Town of Kennebunkport
February 22, 2007
7 p.m. - Village Fire Station – 32 North Street
Minutes of the Selectmen’s Meeting of February 22, 2007
Selectmen attending: Kristi Bryant, Allen A. Daggett, Donald R. Fiske, Sr., and Mathew J. Lanigan
Selectman absent: Stuart E. Barwise
Others: Ralph Austin, Joshua Bodwell, Joseph Bruni, Ken Drew, Chris Flood, Julie Gerrish, Anisia Gifford, John Gifford, George Gifford, Werner Gilliam, Jamie Houtz, David James, Nancy Kling, David Kling, Mary McLaughlin, Arlene McMurray, Larry Mead, Dina Mendros, Chris Perry, Brian Shaw, Mike Weston, Nancy Weston, Ted Wyah, and others
1. Call to Order.
Selectman Fiske called the meeting to order at 7:07 p.m.
2. Approve the minutes of the February 8, 2007, Selectmen’s Meetings.
Motion by Selectman Lanigan, seconded by Selectman Daggett, to approve the minutes of February 8, 2007, Selectmen’s Meeting. Vote: 4-0.
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
Selectman Fiske explained public forum decorum.
Mary McLaughlin mentioned that she watched the February 8 Selectmen’s Meeting in which landowners were fined for building near wetlands. She remembered that previously the Selectmen were concerned about wetlands on the McCabe property. She requested that 10 acres of the McCabe property be delineated for wetlands and that a soil study is performed.
Town Manager Larry Mead responded that an official from the Department of Environmental Protection (DEP) inspected the proposed parking lot site on the McCabe property. He said the DEP determined that there are no environmental concerns and a study is not required.
Nancy Kling, chair of the Conservation Commission, asked if the Board had a chance to look at the Commission’s request to consider support of the US Mayors Climate Protection Agreement. Selectman Fiske assured her that this item would be on the next meeting agenda.
4. Consider a renewal liquor license application for Mabels Lobster Claw.
Motion by Selectman Lanigan, seconded by Selectman Daggett, to renew the liquor license application for Mabels Lobster Claw. Vote: 4-0.
5. Request from the Resort at Goose Rocks to enter into a consent agreement with the Town of Kennebunkport regarding Land Use Ordinance violations.
Code Enforcement Officer Brian Shaw explained the Land Use Ordinance violation and that the Costellos were not really responsible for committing this violation, because the previous property owner subdivided the land within a five year period. One parcel of land was sold to the Costellos in 2001, and another was sold in 2003 to the Costellos under a separate name of NC & MM, Management, LLC.
Selectman Lanigan mentioned an error on page 2, section 2, of the consent agreement in which the dollar sign should be deleted in front of 120,000 square feet.
Motion by Selectman Lanigan, seconded by Selectman Bryant, to enter into a consent agreement with the “property owners” Nicholas C. Costello and Mary E. Costello; NC & MM Management, LLC; and Goose Rocks at Kennebunkport, LLC due to a Land Use Ordinance violation in which the two lots will be merged, and to levy a fine of $1,000 plus legal fees to the “property owners.” Vote: 4-0.
6. Request from Anisia Gifford to enter into a consent agreement with the town of Kennebunkport regarding Land Use Ordinance violations.
Mr. Shaw said that he visited the site yesterday where the Land Use Ordinance violation occurred and it appeared that the Gifford’s did very little to restore the site back to its previous state. He recommended not entering into a consent agreement, but instead taking it to court. The Board looked at current pictures of the site.
Lengthy discussion followed. John Gifford explained that they tried to restore the area by putting in plant plugs, but were not successful in completing this before the deadline. He thinks spring is the optimal time to complete this project and would like to forestall anymore penalities until they are able to complete it the right way. George Gifford reiterated the same thing.
Selectman Daggett did not want to make a decision until he saw the “before” pictures of the site. Other Board members agreed with him. The next agenda item was addressed while Code Enforcement Officer Werner Gilliam left to get the initial photographs of the site.
The Board returned to this item after addressing item 8.
After comparing the initial photographs of the site with the current photos, the Board agreed that sufficient work was not performed at that site.
Motion by Selectman Lanigan, seconded by Selectman Daggett, to enter into a consent agreement with Anisia Gifford due to a violation of the Land Use Ordinance and to extend the deadline to April 30, 2007, for completing restoration of the site to its original condition, plus to levy a fine of $2,000.
Discussion followed concerning the appropriate fine to levy. The Board asked Mr. Shaw for his recommendations. Mr. Shaw said it was an egregious offense when comparing it to previous consent agreements. He recommended a $5,000 fine.
Selectman Lanigan rescinded his motion and Selectman Daggett rescinded his second respectively.
Motion by Selectman Bryant, seconded by Selectman Lanigan, to o enter into a consent agreement with Anisia Gifford due to a violation of the Land Use Ordinance and to extend the deadline to April 30, 2007, for completing restoration of the site to its original condition, plus to levy a fine of $3,500. Vote: 3-1/Selectman Daggett opposed.
Anisia Gifford thanked the Board for the extension.
Item 9 was addressed next.
7. Consider application for the Sewer Committee.
The Board tabled this item until the next meeting, so that the applicant could be present to answer questions.
8. Consider proposed ordinance change related to fees for repetitive false alarm responses.
Chief Joseph Bruni explained that he just wanted to clean up the wording in the False Alarm Ordinance. He said that in 2006, the police department responded to eight false alarms, which is costly. He also thinks that a $1,000 fine for a third offense is too high, so it was reduced. He said he is looking for voluntary compliance.
Discussion followed and the Board would like in writing the following penalities:
First Offense: $25
Second Offense: $80
Third Offense: $200
Any Additional Offense: $500.
Town Manager Larry Mead said there is still time to make the changes so the language in this proposal will be corrected and brought to the next meeting.
Mr. Gilliam returned, so the Board went back to addressing item 6.
9. Consider Planning Board recommendations for changes to the Land Use Ordinances.
This item was addressed after item 6.
The Board received more changes to the Land Use Ordinance proposals at meeting time.
Mike Weston, chair of the Planning Board, reported that there are new changes to the ordinances because he did not have the opportunity to meet with the Town Attorney until this week. He explained all of the new amendments.
The Board agreed to put this item on the next agenda.
Mr. Mead assured the Board that these proposals will be completed and posted on the Town Website on Monday.
10. Consider Growth Planning Committee recommendations for amendments to the Comprehensive Plan.
Jamie Houtz, chair of the Growth Planning Committee (GPC), explained the GPC’s recommendations for amendments to the Comprehensive Plan.
Selectman Fiske mentioned that it would be nice to have ad hoc members on the GPC. He said that anyone interested should contact the Town Manager.
11. Approve restrictions on vehicle weight limits on certain roads in
accordance with 29-A M.R.S.A. Section 2395 and the Kennebunkport Traffic and Parking Control Ordinance.
Motion by Selectman Lanigan, seconded by Selectman Daggett, to post on March 1, 2007, restrictions on weight limits on the following roads:
· Arundel Road from Goff Brook to Goose Rocks Road
· River Road from Goff Brook to North Street
· Beachwood Avenue from North Street to Route 9
· Walkers Lane from North Street to Beachwood Avenue
· Old Cape Road from Beachwood Avenue to Route 9
· Goose Rocks Road from Log Cabin Road to Route 9
· Stone Road from Beachwood Avenue to Goose Rocks Road
· Guinea Road from Goose Rocks Road to Biddeford Line
· Whitten Hill Road from Goose Rocks Road to Guinea Road
· Pier Road
· New Biddeford Road from Route 9 to Kings Highway
· Winter Harbor Road from Route 9 to New Biddeford Road
· Dyke Road
· Wildes District Road
· Ocean Avenue
· Langsford Road
· Ward Road
· Northwood Drive
· Oak Ridge Road
· Others if needed
12. Annual request from the DEP to locate the ozone monitoring station
Motion by Selectman Lanigan, seconded by Selectman Daggett, to give permission to the Department of Enviornmental Protection to place an ozone monitoring shelter on town property adjacent to St. Anne’s church on Ocean Avenue from April through September 2007. Vote: 4-0.
13. Consider retaining the services of the Public Affairs Group for representation on legislative matters in Augusta.
Motion by Selectman Fiske, seconded by Selectman Lanigan, to hire Joe Mackey from the Public Affairs Group to represent the Town on legislative matters in Augusta, for as long as the Town needs him at $2,750 a month. Vote: 4-0.
14. Other Business.
Selectman Daggett mentioned that the Shade Tree Committee would like to have a representative from the Board of Selectmen attend their meetings. The Board agreed to appoint Selectman Daggett as Selectmen Representative on the Shade Tree Committee.
Selectman Fiske said he will provide information to the Board on buying elm trees provided by his wife who researched this subject. She is on the Conservation Commission.
Selectman Lanigan said he received many e-mails and phone calls supporting the decision to put the Town revaluation on the November Town Warrant. He thanked everyone for their support.
Mr. Mead said he was asked about digital telephone service in Kennebunkport through Time Warner. He said he spoke to someone at Time Warner and was told that Kennebunkport residents may be able to receive this service by summer. Selectman Fiske mentioned that they should look into getting new paper work from Time Warner.
15. Consideration of the February 22, 2007, Treasurer’s Warrant.
Motion by Selectman Lanigan, seconded by Selectman Bryant, to approve the February 22, 2007, Treasurer’s Warrant. Vote: 4-0.
16. Executive Session per 30-A M.R.S.A. § 2702 to discuss personnel issue.
Motion by Selectman Lanigan, seconded by Selectman Bryant to go into executive session per 30-A M.R.S.A. § 2702 to discuss a personnel issue. Vote: 4-0.
The Board went into executive session at 9:05 p.m.
The Board came out of executive session at 9:45 p.m.
Motion by Selectman Lanigan, seconded by Selectman Daggett, to approve the amendment to the Town Manager’s employment contract related to termination and vacation. Vote: 4-0. (See Exhibit A)
Motion by Selectman Lanigan, seconded by Selectman Daggett, to adjourn the meeting. Vote: 4-0.
The meeting adjourned at 9:45 p.m.