks. Vote: 5-0.
7. Approve a street opening permit for Nina Pearlmutter, 13 Locke
Street, to install a sewer connection into the existing sewer line on
Locke Street.
Motion by Selectman Weston, seconded by Selectman Daggett, to approve the street opening permit for 13 Locke Street to install a sewer connection into the existing sewer line on Locke Street. Vote: 5-0.
8. Accept the $240 donation from the Portside Rotary recyclable bottle and can program for the Kennebunkport Emergency Fuel Assistance Program.
Motion by Selectman Weston, seconded by Selectman Daggett, to accept a $240 donation from Portside Rotary for the Kennebunkport Emergency Fuel Assistance Program. Vote: 5-0.
9. Potential Warrant Articles.
a. Amendments to the Special Events and Mass Gathering Ordinance.
At the last meeting the Board requested that Mr. Mead simplify the Ordinance.
He listed the new changes to the ordinance.
b. Amendment to the Land Use Ordinance; conversion of porches.
At the last meeting, the Board wanted less restrictions on this Ordinance instead of more, so Mr. Mead changed the language.
Discussion followed and the Board decided to table this item because the new ad hoc committee will work on this item with the Shoreland Zoning.
c. Revaluation
Chairperson Lanigan requested that discussion on circuit breakers be placed on the next meeting agenda. The Board will receive information from Wells and Ogunquit and will discuss this the first hour of the meeting. The meeting will start at 6 p.m.
Mr. Mead mentioned that tonight is Tina Radel's first day working as the new Station Manager for the Town's Government Channel 2/16. He welcomed her.
d. Amendment to the Land Use Ordinance; reduction of Critical
Edge from 150 feet to 75 feet.
The Board agreed to take this item off the Warrant. The new ad hoc committee that will be formed will work on this item.
e. Amendment to the Shellfish Conservation Ordinance to allow issuance of commercial clam licenses.
Mr. Mead said that he received a letter from the Department of Marine Resources approving the Kennebunkport Shellfish Ordinance. He recommended that the license fees be removed and set on an annual basis.
Selectman Daggett would like to keep the residents fees at $10, but is agreeable to increasing nonresident fees.
Chris Perry suggested waiting to see what happens before going to commercial clamming.
Shellfish Warden David Conway said that he got his information from biologists and that if the commercial clamming doesn't work out, the Board can always cut back.
10. Committee reappointments.
Administrative Code Committee
Motion by Selectman Daggett, seconded by Selectman Weston to reappoint to the Administrative Code Committee for a one-year term: Wayne Adams, Christian Barner, Beryl Bilderback, Barbara Rencurrel and Peter Sargent.
Vote: 5-0.
Cape Porpoise Pier Committee
Motion by Selectman Daggett, seconded by Selectman Weston to reappoint on the Cape Porpoise Pier Committee for a one-year term: Dave Anderson, Ross Anderson, Charles Howarth, Edward Hutchins, Cornelius Lamey, Chris Nunan, Keith Nunan, Robert J.O'Reilly, Zandy Talmadge, Arnold Whitehouse and Eric Wildes. Vote: 4-0-1/Selectmen Bryant abstained because she is related to one of the committee members.
Cemetery Committee
Motion by Selectman Weston, seconded by Selectman Mathews-Bull, to reappoint to a three-year term on the Cemetery Committee: Ann Doe, Ruth Fernandez, Greg Pargellis, Ann Sanders and Rita Schlegel. Vote: 5-0.
Conservation Commission
Motion by Selectman Bryant, seconded by Selectman Daggett, to reappoint Ruth Fiske and Stacy Towne to a three-year term on the Conservation Commission. Vote: 5-0.
Government Wharf Committee
Motion by Selectman Bryant, seconded by Selectman Daggett, to reappoint Ray Billings, Jeff Davis, Ron Francour, and Dennis Goulet to a one-year term on the Government Wharf Committee. Vote: 5-0. The Board did not reappoint Laurin Brooks or Herbert Goulden because according to the Administrative Code, at least 75% of the membership must be registered voters. Vote: 5-0.
Growth Planning Committee
Motion by Selectman Daggett, seconded by Selectman Bryant, to reappoint Jamie Houtz to a three-year term on the GPC. Vote: 5-0.
Kennebunk River Committee
Motion by Selectman Daggett, seconded by Selectman Bryant, to appoint Michael Harlow to the Kennebunk River Committee for a term expiring in 2010. Vote: 5-0.
Motion by Selectman Weston, seconded by Selectman Mathews-Bull, to reappoint Niels Jacob as an ad hoc member to the Kennebunk River Committee for a one-year term. Vote: 5-0.
Lighting Committee
Motion by Selectman Lanigan, seconded by Selectman Daggett, to reappoint to the Lighting Committee George Acker and Gavin Falconer to a three-year term. Vote: 5-0.
Motion by Selectman Lanigan, seconded by Selectman Daggett, to reappoint to the Lighting Committee Julie Gerrish and James Stockman to a two-year term. Vote: 5-0.
Motion by Selectman Lanigan, seconded by Selectman Daggett, to reappoint to the Lighting Committee Marie Henriksen to a one-year term. Vote: 5-0.
Parsons Way Committee
Motion by Selectman Daggett, seconded by Selectman Bryant, to reappoint Louise Spang to a three-year term on the Parsons Way Committee. Vote: 5-0.
Planning Board
Motion by Selectman Weston, seconded by Selectman Mathews-Bull, to reappoint David Kling to the Planning Board for a three-year term. Vote: 5-0.
Motion by Selectman Bryant, seconded by Selectman Daggett, to appoint John Hathaway from an alternate membership to full membership on the Planning Board to replace Mike Weston's position, for a three-year term.
Selectman Weston mentioned that past practice on the Planning Board has been to move the alternate member with more time on the Board to full membership. In this case, Patricia Smith has more time than John Hathaway. Discussion followed that the Board of Selectman are authorized to select committee members.
Vote: 4-1/Selectman Weston opposed.
Russ Grady expressed his interest in becoming a member of the Planning Board. If he does not get appointed to the Planning Board, he would like to be reappointed to the Youth Services Commission.
Lyman Page also applied for membership on the Planning Board but was unable to attend this meeting. The Board would like to invite Mr. Page to the next meeting before it appoints another member.
Public Safety Committee
Motion by Selectman Daggett, seconded by Selectman Mathews-Bull, to reappoint: Dan Brock, John Hirst, Joseph Bruni, Allan Moir, Jim Burrows to the Public Safety Committee and also to appoint Anne Laflamme, all for a one-year term. Vote: 5-0.
Recreation Committee
Motion by Selectman Daggett, seconded by Selectman Bryant, to reappoint: Sean Ferrick, Dave Johnson, Eileen Miller to the Recreation Committee for a two-year term. Vote: 5-0.
Road Book Committee
Motion by Selectman Bryant, seconded by Selectman Daggett, to reappoint James Steele, Sr., James Burrows, and Richard Stedman to the Road Book Committee for a one-year term. Vote: 5-0.
Sewer Advisory Committee
Joseph Martin Mead presented his background and spoke of his interest in becoming a member of the Sewer Advisory Committee.
Motion by Selectman Bryant, seconded by Selectman Mathews-Bull, to reappoint to the Sewer Advisory Committee Bob Convery, Ripley Emerson, and Richard Johnson to a one-year term. Vote: 5-0.
Motion by Selectman Daggett, seconded by Selectman Mathews-Bull to appoint Joseph Martin Mead to the Sewer Advisory Committee for a one-year term. Vote: 5-0.
Shade Tree Committee
Motion by Selectman Daggett, seconded by Selectman Mathews-Bull, to reappoint: Kathryn Leffler, Joanne Gamble, Ron Hanby, and Suzanne Stohlman to the Shade Tree Committee for a one-year term. Vote: 5-0.
Shellfish Conservation Committee
Motion by Selectman Daggett, seconded by Selectman Mathews-Bull, to reappoint: Ross Anderson, David Conway, J. Steven Kingston, Chris Nunan, Norman Nunan, Sr. and Arnold Whitehouse to the Shellfish Conservation Committee for a one-year term. Vote: 5-0.
Sidewalk Committee
Motion by Selectman Daggett, seconded by Selectman Mathews-Bull, to reappoint Joseph Bruni, Ralph Clement, John Hirst, Tony Viehmann and Barbara Winterson to the Sidewalk Committee for a one-year term. Vote: 5-0.
Solid Waste Committee
Motion by Selectman Daggett, seconded by Selectman Mathews-Bull to reappoint to the Solid Waste Committee for a one-year term: Ripley Emerson and Kathryn Leffler. Vote: 5-0.
Zoning Board of Appeals
Motion by Selectman Mathews-Bull, seconded by Selectman Daggett, to reappoint for a three-year term to the ZBA: Herb Cohen and Christopher Perry. Vote: 5-0.
Youth Services Commission
Judith Lachiatto applied for membership on the Youth Services Commission. The Commission does not have any vacancies at this time. The Board could, however, appoint her as an ad hoc member. Before making a determination, the Board would like to meet Ms. Lachiatto first. It was agreed to invite her to the next meeting.
The following Board members agreed to be a representative to the following committees:
Cape Porpoise Pier Committee Selectman Daggett
Government Wharf Selectman Weston
K.E.M.S. Selectman Lanigan
Public Safety Committee Selectman Lanigan
S.M.R.P.C. Selectman Weston
Growth Planning Committee Selectman Daggett
Planning Board Selectman Bryant
Zoning Board of Appeals Selectman Mathews-Bull
11. Other business and communications.
a. Selectmen's goals.
The Board discussed the list of goals presented at the last meeting and all agreed to continue working on property revaluation, retaining Consolidated School, simplifying Town Ordinances and Codes and working on the Critical Edge Ordinance.
The Board narrowed down the rest of its goals and agreed to the following:
* Selectman Lanigan will work on repairing erosion damage at the Dock Square parking lot, possibly applying for a grant.
* Selectman Bryant will work on changing the date of Town Meeting back to March.
* Selectman Daggett, concerned that the Fire Department budget could increase dramatically without volunteers, will work on soliciting more volunteers for K.E.M.S. and the Fire Department.
* Selectmen Weston and Mathews-Bull will work on simplifying the budget and developing a long and short-range plan.
Selectman Bryant said she has pictures in regard to the Clement Huff Road issue discussed. Selectman Weston mentioned that he had a visitor at his house regarding the Clement Huff Road issue, but did not know all of the details of this issue. It was suggested that he convey the visitor's information to Mr. Mead.
Mr. Mead announced that the August 8, Selectmen's Workshop on property revaluation will be rebroadcast every Monday through September 3, at 10 a.m. and 6 p.m.
Mr. Mead mentioned that applications for the circuit breaker program are now available at the Town Office in Assessing and Tax Departments.
Mr. Mead also mentioned that the Town Website has a new button for Town Projects where information on the proposed Dock Square restrooms is located.
12. Consider the August 9, 2007, Treasurer's Warrant.
Motion by Selectman Daggett, seconded by Selectman Bryant, to approve the August 9, 2007, Treasurer's Warrant. Vote: 5-0.
13. Adjournment.
Motion by Selectman Daggett, seconded by Selectman Bryant, to adjourn the meeting. Vote: 5-0.
The meeting adjourned at 10:10 p.m.
Submitted by
Arlene McMurray
Administrative Assistant
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