KITTERY TOWN COUNCIL
October 10, 2007 Council Chamber
1. CALL TO ORDER
Chairman Glenn Shwaery called the meeting to order at 7:00 p.m.
2. INTRODUCTORY
Chairman Shwaery read the Introductory.
3. PLEDGE OF ALLEGIANCE
The Chair led those present in the Pledge of Allegiance.
4. ROLL CALL
Answering the roll were Councilors Jeff Brake, Matt Brock, Frank Dennett, Jeff Thomson and Chairman Glenn Shwaery. Also present were Acting Town Manager Maryann Place, Courtney Edwards, George Dow, Recorder Chris Kudym, members of the press and others.
5. ACCEPTANCE OF MINUTES
The Minutes of September 24, 2007 were accepted, as read.
6. INTERVIEWS FOR PLANNING BOARD, ZONING BOARD OF APPEALS AND/OR CABLE TELEVISION RATE REGULATION BOARD
Chairman Shwaery stated they had tried to schedule an interview for the Zoning Board of Appeals but the applicant had been unable to clear his schedule. That interview will be held at Council's next meeting, October 22, 2007.
7. PUBLIC HEARINGS
a. (100107-1) THE KITTERY TOWN COUNCIL MOVES TO HOLD A PUBLIC HEARING ON AND APPROVE THE RENEWAL APPLICATION FROM COASTLINE GOLF & SPORT, LLC, 109 ISLAND BEACH ROAD, WELLS, ME, FOR A MALT, SPIRITUOUS AND VINOUS LIQUOR LICENSE FOR COASTLINE GOLF & SPORT, 506 US ROUTE 1, KITTERY.
Chairman Shwaery said this item had been advertised in the local papers on October 1, 2007 and opened the Public Hearing. Hearing no response, the Chair closed the Public Hearing.
CHAIRMAN SHWAERY MOVED TO APPROVE THE RENEWAL APPLICATION FROM COASTLINE GOLF & SPORT, LLC, 109 ISLAND BEACH ROAD, WELLS, ME, FOR A MALT, SPIRITUOUS AND VINOUS LIQUOR LICENSE FOR COASTLINE GOLF & SPORT, 506 US ROUTE 1, KITTERY, SECONDED BY COUNCILOR BRAKE.
A ROLL CALL VOTE WAS TAKEN, WITH ALL IN FAVOR. MOTION PASSES 5/0.
b. (100107-2) THE KITTERY TOWN COUNCIL MOVES TO HOLD A PUBLIC HEARING ON AND APPROVE THE APPLICATION FROM DIVINE CUISINES, LLC, 2 GOVERNMENT STREET, FOR A VICTUALERS LICENSE FOR DIVINE CUISINES, 2 GOVERNMENT STREET, KITTERY.
Chairman Shwaery opened the Public Hearing and receiving no response, closed the Public Hearing.
COUNCILOR THOMSON MOVED TO APPROVE THE APPLICATION FROM DIVINE CUISINES, LLC, 2 GOVERNMENT STREET, FOR A VICTUALERS LICENSE FOR DIVINE CUISINES, 2 GOVERNMENT STREET, KITTERY, SECONDED BY CHAIRMAN SHWAERY.
A ROLL CALL VOTE WAS TAKEN, WITH ALL IN FAVOR. MOTION PASSES 5/0.
8. DISCUSSION
a. DISCUSSION BY MEMBERS OF THE PUBLIC (Three minutes per person)
Courtney Edwards of 9 Payne Road, Kittery Point, came to the podium on behalf of the Project Graduation Committee and handed Council a copy of their map, as well as the information sheet that would be handed to people as they passed through the toll.
George Dow of Kittery Point came forward regarding the toll and said that, as a citizen of the Town, he would vote in favor of it as they had done for many other projects.
b. CHAIRPERSON'S RESPONSE TO PUBLIC COMMENTS
Chairman Shwaery noted that this was an Agenda item so they would be discussing it later but thanked Ms. Edwards for the map and the flier.
9. UNFINISHED BUSINESS
Councilor Thomson wanted to make Council aware that he had been working on some possible changes to the Yard Sale Ordinance and hoped to present it for Council review shortly.
Councilor Thomson also said they were in receipt of the requested school enrollment information and noted that they had 25 fewer students enrolled at the opening of school this year than they had last year, with no changes in staffing; they had, in fact, added staff. The Chair noted that Councilor Brake had asked whether or not the Special Ed. students were included in the enrollment numbers and Councilor Thomson replied he would have to assume they were. The Chair then thanked Councilor Thomson for working on changes to the Ordinance.
10. NEW BUSINESS
a. (100107-3) THE KITTERY TOWN COUNCIL MOVES TO APPROVE THE REQUEST FROM PROJECT GRADUATION TO HOLD A VOLUNTARY TOLLBOOTH FUNDRAISER AT THE SOLID WASTE TRANSFER STATION ON SATURDAY, OCTOBER 13, FROM 9:00 A.M. UNTIL
3:00 P.M.
COUNCILOR BRAKE MOVED TO APPROVE THE REQUEST FROM PROJECT GRADUATION TO HOLD A VOLUNTARY TOLLBOOTH FUNDRAISER AT THE SOLID WASTE TRANSFER STATION ON SATURDAY, OCTOBER 13, FROM
9:00 A.M. UNTIL 3:00 P.M., SECONDED BY CHAIRMAN SHWAERY.
Councilor Thomson stated that, as he had done last year, he would vote in the negative on this request not because he didn't believe Project Graduation was a noble project but because he did not view this venue as being appropriate fund raising.
Councilor Brock said, with the accommodation of a "pass-through" lane for those who did not wish to contribute, he thought this was reasonable and would support it.
A ROLL CALL VOTE WAS TAKEN, AS FOLLOWS: FOUR IN FAVOR; ONE OPPOSED. MOTION PASSES 4/1, WITH COUNCILOR THOMSON OPPOSED.
b. (100107-4) THE KITTERY TOWN COUNCIL MOVES TO APPROVE THE DISBURSEMENT WARRANTS.
Chairman Shwaery noted the following warrant:
Warrant No. 28 Town Accounts Payable $855,895.81
Because of the holiday, the Chair said there were no school warrants but Councilor Thomson had reviewed and signed them.
COUNCILOR DENNETT MOVED TO APPROVE THE DISBURSEMENT WARRANTS, SECONDED BY CHAIRMAN SHWAERY.
A ROLL CALL VOTE WAS TAKEN, WITH ALL IN FAVOR. MOTION PASSES 5/0.
c. (100107-5) THE KITTERY TOWN COUNCIL MOVES TO SET A PUBLIC HEARING DATE TO REPEAL APPENDICES A, B AND C OF THE GENERAL ASSISTANCE ORDINANCE, WHICH BECAME EFFECTIVE OCTOBER 1, 2006, AND ADOPT REVISED APPENDICES A, B AND C, EFFECTIVE OCTOBER 1, 2007.
COUNCILOR THOMSON MOVED THE DATE OF OCTOBER 22, 2007 FOR A PUBLIC HEARING TO REPEAL APPENDICES A, B AND C OF THE GENERAL ASSISTANCE ORDINANCE, WHICH BECAME EFFECTIVE OCTOBER 1, 2006, AND ADOPT REVISED APPENDICES A, B AND C, EFFECTIVE OCTOBER 1, 2007, SECONDED BY COUNCILOR BRAKE.
A ROLL CALL VOTE WAS TAKEN, WITH ALL IN FAVOR. MOTION PASSES 5/0.
d. (100107-6) THE KITTERY TOWN COUNCIL MOVES TO APPOINT DENNIS FITZGERALD TO THE REGISTRATION APPEALS BOARD UNTIL OCTOBER 10, 2010, AS NOMINATED BY THE DEMOCRATIC COMMITTEE.
COUNCILOR THOMSON MOVED THE APPOINTMENT OF DENNIS FITZGERALD TO THE REGISTRATION APPEALS BOARD UNTIL OCTOBER 10, 2010, AS NOMINATED BY THE DEMOCRATIC COMMITTEE, SECONDED BY COUNCILOR BRAKE.
A ROLL CALL VOTE WAS TAKEN, WITH ALL IN FAVOR. MOTION PASSES 5/0.
e. (100107-7) THE KITTERY TOWN COUNCIL MOVES TO APPOINT R. MICHAEL HUMISTON TO THE REGISTRATION APPEALS BOARD UNTIL OCTOBER 10, 2010, AS NOMINATED BY THE REPUBLICAN COMMITTEE.
CHAIRMAN SHWAERY MOVED THE APPOINTMENT OF R. MICHAEL HUMISTON TO THE REGISTRATION APPEALS BOARD UNTIL OCTOBER 10, 2010, AS NOMINATED BY THE REPUBLICAN COMMITTEE, SECONDED BY COUNCILOR BRAKE.
A ROLL CALL VOTE WAS TAKEN, WITH ALL IN FAVOR. MOTION PASSES 5/0.
f. (100107-8) THE KITTERY TOWN COUNCIL MOVES TO SET A DATE TO HOLD A PUBLIC HEARING FOR THE PURPOSE OF AMENDING THE FY07-08 BUDGET ORDINANCE, PASSED ON JUNE 25TH TO REFLECT THE ACTUAL COUNTY BUDGET APPROPRIATION ALLOCATED FOR THE COUNTY TAX, A REDUCTION OF $13,409.
CHAIRMAN SHWAERY MOVED THE DATE OF OCTOBER 22, 2007 FOR A PUBLIC HEARING FOR THE PURPOSE OF AMENDING THE FY07-08 BUDGET ORDINANCE, PASSED ON JUNE 25TH TO REFLECT THE ACTUAL COUNTY BUDGET APPROPRIATION ALLOCATED FOR THE COUNTY TAX, A REDUCTION OF $13,409, SECONDED BY COUNCILOR THOMSON.
A ROLL CALL VOTE WAS TAKEN, WITH ALL IN FAVOR. MOTION PASSES 5/0.
g. (100107-9) THE KITTERY TOWN COUNCIL MOVES TO APPOINT JOYCE TOBEY AS WARDEN, SANDRA LUTTS AS DEPUTY WARDEN, AND THE OPENING OF THE POLLS AT
8:00 A.M., WITH A CLOSING TIME OF 8:00 P.M., FOR THE NOVEMBER 6TH MUNICIPAL ELECTION, AS RECOMMENDED BY THE TOWN CLERK.
COUNCILOR THOMSON MOVED THE APPOINTMENTS OF JOYCE TOBEY AS WARDEN, SANDRA LUTTS AS DEPUTY WARDEN, AND THE OPENING OF THE POLLS AT 8:00 A.M., WITH A CLOSING TIME OF 8:00 P.M., FOR THE NOVEMBER 6TH MUNICIPAL ELECTION, AS RECOMMENDED BY THE TOWN CLERK, SECONDED BY COUNCILOR BRAKE.
Councilor Brock noted that the polls would be located at the Shapleigh School's gymnasium.
A ROLL CALL VOTE WAS TAKEN, WITH ALL IN FAVOR. MOTION PASSES 5/0.
h. (100107-10) THE KITTERY TOWN COUNCIL MOVES TO SIGN THE MUNICIPAL WARRANTS FOR THE NOVEMBER 6, 2007 MUNICIPAL ELECTION.
COUNCILOR BRAKE MOVED TO SIGN THE MUNICIPAL WARRANTS FOR THE NOVEMBER 6, 2007 MUNICIPAL ELECTION, SECONDED BY CHAIRMAN SHWAERY.
A ROLL CALL VOTE WAS TAKEN, WITH ALL IN FAVOR. MOTION PASSES 5/0.
i. OTHER
11. COMMITTEE AND OTHER REPORTS
a. COMMUNICATIONS FROM THE CHAIRPERSON
Chairman Shwaery said he believed all of Council had received at least one letter regarding the closing of the Kittery Youth Organization and that letter had perhaps indicated that the Town had not really contributed in any way. Information had been sent to the author of that letter indicating that the Town had participated in two matching grants. The Chair thought that Council was certainly willing to do what it could if something came up in the near future and looked forward to anyone coming forward with ideas to continue that program.
b. TOWN MANAGER'S REPORT
Acting Town Manager Maryann Place referred to an update on a liquor license application from Penn Concessions that indicated they were withdrawing the application at present but may come back in the spring. Chairman Shwaery noted there had also been a question about the square footage and if the application came back, that would have to be resolved.
Acting Manager Place thanked everyone involved in the Coastal Cleanup on Saturday, September 22nd.
The Acting Manager indicated that there was an update on Fuel & More in Council's packets.
Acting Manager Place stated that there would be a Candidate's Forum held on Wednesday,
October 17, at 6:30 p.m. in the Council Chambers. That Forum would be broadcast the next evening, with the possibility of other broadcast times.
Councilor Thomson asked if the format of the Forum had been determined as far as who would moderate? The Acting Manager said she did not know but that the Principal of Traip had been working on it, as well as working with Town Manager Carter.
c. COMMITTEE REPORTS
12. ADJOURNMENT
COUNCILOR THOMSON MOVED TO ADJOURN, SECONDED BY COUNCILOR BRAKE, WITH ALL IN FAVOR.
MEETING ADJOURNED: 7:23 P.M.
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