By Stowell P. Watters
Staff Writer
    More than half of Kennebunkport’s 2,737 registered voters braved the pouring rain on Nov. 6 to let their voices be heard in a special town referendum election. The closest competition stemmed from Question 2, concerning a town-wide revaluation.
    “I am happy. If we didn’t do the revaluation this year, we would really be in a mess next year. The scenario was only getting worse,” said Kennebunkport Selectmen Chairman Mat Lanigan about the revaluation referendum, which finally passed in its fourth time before Kennebunkport voters.
    Previously, Town Manager Larry Mead gave a PowerPoint presentation on revaluation at a special selectmen’s meeting. According to his presentation, property taxes are calculated by multiplying the total assessed value of property within the town by the tax rate, more commonly called the mil rate. The produced certified ratio represents the total equity within the town’s assessed values; a higher percentage means property owners are paying more for higher valued properties, a lower percentage indicates imbalance.
    Kennebunkport was ranked 477 out of 488 towns considered in last year’s state valuation with a ratio of 38 percent, well below the 70 percent ratio required by the state. Mead said clearing this up is an essential good that must be done for the better of the taxpayers. The revaluation passed 800 to 715. The next step, said Lanigan, is for the selectmen to look at assessor’s bids and decide on a company to complete the revaluation in 2009.
    Question 4 concerning whether or not Kennebunkport should adopt a mass gathering ordinance— to be upheld by the town selectmen— passed 957 to 542 and has since been drawing a lot of attention from the Maine Civil Liberties Union (MCLU). They are currently calling the ordinance unconstitutional, and according to Executive Director Shenna Bellows, the organization is “seriously considering pursuing litigation” against the town.
    “The way this ordinance is written allows the selectmen of Kennebunkport too much discretion in deciding who can or cannot have a public gathering and doesn’t even begin to take into account citizen’s ability to pay,” Bellows said in a Nov. 8 phone interview.
    For reference, Bellows offered the 2004 case Timothy Sullivan et al. vs. The City of Augusta, in which a similar ordinance was struck down by the district court in Bangor.
    “It’s always important that the laws of towns, states and the federal government be so clear as not to have a chilling affect on peoples ability to express themselves,” Bellows said.
    In response, the Kennebunkport selectmen called an executive session during the Nov. 8 regular meeting. Lanigan made a motion to “refrain from implementing the recently adopted amendments to the mass gathering ordinance until such time as Town Attorney Amy Tchao has undertaken a complete legal review of the ordinance.”
    His motion was seconded by Allen Daggett and passed unanimously. A press release dated Nov. 9 stated the board was previously under the misconception that the ordinance had already been subject to complete legal review by the town attorney. The aforementioned 2004 case is currently being litigated in the First Circuit Court of Appeals, which, according to the press release, “is reviewing the City of Augusta’s mass gathering ordinance.”
    “Until we can do a more complete legal review and see the outcome of the Augusta case the board will refrain from implementing these newly adopted provisions,” Tchao said.
    Question 6 concerning a proposed Tides Inn by the Sea contract zone was voted down, 830 to 693. This was to essentially be a spot-zoning change that would have allowed the owner to use the building for temporary residential housing purposes without causing a conflict with the local zoning ordinance.
    Marie Henriksen, owner of the inn, said she is disappointed, but she remains hopeful.
    “This is a major setback but I am still brainstorming and seeking alternatives,” Henriksen said. With so many people coming out to voice their opinions she said, “the whole ordeal has really shown (her) who (her) true friends are.”
    The retirement health savings plan, which will allow employees of the town to earn $1 toward a retirement health savings plan for each $2 in accumulated sick time they have amassed, passed 1285 to 233. The $103,266.74 was previously sitting in the Undesignated Fund Balance (surplus) account and will now be put into use, thus eliminating “an unfunded liability”, according to the note of explanation provided by the town hall.
    The amendment to the shellfish conservation ordinance to allow the issuance of commercial clam licenses, Question 3, passed 1078 to 428. Residents wishing to utilize the now-healthy clam surplus must obtain a license from the Town Clerk. This ordinance also limits the number of shellfish harvesters, restricts the time and area where digging is permitted and limits both the size and amount of clams harvesters can take.
    The amendment to the Kennebunkport land use ordinance to add a practical difficulty standard to article 9.2 pertaining to variances passed 901 to 568. The sewer extension on North Street passed 973 to 535. The acceptance of a gift of land abutting pier road also passed 1241 to 273. All information, implications and vote counts are available at the town hall.