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).
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.
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 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.
(2) To "vote now" (also known as "the previous question" or "move the
question").
(4) To postpone to a future date.
(5) To go into executive session.
(6) To approve or disapprove (the "main motion").
(7) To reconsider a previous vote.
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.
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.