Select Board Meeting Agenda 08/24/21 Page 1 Michael W. Pardue, Town Manager View this agenda at: www.kennebunkmaine.us/selectboardagendas Meeting can be viewed at Town Hall, on Cable TV Channels 5 or 1302, or at www.townhallstreams.com

Face coverings are required, regardless of vaccination status

KENNEBUNK SELECT BOARD

TUESDAY, AUGUST 24, 2021 – 6:30 P.M.

KENNEBUNK TOWN HALL

3rd FLOOR, ROOM 301

REGULAR MEETING AGENDA

This is a televised Meeting. View meeting on Cable TV Channel 5 or online anytime at www.townhallstreams.com.

1. CALL TO ORDER & PLEDGE OF ALLEGIANCE

2. CONSIDERATION/APPROVAL OF MINUTES

a. Special Meeting of July 20, 2021 (ribbon cutting) View draft minutes (PDF)

MOTION: To approve the minutes of the Special Meeting of July 20, 2021.

b. Regular Meeting of July 20, 2021 View draft minutes (PDF)

MOTION: To approve the minutes of the Regular Meeting of July 20, 2021.

c. Special Meeting of August 18, 2021 (Elected Officials Webinar) View draft minutes (PDF)

MOTION: To approve the minutes of the Special Meeting of August 18, 2021.

3. ITEMS TO BE SIGNED

4. PUBLIC HEARINGS

a. Municipal Officers of the Town of Kennebunk will hold a Public Hearing to act on the following:

An application from Tom’s Original Street Food and Catering d/b/a Trail Dogs

for a Victualer License and a Peddler/Street Vendor License located at 2 Harbor Lane.

Town Manager’s Note (not part of the public hearing notice):

MOTION: To approve the Victualer License and Peddler/Street Vendor License for Original Street Food

and Catering d/b/a Trail Dogs.

5. PUBLIC COMMENTS

6. ACKNOWLEDGEMENTS/ANNOUNCEMENTS

a. Accept the Following Donations:

$100 from The Abigail McMaster Alling 2011 Trust for Kennebunk Fire Rescue.

$10,000 from the Tommy McNamara Charitable Foundation, Inc. for the Skate Park Project

MOTION: To accept the donations and send letters thanking each for their generosity.

Select Board Meeting Agenda 08/24/21 Page 2 Michael W. Pardue, Town Manager View this agenda at: www.kennebunkmaine.us/selectboardagendas Meeting can be viewed at Town Hall, on Cable TV Channels 5 or 1302, or at www.townhallstreams.com

b. New Hires:

Taylor Richardson has been hired full-time as a Firefighter/Paramedic effective August 9th. Taylor

is no stranger to Kennebunk as for the past six years he has served as a per diem member with

Kennebunk Fire Rescue. Prior to his per diem service, Mr. Richardson served with the U.S. Army

and was also a full-time member of Biddeford Fire Department. Taylor has also been an owner /

operator of a fishing charter company.

Tina Radel has been hired as the Town’s first Communications & Marketing Specialist. Prior to

this, throughout much of 2020, Tina worked part-time for the Town, assisting with numerous

communication and survey initiatives. Tina begins her full-time tenure with the Town on August

30th. Ms. Radel has been in the communications field for over 28 years. Prior to working for the

Town of Kennebunk, she was the Marketing & Communications Manager for the City of

Westbrook.

Please join us in welcoming Taylor and Tina!

7. TIME SENSITIVE BUSINESS & STAFF PRESENTATIONS

a. Appointment of a Trustee to the Kennebunk Sewer District – At the July 20th meeting, the Board

discussed the recent Trustee vacancy, created by the resignation of Mark Allenwood. Mr. Allenwood’s

three-year term expires on June 30, 2024. Since that meeting, the vacancy has been advertised and one

application was received:

Patrick Wiley, PhD

We received a letter from the Kennebunk Sewer District asking the Board to give consideration to Dr.

Wiley’s application. Dr. Wiley will be in attendance to respond to questions the Board may have. View supporting material – Letter of Interest/Patrick Wiley (PDF)

View supporting material – Letter of Recommendation from KSD (PDF)

If the Select Board chooses to appoint this candidate, a suggested motion follows.

MOTION: To appoint Patrick Wiley as a Trustee on the Kennebunk Sewer District with a term expiring

on June 30, 2024, to fill the vacancy created by the resignation of Trustee Mark Allenwood.

b. Discuss Boards & Committees

1. Accept a Resignation

o Raymond Ingalls, West Kennebunk Village Committee Regular Member (2022)

Mr. Ingalls would like to continue to serve as a support and resource to the committee and will

attend as his time allows.

MOTION: To accept the resignation of Raymond Ingalls as a Regular Member on the West

Kennebunk Village Committee and send a letter thanking him for his service.

2. Appointment Consideration to the West Kennebunk Village Committee – The following

community members have been invited to attend the meeting to discuss their interest in joining the

West Kennebunk Village Committee. With the resignation of Mr. Ingalls, there will be four

vacancies to fill.

Select Board Meeting Agenda 08/24/21 Page 3 Michael W. Pardue, Town Manager View this agenda at: www.kennebunkmaine.us/selectboardagendas Meeting can be viewed at Town Hall, on Cable TV Channels 5 or 1302, or at www.townhallstreams.com

West Kennebunk Village Committee Number of Vacancies: 4

Each applicant lives in West Kennebunk: (1) Regular (2024), (2) Regular (2023), (1) Regular (2022)

Jonathan Malloy Application received 9/2/20 View supporting material (PDF)

Carly Traub Application received 1/19/21 View supporting material (PDF)

Rebecca Manikian Application received 6/24/21 View supporting material (PDF)

Daniel Guay Application received 8/13/21 View supporting material (PDF)

If the Board chooses to advance all four candidates, they may wish to fill the vacancies in the order

applications were received.

MOTION: To appoint ____________ as a Regular Member on the West Kennebunk Village

Committee for the remainder of a three-year term expiring on June 30, 2024.

MOTION: To appoint ______________and _____________ as Regular Members on the West

Kennebunk Village Committee for the remainder of three-year terms expiring on June 30, 2023.

MOTION: To appoint ______________ as a Regular Member on the West Kennebunk Village

Committee to fill the remainder of Raymond Ingall’s three-year term that expires on June 30, 2022.

3. Appointment Consideration to the Budget Board – The following community member is

interested in joining the Budget Board; however, he is unable to attend the meeting due to a

scheduling conflict.

Budget Board Number of Vacancies: 1

Chris Cluff Application received 8/3/21 Regular (2023)

View supporting material (PDF)

MOTION: To appoint Chris Cluff as a Regular Member on the Budget Board for the remainder of

a three-year term expiring on June 30, 2023.

c. Establish a Community Development Advisory Committee and Appoint Members – Each community

receiving Community Development Block Grant (CDBG) funds must form a Community Development

Advisory Committee (CDAC) to oversee and guide the CDBG project through its planning and

implementation stages. This committee is formally created and appointed by the community’s governing

body and will serve through the completion of the CDBG project. Staff is recommending the appointment

of the following individuals, identified as stakeholders, and who have confirmed their willingness to serve:

Janice Vance (member of Planning Board, Comprehensive Plan Committee, has knowledge and

experience in both and with projects and their process with municipal government)

Stephen Sayers (member of the Zoning Board of Appeals, has legal expertise and experience, and

with complaints and appeals)

Wayne Berry (local builder/developer, has experience and knowledge as a builder and with

affordable housing processes, as well as with the nature of landlord/tenant/housing issues)

Brittany Howard (Town Planner/Staff Liaison)

Karen Winton (Community Development Deputy Director /Staff Liaison)

MOTION: To create a Community Development Advisory Committee for the above purpose stated, for a

duration of time to expire at the completion of the CDBG Special Projects and Housing Assistance project,

and to appoint the above members of the community and staff to serve on the Committee.

Select Board Meeting Agenda 08/24/21 Page 4 Michael W. Pardue, Town Manager View this agenda at: www.kennebunkmaine.us/selectboardagendas Meeting can be viewed at Town Hall, on Cable TV Channels 5 or 1302, or at www.townhallstreams.com

d. Set the Tax Rate for FY2021-2022 – Assessor Dan Robinson is completing the valuation updates and

finalizing the mil rate. Mr. Robinson will provide the tax rate at the meeting. During the Select Board’s

August 10, 2021 Workshop, Finance Director Joel Downs provided a brief overview on the various

components of the mil rate calculation. The components are: RSU 21 assessment, York County

assessment, Kennebunk’s municipal assessment, the tax increment financing districts’ revenue, and the

overlay (up to 5% of the net commitment). Moreover, the Town receives State revenue sharing, homestead

exemption and business equipment tax exemption (BETE) reimbursement funds which are deducted from

the gross tax levy.

The Assessor and Finance Director will be available at the meeting for questions.

View supporting material (PDF)

MOTION: To set the Tax Rate for fiscal year 2021-22 at $_________.

e. Set Tax Due Dates and Interest Rates – Historically, the tax due dates are the first Friday in October and

April. For FY2021-22 those dates are October 1, 2021 and April 1, 2022. The first day of the month is

also one of the busiest days due to expired auto registrations. To reduce the number of people coming into

Town Hall, Finance Director Joel Downs is recommending that the tax due date be extended one week to

Friday, October 8, 2021 and Friday, April 8, 2022.

The maximum allowed interest rate by state law for unpaid delinquent taxes for the coming year ranges

from 4% to up to 6%. Last year, we set the rate at the maximum, which was 8%. State statute allows us to

set the interest rate on tax overpayments to be no lower than four (4) percentage points under the interest

rate charged on delinquent taxes. Therefore, the lowest rate on overpayments for FY2021-22 is 0% to

2%. Generally, interest on overpayments is not paid since any credit balances owed to taxpayers is

refunded after the second payment due date.

The Finance Director is recommending a rate of 6% on unpaid balances past the tax due dates, and 2% on

overpayments.

View supporting material (PDF)

MOTION: To set the Tax Due Dates for FY2021-22 for October 8, 2021 and April 8, 2022 with the

interest rate on delinquent taxes at 6% and the interest rate on overpayments at 2%.

f. Discuss the Following Zoning Boundary Change Being Considered by the Planning Board

Zoning Boundary Change: Village Residential to Upper Square

8 Summer Street

Map 46, Lot 40, 41, and a portion of 42

View supporting material – Zoning Boundary Change (PDF)

Mr. David Trottier, representing 8 Summer Street LLC, purchased the triangle lot (Map 46, Lot 40) behind

8 Summer Street, which was owned by the Town, in June of 2021 (Book 18702, Page 76) as well as some

back land from 10 Summer Street in November of 2020 (Book 18447, Page 802).

The existing property at 8 Summer Street is zoned Upper Square and the acquired properties are zoned

Village Residential. The applicant would like to have all the property zoned Upper Square for consistency

and the proposed use will be an apartment building/s.

Select Board Meeting Agenda 08/24/21 Page 5 Michael W. Pardue, Town Manager View this agenda at: www.kennebunkmaine.us/selectboardagendas Meeting can be viewed at Town Hall, on Cable TV Channels 5 or 1302, or at www.townhallstreams.com

The Planning Board has scheduled a public hearing for Monday, August 23rd at 7:00 p.m. Before this

matter can advance to a Town Meeting, the Select Board must also hold a public hearing.

Chris Osterrieder, Director of Community Development, will be in attendance to advise the Board of the

outcome of the Planning Board’s hearing and to answer any questions the Board may have.

POSSIBLE MOTION: To schedule a Public Hearing for September 14th to receive public comments on

the proposed zoning boundary change listed above.

g. Discuss a Road Acceptance Request for Longfellow Lane in the Poet’s Glen Subdivision – Patco

Construction, Inc. developed a subdivision that was reviewed and approved by the Kennebunk Planning

Board on March 5, 2018 in accordance with the Land Use Ordinance as well as the Street Design and

Construction Ordinance. The developer has presented the requisite materials outlined in Section 8.4.2 of

the Street Design and Construction Ordinance for the proposed road acceptance of Longfellow Lane in the

Poet’s Glen subdivision. The road is located off Ross Road.

The work was inspected by the Town Engineer during construction and has been determined to comply

with the standards set forth in the Ordinance and has submitted the necessary information. Road

acceptances must be approved by a Town Meeting vote.

MOTION: To schedule a Public Hearing for September 14th to receive public comments on the road

acceptance request for Longfellow Lane.

8. OLD BUSINESS

9. NEW BUSINESS

a. Discuss a Remote Meeting and Participation Policy – On June 21, 2021 Governor Janet Mills approved

S.P. 40 - L.D. 32 entitled, “An Act Regarding Remote Participation in Public Proceedings,” a copy of

which is provided in the below link. The Board will discuss this law while considering the accompanying

draft policy that provides for the conditions upon which the Town of Kennebunk Select Board may

conduct a remote meeting, as defined within said policy.

Before this policy can be approved, the Select Board must hold a public hearing.

View supporting material – S.P. 40 - L.D. 32, Act re: Remote Participation (PDF)

View supporting material – Draft Town Policy (PDF)

MOTION: To schedule a Public Hearing for September 14th to receive public comments on this item.

b. Discuss the Roles and Responsibilities of Boards and Committees – The Board will engage in

discussion on ways to effectively enhance the interface and interaction between committees, Select Board

and Town staff.

View supporting material – Town Charter, specifically Enumeration of Powers, section 3.06 (PDF)

View supporting material – Policy for Appointment to Committees (PDF)

c. Discuss Strategic Planning – Select Board Chair Blake Baldwin will provide an update on the Board’s

strategic planning initiative as the Board gives thought to potential “next steps.”

d. Discuss Any Other Business of the Board

Select Board Meeting Agenda 08/24/21 Page 6 Michael W. Pardue, Town Manager View this agenda at: www.kennebunkmaine.us/selectboardagendas Meeting can be viewed at Town Hall, on Cable TV Channels 5 or 1302, or at www.townhallstreams.com

10. SELECT BOARD COMMENTS

a. Subcommittee Reports

b. Individual Select Board Member Comments

11. TOWN MANAGER ANNOUNCEMENTS

a. Select Board Workshop – September 1, 2021 at 6:30 p.m. in the Town Hall

Auditorium – Presentation by Sebago Technics on the Public Services Facility

Concept Plan.

b. Fireworks, which were postponed in July, are rescheduled for Sunday,

September 5th at dusk. The display will be launched from Narragansett Point.

c. Select Board Regular Meetings – The Select Board’s regular meeting

schedule of the 2nd and 4th Tuesday of each month will resume in September –

Meeting dates: September 14 & 28

d. Economic Development Specialist – The Town is actively seeking qualified candidates for this position.

12. EXECUTIVE SESSION

13. ADJOURNMENT