[HISTORY: Adopted by the Planning Board of the Town of Kennebunkport 11-15-2017; amended 8-5-2020. Subsequent amendments noted where applicable.]
The Rules and Regulations, authorized by § 5-24F of the Kennebunkport Administrative Code, are intended to assist the Planning Board in exercising its responsibilities in a fair, orderly and efficient manner. These Rules and Regulations supersede all prior Rules and Regulations of the Board.
In the discharge of its responsibilities, the Planning Board
seeks to be mindful of the best interests of the entire community,
present and future, and to support the Town's Comprehensive Plan and
the state's goals for natural resource management, land use and development
established by the Legislature (see Appendix A).[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
There are seven members, of whom five are regular members and
two are alternate members. Members are appointed by the Selectmen
for staggered terms of three years each.
At the first meeting after each Annual Town Meeting, the Board
shall elect a Chair and a Vice Chair from among the regular members
and a Secretary from among the Members. The Board may, in its discretion,
elect two Co-Chairs instead of a Chair and a Vice Chair.
A.
Chair. The Chair shall:
(1)
Be responsible for the fair, orderly and efficient discharge of the
Board's responsibilities;
(2)
Whenever present and eligible to vote, serve as Presiding Member
at all meetings and hearings except when another member has been designated
as Presiding Member;
(3)
Designate a member to act as manager of each application received
by the Board.
(4)
Regulate the use and placement of television cameras, motion picture
and still cameras, microphones and any other audio or video devices
so as to avoid interference with the orderly conduct of the Board's
work;
(5)
Seek to maintain close liaison with the Selectmen, Town Manager,
Code Enforcement Officer and other appropriate boards, committees
and officials;
(6)
Insure that all persons entitled to address the Board have a fair
and reasonable opportunity to do so;
(7)
Seek active participation and involvement by all members; and
(8)
Insure that new members receive appropriate indoctrination and are
supplied with appropriate materials.
B.
Co-Chairs. If Co-Chairs have been elected, each shall have the powers
and responsibilities of the Chair except only one shall act as Presiding
Member at any given time.
C.
Vice Chair. The Vice Chair shall assume the powers and duties of
the Chair when the Chair is absent or not voting.
D.
Secretary. The Secretary shall be responsible for the records and
minutes of the Board, but may be assisted by an employee of the Town.
No more than five members may vote on any matter. An alternate
member may vote only in the place of an absent or non-voting regular
member. If it becomes necessary to determine which alternate member
should vote, precedence shall be given to the person with longer service
on the Board.
B.
Conflict of interest. A member has a conflict of interest if the
member or any person in the member's immediate family or any employer,
employee or coworker of the member:
C.
Withdrawal from voting. Members are encouraged to withdraw from voting,
even if no formal conflict of interest exists, if there is reasonable
possibility that the public might perceive a conflict or otherwise
question the member's impartiality.
D.
Excused from voting. A majority of the other voting members may excuse
a member from voting on a specific matter if they consider that a
conflict of interest exists or that there is a reasonable possibility
that the public might perceive or otherwise question the member's
impartiality.
Three voting members constitute a quorum for the transaction
of business. If less than three are present, the only action possible
is a vote to adjourn.
A.
Regular meetings. Regular meetings shall be held at 7:00 p.m. on
the first and third Wednesdays of each month, except as the Board
may otherwise vote. In order to provide a break for staff and members,
it is the policy of the Board to omit at least one regular meeting
each year if circumstances permit.
B.
Special meetings. Special meetings may be called in writing by the
Chair or by a majority of the members.
C.
Site visits. Site visits are encouraged and may be scheduled by the
Chair or by the Manager of the particular matter. If three or more
members are to participate in a site visit, it shall be treated as
a special meeting, but no forma motions or votes will be in order.
D.
Workshop meetings. The Board may schedule workshop meetings for the
purpose of updating regulations or ordinances, or discussing other
work items relating generally to the Board's responsibilities. Likewise,
the Board may move into a workshop during, or in addition to, any
regular or special meeting.
E.
Unscheduled or "inadvertent" meetings. A meeting occurs whenever
three or more members (a quorum) are together talking about the business
of the Board. Because no lawful meeting can take place without proper
public notice, no more than two members may discuss board business
at a social or other unscheduled occasion.
F.
Executive sessions.
(1)
Upon the vote of 3/5 of the voting members, the Board may go into
executive session. The precise nature of the business to be considered
shall be indicated in the motion, no other matters shall be considered
in such Executive Session, and no official actions shall be taken.
(2)
Deliberations may be conducted in executive session only on matters
specifically authorized by Maine Law (1 M.R.S.A. § 405).
Among the matters authorized are:
G.
Notice. It is the policy of the Board to give public notice of all
meetings at least seven days in advance.
(1)
Regular meetings. Notice of regular meetings may be made by posting
the schedule at the Municipal Offices and providing copies to the
local representatives of the media.
(2)
Special and work session meetings. Notice of special and workshop
meetings may be made by posting the notice at the Municipal Offices
and by notifying local representatives of the media. In the unlikely
event of an emergency that would require a special meeting to be held
with less than a seven-day notice, representatives of the media shall
be notified by the same or faster means used to notify the members.
B.
Order in which applications considered. To the extent possible, matters
shall be placed on the agenda in the order in which the applications
have been received, and hearings shall be held in the order in which
applications have been found to be complete. Any agenda item not considered
at a meeting shall receive priority on the agenda of the next regular
meeting.
C.
Time limit on new items. At any meeting scheduled to begin at 6:00
p.m. or later, no agenda item shall be taken up after 10:00 p.m. unless
the Board waives this restriction with respect to a specific agenda
item. At any meeting scheduled for an earlier time, the Board may
set an appropriate time limit.
A.
Time for submission. In order to be considered by the Board at any
particular meeting, all initial applications, requests and related
materials must be filed with the Town at least 14 business days in
advance unless the Board waives this requirement with respect to a
specific item.
B.
Mailing or delivery to members. Promptly after filing with the Town,
the applicant shall mail or deliver to each member a complete copy
of the application and supporting materials. The Board may decline
to consider an application at any meeting unless such materials have
been received by the members at least 14 days in advance of such meeting.
Additional materials or supplemental information related to an active
application must be submitted to the Town at least seven days prior
to the next regularly scheduled meeting.
C.
Inactive applications. At any time after an application or request
is filed, if for a period of six consecutive months, the applicant
fails to take action or submit required materials, the application
or request shall become void unless the Board votes an extension of
time. One or more extensions of time may be granted by the Board,
but the expiration date shall be no later than one year from the date
of original filing.
A member shall be designated as manager of each application
received by the Board. The Manager shall have the primary responsibility
for the administration of the application and for communications on
behalf of the Board with the applicant, the Code Enforcement Officer
and other interested officials.
It is the intent of the Board that the procedure at all meetings,
including public hearings, be governed by fairness, openness and common
sense. Rulings of the Presiding Member shall be final unless a majority
of the other voting members vote otherwise.
A.
Motions. It is anticipated that all of the Board's business can be
accomplished with the following motions, each of which shall require
a second, may be debated, and shall be considered in the order listed.
All motions require a majority vote of the Voting Members, except
that a 3/5 vote is required for a motion to go into executive session.
In the event that only a quorum of three voting members is present,
all members must vote unanimously in order to render a decision. The
Presiding Member may, at his or her discretion, limit the length of
debate, and may decline to accept any motion that he or she considers
to be unreasonably repetitious or to be otherwise inconsistent with
the objectives of fairness, openness and common sense.
B.
Reconsideration. Motions to reconsider are discouraged. The motion
must be made by a voting member who voted in the majority (or in the
case of a tie vote, in the negative), must be made at the same meeting
prior to any adjournment or continuance, and when voted, cannot be
reconsidered.
In considering the matters that come before it, the Board seeks
the benefit of as much useful information and comment as is reasonably
possible. To this end, the rules of evidence shall not be strictly
applied and any doubts shall be resolved in a manner that best affords
all members of the public a fair opportunity to be heard.
A.
Guidelines for conduct. Out of consideration for the time of those
attending, and to insure that everyone desiring to speak has an opportunity
to do so, the Board discourages questions or statements that are repetitious
or that do not advance the purpose of the proceedings. Personal attacks
on the motives or character of another are not allowed and will not
be permitted. In the event of disruptive behavior, the Presiding Member
may require the offending person or persons to leave the meeting or
the Board may choose to adjourn.
B.
Questions. The Presiding Member may refuse to allow any question
that does not bear on the matter at hand ("irrelevant"), that has
no reasonable significance ("immaterial") or that is unduly repetitious,
and shall state the basis for such refusal on the record if requested
to do so by the person asking the question.
C.
Testimony and other evidence. In general, testimony and other evidence
shall be admissible if it bears on the subject matter in a reasonably
significant way and is of a type commonly relied upon by reasonable,
prudent individuals. The Presiding Member may refuse to admit evidence
that is irrelevant, immaterial, or that is unduly repetitious and
shall state the basis for such refusal on the record if requested
to do so by the person asking the question.
B.
Standard hearing agenda. Unless the Presiding Member otherwise determines,
the order of presentation shall be as follows:
(1)
Opening statement by the Presiding Member.
(2)
Presentation by applicant.
(3)
Comments and questions by Board members, staff and consultants.
(5)
Rebuttal testimony, limited to matters previously discussed; no new
subject matter shall be introduced.
(6)
Closing statement by applicant.
(7)
Board vote to close hearing.
C.
General provisions.
(1)
Record. A record shall be kept by appropriate means and shall be
open to public inspection. Any participant or member of the public
may obtain a copy of the record upon payment of the cost of transcription,
reproduction and postage.
(2)
Participation by members, staff, counsel, consultants and the public.
(a)
Persons who wish to make a statement or ask a question shall
be required to state, for the record, their name, address, the nature
of their interest in the hearing, if any.
(3)
Continuances. A hearing may be continued at the Board's discretion.
In such a case, appropriate notice of the time and place of the reconvened
hearing shall be given to interested persons and to the public.
(4)
Objections. An objection to a ruling on issues of procedure or evidence
may be made at any time prior to the close of the hearing.
(5)
Conclusion of hearing. A public hearing is closed by a vote of the
Board, and no further testimony or other evidence shall be received,
except as follows:
(a)
Record left open. Upon a request made prior to the close of
the hearing, the Presiding Member may permit persons participating
in the hearing to file written statements with the Board for inclusion
in the record, at such time and upon such notification to the other
participants as the Presiding Member shall determine.
(b)
Hearing reopened. At any time prior to final decision, the Chair
or a majority of the voting members may reopen the record for further
proceedings after proper notice has been given to interested persons
and to the public.
(6)
Forms. To the extent practicable, all applications and other written
or graphic submissions shall be printed or typewritten on letter-size
paper (8 1/2 inches by 11 inches) and fastened on the upper-left
corner or bound along the left margin. The first page of each document
shall bear the title "Planning Board, Town of Kennebunkport, Maine,"
together with the title of the matter, the title of the document,
the date and the name and address of the person or organization submitting
the document.
These Rules and Regulations may be amended by a majority vote
at any meeting, provided that the written text of such proposed amendment
was provided to all members no less than two weeks prior to such meeting.
In the event that a provision of these Rules and Regulations
conflicts with any Kennebunkport ordinance or Maine statute, such
ordinance or statute shall govern.
