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Kennebunk Voters: Referendum questions explained

Kennebunk Voters: Referendum questions explained

KENNEBUNK – Kennebunk has eight referendum questions on its town ballot this year. Below is the wording you’ll see regarding these questions, along with background information on the purpose behind the changes.

If you need more information on how and where to vote in the Kennebunks and Arundel, click here.

  1. Here’s how Question A reads on the Kennebunk ballot:

Article 2: Referendum Question A: Shall the Town approve the charter amendment reprinted below?

Sec. 3.06 Enumeration of Powers

Select Board members shall have the following powers and duties:

4) To oversee, monitor and account for the appropriations; warrants authorizing all disbursement of Town funds must be signed by (a) the Town Manager or the Finance Director and (b) one or more Select Board members. The Select Board may, after a duly advertised public hearing, vote to carry-over any unexpected year-end balance from any account previously approved by Town meeting vote from the then-current fiscal year to the next fiscal year in that same account, which carry over balances shall be deemed appropriated for that same account for that next fiscal year. The Select Board may transfer funds from accounts with balances to cover overdrafts in other accounts. The Select Board, by a concurring vote of at least a majority of all of its members, plus one, may vote to authorize additional appropriation(s) for the then-current operating budget to be funded from either (a) unanticipated revenues or (b) from the Town’s undesignated fund balance (“surplus”) for any emergency affecting the public health, safety or welfare public purpose deemed by the Select Board to be both necessary and in the best interest of the Town. The sum of any or all such appropriation(s) in any single fiscal year may not exceed one-half (1/2) of 1% 0.5% of the municipal operating budget (exclusive of the school budget) for the then-current budget year. Any such vote of the Select Board shall be supported by written findings identifying the emergency necessity.

Select Board recommends acceptance of this article by a vote of 6 in favor, 0 opposed, 1 absent

Background: A yes vote allows the select board to authorize funds from unanticipated revenues or the undesignated fund balance (surplus): for any public purpose it considers to be both necessary and in the best interest of the Town, as opposed to the current wording, which says: of any emergency affecting the public health, safety or welfare.

Currently, the select board cannot appropriate additional funds unless there is a DECLARED emergency.  The change authorizes the Select Board to address a need without an emergency having to be declared; this is limited to an amount no more than 0.5% of the operating budget (excluding the RSU budget) in a fiscal year.

2. Here’s how Question B reads on the Kennebunk ballot:

Article 3: Referendum Question B: Shall the Town approve the charter amendment reprinted below?

Sec. 5.02 Budget Board

5) The Budget Board may propose budget articles for consideration by the Annual Town Meeting, which articles shall be included in the warrant issued for the Annual Town Meeting to the Select Board for inclusion on the Annual Town Meeting warrant.

Select Board recommends acceptance of this article by a vote of 6 in favor, 0 opposed, 1 absent

Background: A Yes vote clarifies that all budget articles proposed by the budget board must go to the select board for consideration before being placed before the voters. The current ordinance allows the budget board to propose budget articles directly to citizens at the annual town meeting.

3. Here’s how Question C reads on the Kennebunk ballot:

Article 4: Referendum Question C: Shall the Town approve the charter amendment reprinted below?

Sec. 5.03 Budget Process

1) Not later than 120 90 days before the Annual Town Meeting, the Town Manager shall submit, to the Select Board and the Budget Board, his/her recommendations and a proposed budget for the ensuring fiscal year.

Select Board recommends acceptance of this article by a vote of 6 in favor, 0 opposed, 1 absent

Background: A Yes vote provides the town manager with 30 additional days to provide a proposed budget, with recommendations, to the select board and budget board.

First, this change will align Kennebunk’s budget process with the York County and the RSU 21 budget timeline. Second, the town legally has 190 days to create a budget, but the official budget meeting timeline starts in March.  Normally, the town will have created a proposed budget earlier than in March, so weeks of time are wasted when nothing can be done. A yes vote allows more time for the budget process to take place.

4. Here’s how Question D reads on the Kennebunk ballot:

Article 5: Referendum Question D: Shall the Town approve the charter amendments summarized below?

Summary of Amendments: These proposed charter amendments would reform Article VII (Recall of Elected Officials) by:

  • Limiting the legally sufficient reasons that an elected official may be recalled;
  • Increasing the number of registered voters signatures required to petition for and successfully complete a recall; and
  • Adding specificity to the procedure by which a recall election is held, and if necessary, a replacement official is selected.

Select Board recommends acceptance of this article by a vote of 6 in favor, 0 opposed, 1 absent

Background: A Yes vote puts in place specific requirements for a recall of public officials (including the RSU 21 Board) that include the need for a more detailed reason, a more defined process, and a higher level of citizen support for a successful recall. (See the Kennebunk Voters Guide page 12 for full wording of the proposed ordinance change, and The Local News article  here for a discussion of this Question).

5. Here’s how Question E reads on the Kennebunk ballot:

Article 6: Referendum Question E: Shall the Town vote to change the debt limit of the Kennebunk Light and Power District from $6,000,000 to $30,000,000? m

Background: A Yes vote would increase the maximum amount KLPD may borrow. KLPD’s current debt limit is $6 million. The upcoming Water Street Substation Replacement Project is estimated to cost approximately $12 million. Without voter approval to raise the debt limit, KLPD will not have adequate borrowing authority to contemplate this and other critical infrastructure work. KLPD has no debt currently. The last time voters updated KDLP’s debt limit was 2006.

6. Here’s how Question F reads on the Kennebunk ballot:

Article 7: Referendum Question F: Shall the Town vote to authorize the Select Board to take all steps necessary to terminate the Town’s interest in a certain Lease Agreement by and between the Town, H.A. Mapes, Inc., and C.N. Brown Company, dated April 3, 2002, which leased to the Town a certain six-foot wide utility and pedestrian easement running over and between the common boundary of 51 Main Street (Tax Map 51, Lot 140) and 61 Main Street (Tax Map 51, Lot 138) for the purpose of providing public access to a Town-owned parking facility, as the Town is now the owner of 51 Main Street and the purpose of said easement is now obsolete.

Select Board recommends acceptance of this article by a vote of 6 in favor, 0 opposed, 1 absent

Background: A Yes vote will allow the select board to nullify this lease, which is no longer needed due to the subsequent town acquisition of the property.  (To see the lease documents, go to page 18 of the Kennebunk Voter Guide.)

7. Here’s how Question G reads on the Kennebunk ballot:

Article 8: Referendum Question G: Shall the Town vote to authorize the Select Board to convey a portion of Town-owned property located on Factory Pasture Lane (Tax Map 52, Lot 37) to the Neighborhood Housing Trust or other entity satisfactory to the Select Board, on terms and conditions that the Select Board deems to be in the best interests of the Town, and to take all such other actions, including but not limited to the execution of all necessary documents, to facilitate such a transaction; provided, however, that the transfer be expressly conditional on said property being primarily used for residential purposes.

Select Board recommends acceptance of this article by a vote of 6 in favor, 0 opposed, 1 absent

Background: A Yes vote will allow the town to transfer town-owned land by the skate park on Factory Lane to the Neighborhood Housing Trust in order to build several residences. The land was acquired from Rogers Fibre Company, Inc. in 1967. The NHT mission is, “to sustain these communities [Kennebunkport, Kennebunk, Arundel] as vibrant, year-round places by providing housing accessible to working families and seniors.” (For more information, see page 27 of the Kennebunk Voter Guide and/or The Local News article here on this request by the Neighborhood Housing Trust.)

8. Here’s how Question H reads on the Kennebunk ballot:

Article 9: Referendum Question H: Shall an ordinance entitled “2026 Amendment to the Zoning Ordinance of the Town of Kennebunk, Maine Regarding Reconstruction of Nonconforming Structures in the Shoreland Zone” be enacted?

Select Board recommends acceptance of this article by a vote of 4 in favor, 2 opposed, 1 absent

Planning Board recommends acceptance of this article by a vote of 5 in favor 0 opposed, 0 absent

Background: A Yes vote enables the owners of approximately 120 nonconforming buildings in Kennebunk’s Shoreland Zone and Resource Protection Area to apply to the Planning Board on a case-by-case basis to allow their buildings to be demolished and reconstructed in order to make resiliency-related improvements, should they so desire. Current law does not allow demolition of these nonconforming structures unless the new building is able to conform to the current building code and setbacks. But the age and lot size of these buildings makes that impossible in many cases, and so current law prevents many older, nonconforming coastal structures from being demolished and rebuilt, even when reconstruction could improve safety and resiliency. A Yes vote will allow the Planning Board to make case-by-case decisions based on what makes sense for resilience, while protecting the house and not creating a problem for abutters.

For more detail: (https://www.kennebunkmaine.us/DocumentCenter/View/21039/202617—Article-5-Zoning-Amendment-SB-Recommendation-Memo—81826)



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