By Stowell P. Watters
Staff Writer
    In only a few days voters will get a chance to let their voices be heard as Kennebunkport approaches the Nov. 6 Election Day. An Oct. 25 selectmen’s meeting was highlighted by a public forum in which residents were able to ask their pressing ballot-day questions, one final time.
    While not all issues on the ballot incited interest from the crowd of about 20 residents, many have proven to be hot topics in Kennebunkport. Chief on this list is the issue of a proposed contract zone for the Tides Inn by the Sea.
    The ballot question concerning the Tides Inn by the Sea will ask voters “Shall an ordinance entitled ‘2007 Amendment to the Kennebunkport Land Use Ordinance to Create a Tides Inn by the Sea Contract Zone’ be enacted, and if enacted, shall the Town vote to accept as a gift a perpetual easement to provide public beach access and… public restrooms?”
    The owner of the inn and restaurant, Marie Henricksen, wishes to expand the current volume of the historical building by 17 percent while retaining the same footprint on the land and convert the 22 hotel rooms, two apartments, lounge and restaurant into a multiplex that will house 12 two-bedroom apartments. Additionally she would give a public bathroom and public access to Goose Rocks Beach to the town.
    The contract zone is essentially a spot-zoning change that will allow her to use the building for these purposes without causing a conflict with the local zoning ordinance.
    “Contract zoning sets a very scary precedent,” said Jack Fleming of Belair Avenue. “We do this and we open the door for anyone to come in and do what they want, its just a bad change and I do not want to see it happen.”
    Fleming and a group of residents have created a Web Site to that affect; at www.VoteNoOnQuestion6.com there are a plethora of arguments against the proposed contract zone.
    Bill Lefler, who also lives adjacent to the inn, has had a public bathroom in the form of a port-a-potty on his property for public use for the last four years. An informal count he conducted showed that about 150 people used the restroom this summer.
    “A multi-plex will not destroy our beach in any way, shape or form,” he said, adding that he will be discontinuing the port-a-potty offering next summer. He and other members of the Goose Rocks community recently received a flyer distributed by Fleming and a list of 17 abutters and concerned citizens.
    “The people who wrote this flyer and who made the provided Web site are fear-mongers, and they do much damage to the voters of Kennebunkport,” he said.
    Town Manager Larry Mead is in favor of the contract zone.
    “This is much more than just a bathroom and beach access, because as town laws state right now no one member of the general public can sit on Goose Rocks beach, only walk down it,” he said, emphatically adding, “Now we will be able to actually sit on the beach.”
    Selectmen Kristi Bryant and Mat Lanigan also supported the contract zone.
“This is a win-win situation, if you want public restrooms then this is the time,” Lanigan said.
    But again, not all residents are thrilled at the concept of a contract zone. Other arguments  included peoples’ disgust concerning a new public bathroom, an alleged increase in traffic on Kings Highway and again, the issue of actually allowing a contract zone that would reshape the town’s stance on ordinances in general. But Henricksen remained vigilant.
    “People have distorted what is a straight forward project, Contract Zones provide an alternative to a one-size-fits-all approach, the process is rigorous and will be done with the best interests of the town in mind,” she said.        
    The question of whether or not Kennebunkport should go forth with a revaluation of all properties also generated a lot of discussion from residents and board members. Since the idea’s inception, Mead has provided a wealth of information available to residents at town hall concerning the revaluation and what it means for taxpayers. He also gave a PowerPoint presentation earlier this month.
    “The State of Maine has ranked our town 477 out of 488 concerning the disparity between actual and assessed values,” he said. “We are so out of whack that the majority of people in the town are taking on an unfair tax burden.”
     A revaluation, which would be completed by 2009-2010, would involve hiring a group to come into the town and asses all of the properties included. Currently, said Mead, a third or more of the town is paying too much while another third is paying too little on their property tax.
    Resident Parker Dwelley is not impressed and cited the $300,000 the town would have to pay for such a revaluation to take place.
    “There are too many things wrong with this proposal. First, the timing, we have no idea what the market is going to do and considering its current state, I am very skeptical about this,” he said. Dwelley also spoke about the fairness of such a plan, and said that it does not take into account the resident’s ability to pay.
    “The revaluation is an archaic process, and voting for it only perpetuates an evil that takes money from one pocket and puts it in another, its whacko,” he said.
Chris Perry, member of the Zoning Board of Appeals, called “fairness” a relative question.
    “You have to consider the value gap in our town, many residents are selling properties for three, four even five times what they are actually worth,” he said. “Fairness depends on who is paying, history shows that it is only fair when the other guy pays,” he said.
Also on the ballot is the question of whether or not to provide commercial fishing licenses for the clam flats in Kennebunkport. Studies done by the Department of Marine Resources documented an increase in the available clam harvest and indicated that the town could allow more harvesting of clams annually, including limited commercial harvesting, and still maintain a healthy clam resource, according to a notice put out by the town clerk’s office.
“Prior to 2007 the number of clams on Kennebunkport beaches was abysmal,” said Perry, “Certainly opening this up to commercial use is a travesty and will in fact rape the resource.”
There were no other comments but the public notice provides the commercial licenses given will be limited and the shellfish committee created by the ballot-question would “insure the protection and optimal utilization of the shellfish resource within its limits.”
    An unprecedented presentation by Alex Bergo of the Maine Civil Liberties Union shed some light on the mass gathering ordinance question which previously had little discussion in the town forum.    
    “It is unconstitutional for the selectmen to have absolute control and this is in violation of the citizens’ of Kennebunk and their right to free speech,” he said.
    Selectman Allan A. Daggett responded.
    “This is Kennebunkport, not Kennebunk,” drawing a rise from the residents in attendance.
    Chairman Lanigan was also miffed by the appearance.
    “Where were you guys before tonight?” he asked, while verifying “this is only an accusation and not a fact.”
    Other issues on the ballot are a sewer extension running on North Street, acceptance of a gift of land abutting Pier Road and a retirement health savings plan for employees.
    Absentee ballots will be available up until the day of election as well as copies of the various ordinance change details at the Kennebunkport Town Hall.