KITTERY TOWN COUNCIL
May 12, 2008 Council Chamber
1. CALL TO ORDER
Chairman Jeffrey Thomson called the meeting to order at 6:00 p.m.
2. INTRODUCTORY
Chairman Thomson 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 Jeffery Brake, Frank Dennett, George Dow, Glenn Shwaery, Vice Chair Judith Spiller and Chairman Jeffrey Thomson. Also present were Town Manager Jonathan Carter, Town Clerk Maryann Place, Town Planner Sandra Mowery, Planning Board Chair Russell White, Police Chief Edward Strong, Forrest Bell, Don Kale, Atty. Derwood Parkinson, Recorder Chris Kudym, members of the press and others.
5. EXECUTIVE SESSIONS
a. THE KITTERY TOWN COUNCIL MOVES TO HOLD AN EXECUTIVE SESSION WITH THE TOWN ATTORNEY, TOWN MANAGER, STEPHEN TAPLEY, SUPERINTENDENT OF SEWER SERVICES AND MARK THOMPSON, SEA CONSULTANTS, TO DISCUSS AND REVIEW THE SEWER CONTRACT FOR THE TOWN OF ELIOT, IN ACCORDANCE WITH 1 M.R.S. §405(6)(E).
b. THE KITTERY TOWN COUNCIL MOVES TO HOLD AN EXECUTIVE SESSION WITH THE TOWN MANAGER, JANICE GRADY, RECREATION DIRECTOR, ROBERT GUAY, CHAIRMAN, CCBC, AND THE TOWN ATTORNEY TO DISCUSS THE APPEAL OF THE SUPERIOR COURT DECISION ON THE COMMUNITY CENTER, IN ACCORDANCE WITH 1 M.R.S. §405(6)(E).
COUNCILOR DENNETT MOVED TO OPEN EACH OF THESE EXECUTIVE SESSIONS, SECONDED BY COUNCILOR SHWAERY, WITH ALL IN FAVOR.
Council came out of Executive Session, returning to Chambers at 7:06 p.m. No recommendations were made regarding the matters discussed within the Executive Sessions. Chairman Thomson noted for the public that Council's opening and roll call had taken place approximately one hour earlier.
6. ACCEPTANCE OF MINUTES
The Minutes of April 28, 2008 were accepted, as amended.
7. INTERVIEWS FOR PLANNING BOARD, ZONING BOARD OF APPEALS AND/OR CABLE TELEVISION RATE REGULATION BOARD: Craig Wilson and Dan Arbo (replacing the un-expired term of Sarah Brown until November 1, 2009)
This item was put aside to await Mr. Arbo's arrival.
8. THE KITTERY TOWN COUNCIL MOVES TO HEAR AN UPDATE/PRESENTATION BY THE SPRUCE CREEK ASSOCIATION AND FORREST BELL ON THE WATERSHED MANAGEMENT PLAN AND THE 319 WORK PLAN.
Mr. Forrest Bell came to the podium and told Council he owned a small consulting firm in Portland and had been working with the Town of Kittery and the Spruce Creek Association for the last nine months or so. He then narrated a slide presentation summarizing the Plan they had put together. Mr. Bell also stated that a Manager/Administrator had recently been hired to manage the 319 Grant that the Town had been awarded and that everything was now in place to begin the process.
Town Manager Carter wanted to recognize Don Kale, who was the Town's DEP Project Manager for Town programs. The Manager said that Mr. Kale had been with the Town for several years and would be overseeing how this project turned out.
Chairman Thomson received Council consensus to take up Item 12.f.
12. f. [Heard out of order] (050108-10) THE KITTERY TOWN COUNCIL MOVES TO ACCEPT THE RESIGNATION OF SARAH BROWN FROM THE ZONING BOARD OF APPEALS, WITH REGRET.
VICE CHAIR SPILLER MOVED TO ACCEPT THE RESIGNATION OF SARAH BROWN FROM THE ZONING BOARD OF APPEALS AND TO HAVE CORRESPONDENCE BE FORWARDED THANKING MS. BROWN FOR HER SERVICE TO THE COMMUNITY, SECONDED BY COUNCILOR SHWAERY.
A ROLL CALL VOTE WAS TAKEN, WITH ALL IN FAVOR. MOTION PASSES 6/0.
7. [Heard out of order] INTERVIEWS FOR PLANNING BOARD, ZONING BOARD OF APPEALS AND/OR CABLE TELEVISION RATE REGULATION BOARD: Craig Wilson and Dan Arbo (replacing the un-expired term of Sarah Brown until November 1, 2009)
COUNCILOR SHWAERY MOVED TO APPOINT CRAIG WILSON TO OCCUPY THE VACANCY ON THE ZONING BOARD OF APPEALS, SECONDED BY VICE CHAIR SPILLER.
A ROLL CALL VOTE WAS TAKEN, AS FOLLOWS: FIVE IN FAVOR; ONE OPPOSED. MOTION PASSES 5/1, WITH CHAIRMAN THOMSON OPPOSED.
CHAIRMAN THOMSON MOVED TO APPOINT DAN ARBO TO OCCUPY THE VACANCY ON THE ZONING BOARD OF APPEALS, SECONDED BY COUNCILOR DENNETT.
A ROLL CALL VOTE WAS TAKEN, AS FOLLOWS: TWO IN FAVOR; FOUR OPPOSED. MOTION FAILS, 2/4, WITH COUNCILORS DENNETT, DOW, SHWAERY AND VICE CHAIR SPILLER OPPOSED.
9. PUBLIC HEARINGS
a. (050108-1) THE KITTERY TOWN COUNCIL MOVES TO HOLD A PUBLIC HEARING ON AND APPROVE THE APPLICATION FROM CHRISTOPHER EAGER, 25 BADGERS ISLAND WEST, KITTERY, FOR A VICTUALERS LICENSE FOR BADGERS ISLAND LOBSTER COMPANY, 25 BADGERS ISLAND WEST TO BE LOCATED AT THE KITTERY PREMIUM OUTLETS (1),
294 ROUTE ONE, KITTERY.
Chairman Thomson stated that this item was published in the local media on Friday, May 9, 2008 and opened the Public Hearing. Not receiving a response, the Chair closed the Public Hearing.
VICE CHAIR SPILLER MOVED TO APPROVE THE APPLICATION FROM CHRISTOPHER EAGER, 25 BADGERS ISLAND WEST, KITTERY, FOR A VICTUALERS LICENSE FOR BADGERS ISLAND LOBSTER COMPANY, 25 BADGERS ISLAND WEST TO BE LOCATED AT THE KITTERY PREMIUM OUTLETS (1), 294 ROUTE ONE, KITTERY, SECONDED BY COUNCILOR SHWAERY.
A ROLL CALL VOTE WAS TAKEN, WITH ALL IN FAVOR. MOTION PASSES 6/0.
b. (050108-2) THE KITTERY TOWN COUNCIL MOVES TO HOLD A PUBLIC HEARING ON AND HEREBY ORDAINS AMENDMENTS TO: CONSERVATION COMMISSION,
SEC. 2.12.040, MEMBERSHIP; PARKS COMMISSION, SEC. 2.13,040, MEMBERSHIP;
SEC. 2.16.020, BOARD OF TRUSTEES OF TRUST FUNDS, MEMBERSHIP; PERSONNEL BOARD, SEC. 2.20.030, ADMINISTRATION, (B); CABLE TELEVISION RATE REGULATION BOARD,
SEC. 5.12.040; SHELLFISH CONSERVATION COMMITTEE, SEC. 12.16.030, CONCERNING COUNCIL APPOINTMENTS AND MEMBERS SERVING UNTIL THEIR SUCCESSORS ARE APPOINTED AND QUALIFIED, AS WELL AS NEW LANGUAGE; CHAPTER 2.18, BOARD OF ASSESSMENT REVIEW CONCERNING CREATION/POWERS AND MEMBERSHIP, IN ADDITION TO AMENDMENTS TO SEC. 16.04.040, PLANNING BOARD (A), APPOINTMENT AND COMPOSITION (3) AND (9); AND SEC. 16.04.050, ZONING BOARD OF APPEALS, (A), APPOINTMENT AND COMPOSITION, (3) AND (7).
Chairman Thomson explained that this would change language in the appointments process so Council would not be bound if a term was ending and a meeting was happening so the time of the term could be extended until a successor was named. Councilor Dennett noted the caveat that the option of continuing until a successor was appointed would lie with the person. The Chair then opened the Public Hearing and not receiving a response, closed the Public Hearing.
COUNCILOR DENNETT MOVED THE ITEM WITH THE EXCEPTION OF THE PLANNING BOARD AND ZONING BOARD OF APPEALS PROVISIONS, SECONDED BY COUNCILOR SHWAERY.
A ROLL CALL VOTE WAS TAKEN, WITH ALL IN FAVOR. MOTION PASSES 6/0.
c. (050108-3) THE KITTERY TOWN COUNCIL MOVES TO HOLD A PUBLIC HEARING ON AND APPROVE THE RENEWAL APPLICATION FROM BADGER ISLAND PIZZERIA, INC.,
3 ISLAND AVENUE, FOR A MALT AND VINOUS LIQUOR LICENSE FOR BADGER ISLAND PIZZERIA, 3 ISLAND AVENUE, KITTERY.
Chairman Thomson opened the Public Hearing and not receiving a response, closed the Public Hearing.
COUNCILOR DOW MOVED TO APPROVE THE RENEWAL APPLICATION FROM BADGER ISLAND PIZZERIA, INC., 3 ISLAND AVENUE, FOR A MALT AND VINOUS LIQUOR LICENSE FOR BADGER ISLAND PIZZERIA, 3 ISLAND AVENUE, KITTERY, SECONDED BY COUNCILOR BRAKE.
A ROLL CALL VOTE WAS TAKEN, WITH ALL IN FAVOR. MOTION PASSES 6/0.
d. (050108-4) THE KITTERY TOWN COUNCIL MOVES TO HOLD A PUBLIC HEARING ON AND APPROVE THE RENEWAL APPLICATION FROM ROBERT'S MAINE GRILL, LLC,
326 U.S. ROUTE ONE, KITTERY, FOR A MALT, SPIRITUOUS AND VINOUS LIQUOR LICENSE FOR ROBERT'S MAINE GRILL AND MARKET, 326 U.S. ROUTE ONE.
Chairman Thomson opened the Public Hearing and not receiving a response, closed the Public Hearing.
VICE CHAIR SPILLER MOVED TO APPROVE THE RENEWAL APPLICATION FROM ROBERT'S MAINE GRILL, LLC, 326 U.S. ROUTE ONE, KITTERY, FOR A MALT, SPIRITUOUS AND VINOUS LIQUOR LICENSE FOR ROBERT'S MAINE GRILL AND MARKET, 326 U.S. ROUTE ONE, SECONDED BY COUNCILOR SHWAERY.
A ROLL CALL VOTE WAS TAKEN, WITH ALL IN FAVOR. MOTION PASSES 6/0.
10. DISCUSSION
a. DISCUSSION BY MEMBERS OF THE PUBLIC (Three minutes per person)
b. CHAIRPERSON'S RESPONSE TO PUBLIC COMMENTS
11. UNFINISHED BUSINESS
a. THE KITTERY TOWN COUNCIL MOVES TO HEREBY ORDAIN AMENDMENTS TO THE LAND USE & DEVELOPMENT CODE TO ADD SEC. 16.12.105, BUSINESS PARK (BP) ZONING DISTRICT AND AMEND THE OFFICIAL ZONING MAP; TO ADD ARTICLE I, MASTER DEVELOPMENT PLAN, SECTIONS 16.30.010 THROUGH 16.30.060 AND TO AMEND SECTION 16.08.020, DEFINITIONS; CHAPTER 16.32, DESIGN AND PERFORMANCE STANDARDS, SECTIONS 16.32.645 THROUGH 16.32.700, AND CHAPTER 16.36, DEVELOPMENT APPLICATION AND REVIEW, SECTION 16.36.080, AS RECOMMENDED BY THE PLANNING BOARD AND REVIEWED BY COUNCILOR DENNETT AND COUNCILOR SHWAERY.
Town Planner Mowery came to the podium and discussion ensued concerning the clarity of the revisions and the elimination of language concerning multiple zoning districts.
Atty. Derwood Parkinson came forward to ask the Council to take a serious look at the proposed changes concerning open space; in his opinion, this was a substantive change, especially when seen in the context of a cluster development.
Planning Board Chair Russell White suggested they bring the proposed amendments back to Council after another review of those concerns. After further discussion, it was decided that the amendments would be looked at further and then brought back to Council for action.
b. THE KITTERY TOWN COUNCIL MOVES TO RECONSIDER ITS VOTE TAKEN ON APRIL 28TH TO AMEND CHAPTER 2.24, PERSONNEL POSITION - CLASSIFICATION PLAN, TO REPEAL SEC. 2.24.040, DEPUTY TREASURER/DEPUTY TAX COLLECTOR JOB DESCRIPTION.
VICE CHAIR SPILLER MOVED THAT COUNCIL RECONSIDER ITS VOTE TAKEN ON APRIL 28TH TO AMEND CHAPTER 2.24, PERSONNEL POSITION - CLASSIFICATION PLAN, TO REPEAL SEC. 2.24.040, DEPUTY TREASURER/ DEPUTY TAX COLLECTOR JOB DESCRIPTION, SECONDED BY CHAIRMAN THOMSON.
Councilor Shwaery asked that if the new position would incorporate most of the duties of the Deputy Treasurer/Tax Collector, why would there be two positions doing the same job? Town Manager Carter explained that the new Finance Director had a much higher level of concentration. However, due to the grievance that had been filed, they decided to bring back the position in order to have an even playing field for them to work through that grievance.
Councilor Dennett asked that the Manager publicly acknowledge that Council had removed this job description at his request and they were now being asked to reconsider at his request. Town Manager Carter acknowledged that Councilor Dennett's statement was correct.
Councilor Shwaery asked if the new position was filled, would it still be on a cost-neutral basis, regardless of the outcome of the grievance? The Manager replied that it would because, based on the outcome of the grievance, they would either have one position or the other.
A ROLL CALL VOTE WAS TAKEN, WITH ALL IN FAVOR. MOTION PASSES 6/0.
c. OTHER
Chairman Thomson asked if there was some re-work on the Sign Ordinance being done and the Manager replied that there had been a start but it wasn't progressing very fast.
12. NEW BUSINESS
a. (050108-5) THE KITTERY TOWN COUNCIL MOVES TO ACCEPT THE GRANT FROM THE STATE OF MAINE FOR IRIS SCANNING EQUIPMENT FOR THE KITTERY POLICE DEPARTMENT USED FOR THE PURPOSE OF IDENTIFICATION.
Police Chief Edward Strong came to the podium and explained that this was a new technology that would be used more routinely in the future and was 10 to 15 times more effective than fingerprinting. The Chief said they planned to begin with children in school, noting that the equipment had a built-in system whereby juveniles whose parents had brought them in to do this, would automatically have that record deleted at age 18. He noted that the equipment was portable and great for use with Alzheimer's patients who couldn't identify themselves. The Chief said that they were one of only 12 police stations to receive this grant and they would be sharing the equipment with surrounding communities.
COUNCILOR SHWAERY MOVED TO ACCEPT THE GRANT FROM THE STATE OF MAINE FOR IRIS SCANNING EQUIPMENT FOR THE KITTERY POLICE DEPARTMENT USED FOR THE PURPOSE OF IDENTIFICATION, SECONDED BY COUNCILOR BRAKE.
A ROLL CALL VOTE WAS TAKEN, WITH ALL IN FAVOR. MOTION PASSES 6/0.
b. (050108-6) THE KITTERY TOWN COUNCIL MOVES TO APPROVE AND SIGN AN AGREEMENT WITH THE MAINE DEPARTMENT OF TRANSPORTATION PERMITTING THE CONTRACTOR FOR THE ROUTE 1 SOUTH RECONSTRUCTION PROJECT, BEGINNING ON ROUTE ONE AT THE INTERSECTION OF WALKER ST. AT STA. 48+1 AND ENDING AT THE KITTERY ROTARY STA. 92+50 OF THE CONSTRUCTION CENTERLINE PLUS APPROACHES (PROJECT #STP-1158(400)X), TO TRANSPORT CONSTRUCTION EQUIPMENT AND HAUL LOADS THAT EXCEED LIMITS TO SOURCES OF CONSTRUCTION MATERIALS OVER MUNICIPAL WAYS REASONABLY WITHIN THE AREA OF THE PROJECT. A COPY OF THIS AGREEMENT IS HEREBY ATTACHED AND BECOMES A PART OF THESE MINUTES.
COUNCILOR DENNETT MOVED TO APPROVE AND SIGN AN AGREEMENT WITH THE MAINE DEPARTMENT OF TRANSPORTATION PERMITTING THE CONTRACTOR FOR THE ROUTE 1 SOUTH RECONSTRUCTION PROJECT, BEGINNING ON ROUTE ONE AT THE INTERSECTION OF WALKER ST. AT
STA. 48+1 AND ENDING AT THE KITTERY ROTARY STA. 92+50 OF THE CONSTRUCTION CENTERLINE PLUS APPROACHES (PROJECT #STP-1158(400)X), TO TRANSPORT CONSTRUCTION EQUIPMENT AND HAUL LOADS THAT EXCEED LIMITS TO SOURCES OF CONSTRUCTION MATERIALS OVER MUNICIPAL WAYS REASONABLY WITHIN THE AREA OF THE PROJECT, SECONDED BY VICE CHAIR SPILLER.
A ROLL CALL VOTE WAS TAKEN, WITH ALL IN FAVOR. MOTION PASSES 6/0.
c. (050108-7) THE KITTERY TOWN COUNCIL MOVES TO APPROVE THE DISBURSEMENT WARRANTS.
Chairman Thomson listed the following warrant articles:
Warrant No. 13 School Nutrition Program $ 17,637.69
Warrant No. 20 School Accounts Payable $ 323,272.15
Warrant No. 10 Dedicated Maintenance Acct. $ 2,580.00
Warrant No. 90 Town Accounts Payable $ 494,838.70
COUNCILOR SHWAERY MOVED TO APPROVE THE DISBURSEMENT WARRANTS, SECONDED BY COUNCILOR BRAKE.
A ROLL CALL VOTE WAS TAKEN, WITH ALL IN FAVOR. MOTION PASSES 6/0.
d. (050108-8) THE KITTERY TOWN COUNCIL MOVES TO APPOINT JOYCE TOBEY AS WARDEN AND SANDRA LUTTS AS DEPUTY WARDEN AND THE OPENING OF THE POLLS AT 8:00 A.M. FOR THE JUNE 10, 2008 STATE AND MUNICIPAL ELECTION, AS RECOMMENDED BY THE TOWN CLERK.
COUNCILOR DOW MOVED TO APPOINT JOYCE TOBEY AS WARDEN AND SANDRA LUTTS AS DEPUTY WARDEN AND TO APPROVE THE OPENING OF THE POLLS AT 8:00 A.M. AND THE CLOSING OF THE POLLS AT 8:00 P.M. FOR THE JUNE 10, 2008 STATE AND MUNICIPAL ELECTION, AS RECOMMENDED BY THE TOWN CLERK, SECONDED BY VICE CHAIR SPILLER.
A ROLL CALL VOTE WAS TAKEN, WITH ALL IN FAVOR. MOTION PASSES 6/0.
e. (050108-9) THE KITTERY TOWN COUNCIL MOVES TO SIGN THE MUNICIPAL WARRANTS FOR THE JUNE 10, 2008 MUNICIPAL ELECTION.
VICE CHAIR SPILLER MOVED TO SIGN THE MUNICIPAL WARRANTS FOR THE JUNE 10, 2008 MUNICIPAL ELECTION, SECONDED BY COUNCILOR BRAKE.
A ROLL CALL VOTE WAS TAKEN, WITH ALL IN FAVOR. MOTION PASSES 6/0.
f. [Heard out of order]
g. OTHER
Councilor Shwaery was pleased to see Chief Strong's memo regarding out of state vehicle registration. He also wanted to be proactive concerning parking on Chauncey Creek Road in front of the lobster pier, as well as enforcing the State Statute that all four wheels must be off the pavement, including standing and stopping. Councilor Shwaery also indicated the need to control motorcycle noise levels.
Chairman Thomson noted that he would be unable to attend the annual Memorial Day Parade since he would be out of town at a graduation.
13. COMMITTEE AND OTHER REPORTS
a. COMMUNICATIONS FROM THE CHAIRPERSON
b. TOWN MANAGER'S REPORT
Town Manager Carter stated that Council approval was given to Odyssey of the Mind fund-raising efforts and they were presently involved in trying to raise $7,000 to take the teens that won the State Championship to Maryland for the National Competitions.
The Memorial Day Parade would begin at 9:00 a.m. on May 24th. Chairman of the Parade, Alan Carter, traditionally received Council approval for the Parade.
CHAIRMAN THOMSON MOVED TO APPROVE AND ENDORSE THE ANNUAL MEMORIAL DAY PARADE TO STEP OFF AT 9:00 A.M., MAY 24, 2008 ON WALKER STREET AND FOLLOWING THE PRESCRIBED ROUTE, SECONDED BY COUNCILOR SHWAERY.
A ROLL CALL VOTE WAS TAKEN, WITH ALL IN FAVOR. MOTION PASSES 6/0.
Town Manager Carter stated that they would be opening up the State-wide fuel bids next week on the 20th and they would have to make a decision at that time, within a couple of hours; he would report to Council at the next meeting.
Concerning the Memorial Bridge and Sarah Long Bridge, the NH DOT released a notice that the Memorial Bridge would open at 30-minute intervals on the hour and half hour from 7:00 a.m. to 7:00 p.m. starting on May 15th; the Sarah Long Bridge would be open at 30-minute intervals, 15 minutes before and 15 minutes after the hour, also from 7:00 a.m. to 7:00 p.m. This schedule would continue through October 31st.
The Memorial Bridge meeting will be May 29th at 7:00 p.m. in the Portsmouth City Council Chambers and will focus on the large construction project, which will take place over the next two years.
The Manager indicated that if anyone was interested in participating in the MMA Legislative Policy Committee, please let him know.
There were two resignations from the Police Department, one from Patrolman Rick Mauger, effective June 8, 2008 and Bill Hackett was retiring, effective in August. They had also recently received the resignation of the Animal Control Officer.
The Manager wanted to make people aware that the new Ordinance for Seapoint and Crescent Beaches would be in effect from May 15th through September 30th. New signage would be in place stating that those Beaches were restricted to residents only during that time period.
Chairman Thomson commented about the State's notation on the bottom of the June tax bill that stated "Except for State revenue sharing and State education aide, this tax bill would be 6% higher." The Chair noted that it seemed like only yesterday, it was 28% he used to read so it was kind of a sign of the times.
c. COMMITTEE REPORTS
14. ADJOURNMENT
COUNCILOR SHWAERY MOVED TO ADJOURN, SECONDED BY VICE CHAIR SPILLER, WITH ALL IN FAVOR.
MEETING ADJOURNED: 8:32 P.M.
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