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.
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]]
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.
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.
