A. 
Residence qualification. All persons appointed to boards and committees under Article IV shall be registered voters in the Town of Kennebunkport and shall continue to serve only so long as they remain registered voters, except as provided in §§ 5-30A, 5-31A and 5-35.
B. 
Removal of appointees to a board or committee. A vacancy on any board or committee may occur by the following means: nonacceptance, death, resignation, permanent disability or incompetence, failure to qualify for the office within 10 days after written demand by the Board of Selectmen, removal from office in any manner provided by law, and forfeiture of office as provided in this Administrative Code.
C. 
Appointees to a board or committee shall forfeit their office if they:
(1) 
Lack at any time during their term of office any qualifications for the office prescribed by the Administrative Code or by the Constitution and Laws of the State of Maine;
(2) 
Violate any express prohibition of this code;
(3) 
Are convicted of a crime punishable by imprisonment for more than 30 days whether or not such imprisonment actually occurs;
(4) 
With respect to all boards or committees other than the Board of Selectmen, fail to attend the greater of three consecutive regular meetings of the board or committee or more than 25% of all meetings within any six-month period, unless such absences are determined not to be grounds for forfeiture pursuant to Subsection E;
(5) 
Fail to disclose a conflict of interest; or
(6) 
Fail to perform the duties of the office.
D. 
Determination of forfeiture. The determination of whether a forfeiture has occurred shall be made by the Board of Selectmen by appropriate proceedings of a judicial nature and after written notice and hearing. After receipt of such written notice, where the reason of alleged forfeiture is failure to attend the requisite number of meetings, the six-month period for determining whether the member failed to attend the requisite percentage of all meetings shall end on the date of such written notice, and no subsequent meetings may be included in determining whether a forfeiture has occurred. Notice of the hearing shall be given to all other individuals who are members of the board or committee at the time the alleged grounds for forfeiture occurred. The determination of when a vacancy exists shall be made by the Board of Selectmen no later than its next regularly scheduled meeting. Upon such determination, a vacancy shall be deemed to "occur" for purposes of filling such vacancy.
E. 
Attendance.
(1) 
The failure of an appointed board or committee member to attend the greater of three consecutive regular meetings of the board or committee or more than 25% of all meetings within any six-month period shall not result in forfeiture of office if the Board of Selectmen determines that the absences were justified and that forfeiture is not in the best interests of the Town. In making this determination, the Board of Selectmen shall consider all relevant evidence, including but not limited to the following:
(a) 
Whether the reason for the absence was within or beyond the board/committee member's control.
(b) 
Whether the absence interfered with the efficient operational functioning of the board or committee.
(c) 
Whether the board/committee member could have given advance notice.
(d) 
The attendance history of the board/committee member.
(2) 
The board/committee member shall have the burden of establishing by a preponderance of the evidence that the absences were justified and forfeiture is not in the best interests of the Town.
F. 
Filling a vacancy. When a vacancy occurs in any appointed Town office or position, the Board of Selectmen shall appoint a qualified person to fill the vacancy within 60 days.
G. 
Town employees. Employees of the Town of Kennebunkport may not serve on standing boards and commissions, except by ex officio appointment. This limitation does not apply to individuals who are hired by the Town to serve as temporary election workers or wardens, occasional part-time or temporary employees, or volunteer fire and reserve police personnel. Such individuals may serve on a board or commission unrelated to their work for the Town.
No board or committee established under this Administrative Code shall have legal standing to appeal a decision of any other municipal body or officer or to monitor an action at law against any other municipal body or officer without the consent of the Board of Selectmen unless such standing is specifically granted by state statute.
A quorum shall consist of the majority of the full membership of a board or committee. A simple majority of the full membership (not a majority of the quorum) is needed to pass a motion. For purposes of this section, "full membership" shall mean the regular membership of a board or committee not including alternate members unless alternate members are designated regular members in the absence or disqualification of any regular member(s). Alternate members, when there are alternate members, of any board or committee may participate in proceedings but may only vote when designated as a voting member by the Chair to act for a member who is unable to vote because of absence or disqualification.
A. 
Composition. The Parsons Way Committee shall be composed of three or more members.
B. 
Appointment. The Board of Selectmen shall appoint the members of the Parsons Way Committee.
C. 
Terms. The members of the Parsons Way Committee shall serve for three-year terms, and the terms shall be staggered. Appointments to replace members unable to complete their terms shall be for the unexpired portion of the three-year term.
D. 
Organization. The members of the Parsons Way Committee shall elect annually from its membership a Chair and a Secretary.
E. 
Duties. The duties of the Parsons Way Committee shall be to make recommendations to the Board of Selectmen for the management of Parsons Way consistent with the conditions under which Henry Parsons deeded Parsons Way to the Town (by deed dated July 29, 1944, recorded in the York County Registry of Deeds in Book 1018 at Page 179), accepted by the Town of Kennebunkport at the March 6, 1944, Town Meeting, Warrant Article 53, and with further reference to a three-page letter signed by Henry Parsons dated March 2, 1944, addressed "To the Citizens of Kennebunkport," expressing his intent.
A. 
Composition. The Planning Board shall consist of five members and two alternate members.
B. 
Appointment. The Board of Selectmen shall appoint the members of the Planning Board.
C. 
Terms. The members of the Planning Board shall serve for three-year terms on a staggered basis. Members are limited to serving three full consecutive terms. Reappointment may occur after a one year period of nonservice. The Board of Selectmen may, despite the term limitations in this section and for good cause shown, appoint a member for an additional one year of service beyond the three consecutive terms.
D. 
Organization. The members of the Planning Board shall elect annually from its membership a Chair, a Vice Chair and a Secretary.
E. 
Powers and duties. The powers and duties of the Planning Board shall be as prescribed by statute. Members shall attend and complete a training session for Planning Board members sponsored by the Maine Municipal Association in their first year of service and in their sixth year of service.
F. 
Regulations. The Planning Board may adopt such procedures for the conduct of its own business and such standards for evaluating the proposals brought before it as are consistent with ordinances of the Town and statute.
A. 
Composition. The Public Safety Committee shall be composed of seven members: the Fire Chief, the Chief of Police, the Director of Public Works, the Deputy Director of Public Works, the Emergency Management Director, the Chief of Service for the Kennebunkport Emergency Medical Services and one Selectman.
B. 
Organization. The Public Safety Committee shall annually elect from its members (other than the Selectman) a Chair.
C. 
Duties. The Public Safety Committee shall be an advisory committee. The Committee shall annually review the communications budget which shall be prepared by the Chief of Police and make recommendations for the acceptance, amendment or nonacceptance of each budget item.
A. 
Composition. The Lighting Committee shall be composed of five or more members.
B. 
Appointment. The Board of Selectmen shall appoint the members of the Lighting Committee.
C. 
Terms. The members of the Lighting Committee shall serve for three years.
D. 
Organization. The members of the Lighting Committee shall choose from its membership a Chair and Secretary. The Committee may adopt such further procedures as it deems necessary for its own organization.
E. 
Duties. The Selectmen may charge the Lighting Committee with specific tasks.
A. 
Composition. The Sewer Advisory Committee shall be composed of three or more members.
B. 
Appointment. The Board of Selectmen shall appoint the members of the Sewer Advisory Committee.
C. 
Terms. Members of the Sewer Advisory Committee shall serve for terms of one year.
D. 
Organization. The members of the Sewer Advisory Committee shall elect annually from its membership a Chair and a Secretary. The Sewer Advisory Committee may adopt such further procedures as it deems necessary for its own organization.
E. 
Duties. The Selectmen may charge the Sewer Advisory Committee with specific tasks.
A. 
Composition. The Cemetery Committee shall be composed of three or more members.
B. 
Appointment. The Board of Selectmen shall appoint the members of the Cemetery Committee.
C. 
Terms. The members of the Cemetery Committee shall serve for terms of one year.
D. 
Organization. The members of the Cemetery Committee shall elect annually from its membership a Chair and a Secretary.
E. 
Duties. The Cemetery Committee shall be responsible, within the limitations of its budget, for the maintenance of those cemeteries in the Town of Kennebunkport for which there are no other provisions.
A. 
Purposes.
(1) 
State law requires that land use regulations of the Town be adopted pursuant to a Comprehensive Plan. Such Comprehensive Plan, including policy statements, goals, standards, and pertinent data, requires a constant dialogue and exchange of ideas and materials between a board and the governing body of the Town so that significant municipal decisions are made on the basis of fact.
(2) 
Currently the Planning Board is unable to commit the time necessary to undertake the inquiry and analysis to make the findings and recommendations necessary for thorough planning. This section establishes a permanent committee to undertake such inquiry and analysis and to make findings and recommendations to the Planning Board and the Board of Selectmen in order to continually update and maintain the Comprehensive Plan.
B. 
There is hereby established a Growth Planning Committee to be composed of up to five members, including two alternates as appointed by the Selectmen. In making appointments, the Selectmen shall consider the experience of individuals in land use, housing, transportation, capital planning, economics, water resources, social patterns, and other areas which should be considered in formulating and maintaining the Comprehensive Plan.
C. 
Initial appointments to the Committee shall be on a staggered basis so that the term of one person expires in four years, the terms of two people expire in three years, the terms of two people expire in two years, and the terms of two people expire in one year. Thereafter, terms shall be for a period of three years.
D. 
Annually, at the first meeting of the Committee after the Annual Town Meeting, the Committee shall elect a Chair and a Secretary. After such election, the Committee shall establish an agenda for the coming year, with timetables for the completion of goals and objectives during such year. The Committee may adopt such further procedures as it deems necessary for its own organization.
E. 
The Committee shall generally meet twice each month, and at such other times as deemed necessary by a majority.
F. 
No later than November 30 of each year, the Committee shall submit to the Planning Board and the Board of Selectmen a report of its activities, any recommendations for inclusions or modifications to the Comprehensive Plan, and any ordinances or amendments to ordinances to achieve goals or objectives stated in the recommendations. By preamble to any proposed ordinance submitted to the Planning Board and the Board of Selectmen, the Committee may set forth goals, policy statements or other pertinent materials expressing findings and conclusions supporting the ordinance. If the proposed ordinance is adopted, such preamble, as it may be modified prior to enactment of the ordinance, shall be deemed part of the Comprehensive Plan to the end that such ordinance or amendment shall be enacted "pursuant to the Comprehensive Plan."
G. 
From time to time, the Board of Selectmen may find it necessary to appoint ad hoc committees to review and recommend policies and ordinances. The Growth Planning Committee may be considered to fill that role should the policy or ordinance be deemed to fall within its area of expertise.
H. 
In preparing its annual report to the Planning Board and the Board of Selectmen and any proposed ordinances or amendments, the Committee shall ensure that the public is given an adequate opportunity to be heard.
I. 
The Planning Board and all other municipal officers, employees, boards and commissions shall cooperate with the Committee, so that the continuous data-gathering, analysis and review to be undertaken by the Committee may provide a continually updated Comprehensive Plan. The Committee may update data tables and charts annually within the Comprehensive Plan without resubmitting the plan for inclusion on the Town warrant.
J. 
Any proposed actions affecting the consistency of the Comprehensive Plan, including any amendments to the Land Use Ordinance[1] and any long-range capital expenditure plans, shall be submitted to the Growth Planning Committee prior to presentation to any Town Meeting for the Committee's review and recommendations.
[1]
Editor's Note: See Ch. 240, Land Use.
K. 
The Committee shall be subject to administrative supervision by the Town Manager as specified in the Administrative Code.
A. 
Composition. The Cape Porpoise Pier Committee shall be composed of five or more members, one of whom shall be a member of the Board of Selectmen. Nonresidents may be appointed to this Committee, provided they are commercial fishermen from the Cape Porpoise Pier and at least 75% of the membership are commercial fisherman.
[Amended 6-13-2023]
B. 
Definition of "commercial fisherman." An individual deriving greater than 50% of their annual income from activities directly concerned with the commercial harvest of wild or aquacultured marine organisms.
[Added 6-13-2023[1]]
[1]
Editor's Note: This legislation also redesignated former Subsections B through D as Subsections C through F, respectively.
C. 
Appointment. The Board of Selectmen shall appoint the members of the Cape Porpoise Pier Committee.
D. 
Terms. The members of the Cape Porpoise Pier Committee shall serve for terms of one year.
E. 
Organization. The members of the Cape Porpoise Pier Committee shall elect annually from its membership a Chair, a Vice Chair and a Secretary.
F. 
Duties. The Cape Porpoise Pier Committee shall advise the Board of Selectmen on all matters addressed in the Cape Porpoise Pier Ordinance.[2]
[2]
Editor's Note: See Ch. 61, Harbor and Waterfront, Art. I, Cape Porpoise Pier.
A. 
Composition. The Government Wharf Committee shall be composed of five or more members, one of whom shall be a member of the Board of Selectmen. Nonresidents may be appointed to this Committee, provided they are commercial fishermen from Government Wharf and at least 75% of the membership are registered voters of Kennebunkport.
B. 
Appointment. The Board of Selectmen shall appoint the members of the Government Wharf Committee.
C. 
Terms. The members of the Government Wharf Committee shall serve for terms of one year.
D. 
Organization. The members of the Government Wharf Committee shall elect annually from its membership a Chair, a Vice Chair and a Secretary.
E. 
Duties. The Government Wharf Committee shall advise the Board of Selectmen on all matters relating to the management of Government Wharf.
A. 
Composition. The Recreation Committee shall consist of five or more members.
B. 
Appointment. The Board of Selectmen shall appoint the members of the Recreation Committee.
C. 
Terms. All members of the Committee will serve two-year terms.
D. 
Organization. The members of the Recreation Committee shall elect annually from its membership a Chair, Vice Chair, Secretary and Treasurer.
E. 
Duties. The Recreation Committee shall be charged with the assessment and enhancement of Kennebunkport's public recreation facilities in response to the community's needs and priorities. It will work with the Department of Parks and Recreation to help develop a long-range plan of facilities.
A. 
Composition. The Solid Waste Committee shall consist of three or more members.
B. 
Appointment. The Board of Selectmen shall appoint the members of the Solid Waste Committee.
C. 
Terms. Members of the Solid Waste Committee shall serve for terms of three years.
D. 
Organization. The members of the Solid Waste Committee shall elect annually from its membership a Chair and a Secretary. The Solid Waste Committee may adopt such procedures as it deems necessary for its own organization.
E. 
Duties. The Selectmen may charge the Solid Waste Committee with specific tasks.
A. 
Composition. The Administrative Code Committee shall consist of five or more members.
B. 
Appointment. The Board of Selectmen shall appoint the members of the Administrative Code Committee. For two positions, preference shall be given to former members of the Board of Selectmen. For one position, preference shall be given to persons who are members or former members of the Zoning Board of Appeals or the Planning Board or to persons trained in the law.
C. 
Terms. All members of the Committee will serve one-year terms. Successive terms are permissible.
D. 
Organization. The members of the Administrative Code Committee shall elect annually from its membership a Chair and a Vice Chair.
E. 
Duties. The Administrative Code Committee shall propose amendments to the Administrative Code either on its own initiative or at the request of the Board of Selectmen.
The River Committee, established by the interlocal agreement among Kennebunkport and Kennebunk, shall be responsible for all Kennebunk River harbor activities as set forth in the agreement, Chapter 80, Kennebunk River, and as otherwise required by law.
A. 
Composition. The Zoning Board of Appeals shall consist of seven members.
B. 
Appointment. The Board of Selectmen shall appoint the members of the Zoning Board of Appeals.
C. 
Terms. Members of the Zoning Board of Appeals shall serve three-year terms, which shall be staggered. Members are limited to serving three full, consecutive terms. Reappointment may occur after a one-year period of nonservice. The Board of Selectmen may, despite the term limitations in this section and for good cause shown, appoint a member for an additional one year of service beyond the three consecutive terms.
D. 
Organization. The members of the Zoning Board of Appeals shall elect annually from its membership a Chair, a Vice Chair and a recorder. The Board may adopt such further procedures as may be necessary for its organization.
E. 
Powers and duties. The powers and duties of the Zoning Board of Appeals shall be as prescribed by Chapter 240, Land Use, and the statutes of the State of Maine. Members shall attend and complete a training session for Zoning Board of Appeals members sponsored by the Maine Municipal Association in their first year of service and in their sixth year of service.
A. 
Composition. The Budget Board shall consist of 12 members.
B. 
Appointment. The Moderator of the Town Meeting shall appoint four members to the Budget Board each year.
C. 
Terms. Members of the Budget Board shall serve for terms of three years. Any vacancies arising in the Budget Board for any reason shall be filled by the Moderator of the preceding Town Meeting by appointment for the unexpired term.
D. 
Qualifications. No member of the Board of Selectmen or the School Committee or any department head with financial responsibility, or the spouses of any of the aforementioned persons, shall serve on the Budget Board.
E. 
Organization. The members of the Budget Board shall elect a Chair, Vice Chair and Secretary at the first Budget Board meeting after the Annual Town Meeting.
F. 
Meetings. The Budget Board shall meet to review receipts and expenditures at the call of the Chair.
G. 
Duties. The Budget Board shall consider any and all financial questions for the purpose of making reports and recommendations to the Town. The Chair of the Budget Board and the Town Manager shall establish budgetary guidelines and shall prepare a budget calendar for budgetary preparation and review. The Budget Board shall review all budget proposals submitted and make recommendations. These recommendations shall be included in the warrant for consideration at the Annual or Special Town Meetings.
H. 
Prerogatives. The Budget Board or any subcommittee of the Budget Board may call upon department heads or any persons requesting Town funds for assistance on information during the budget review process.
A. 
Composition. The Conservation Commission shall be composed of five or more members.
B. 
Appointment. The Board of Selectmen shall appoint members of the Conservation Commission.
C. 
Terms. The terms of office initially shall be one, two, and three years, such that the terms of approximately 1/3 of the members shall expire each year, or until the appointment of their successors, and their successors shall be appointed for terms of three years each. Any Commissioner presently serving a term greater than three years may serve until his term expires. The appointment of his successor shall be for a term of three years.
D. 
Organization. The Conservation Commission shall elect one of its members annually to be Chair.
E. 
Duties. The duties of the Conservation Commission shall be those prescribed by the Board of Selectmen and any other duties prescribed by ordinances of the Town or statute.
A. 
Composition. The Sidewalk Committee shall be composed of three or more members.
B. 
Appointment. The Board of Selectmen shall appoint the members of the Sidewalk Committee.
C. 
Terms. The members of the Sidewalk Committee shall serve for terms of one year.
D. 
Organization. The members of the Sidewalk Committee shall elect annually from its membership a Chair, a Vice Chair, and a Secretary.
E. 
Duties. The Sidewalk Committee shall advise the Board of Selectmen on all matters concerning the construction and maintenance of sidewalks in the Town of Kennebunkport.
A. 
Composition. The Shade Tree Committee shall consist of three or more members.
B. 
Appointment. The Board of Selectmen shall appoint the members of the Shade Tree Committee. The Town Tree Warden shall be an ex officio member of the Committee.
C. 
Terms. The members of the Shade Tree Committee shall serve for terms of one year.
D. 
Organization. The members of the Shade Tree Committee shall elect annually from its membership a Chair and a Secretary. The Shade Tree Committee may adopt such procedures as it deems necessary for its own organization.
E. 
Duties. The Shade Tree Committee shall be charged with regulating the planting, protection, maintenance and removal of shade trees in the Town rights-of-way and easements. This work shall be done in cooperation with the property owners, public agencies, and local and state officials. The improvement and preservation of shade trees shall follow the standard policies and specifications of state and national organizations with modifications to suit local conditions and the recommendations of the Committee.
A. 
Composition. The Board of Assessment Review shall consist of five members and two alternate members.
B. 
Appointment. The Board of Selectmen shall appoint the members of the Board of Assessment Review.
C. 
Terms. The members of the Board of Assessment Review shall serve for three years each or until their successors are appointed, except that for transition purposes, initial terms shall be staggered. Members are limited to serving three full, consecutive terms. Reappointment may occur after a one-year period of nonservice. The Board of Selectmen may, despite the term limitations in this section and for good cause shown, appoint a member for an additional one year of service beyond the three consecutive terms.
D. 
Organization. The members of the Board of Assessment Review shall elect annually from its membership a Chair and a Secretary.
E. 
Powers and duties. Pursuant to 30-A M.R.S.A. § 2526, Subsection 6, and other applicable statutes, the Board of Assessment Review shall hear and decide all appeals properly taken from the refusal of the Municipal Assessor to make such property tax abatements as are asked for. Members shall attend and complete a training session for Assessment Review Board members sponsored by the Maine Municipal Association in their first year of service and in their sixth year of service.
F. 
Regulations. The Board of Assessment Review may adopt such procedures for the conduct of its business as are consistent with ordinances of the Town and statute. The Board may take such evidence and testimony as it deems necessary and may grant such abatements as it thinks proper. The Board's decisions may be appealed in accordance with 36 M.R.S.A. § 843.