By Emma Bouthillette 

Staff Writer

The Kennebunk Open Space Plan Implementation Committee is proposing two warrants for town meeting in June to benefit the open space plan accepted in 2004.

The first warrant would secure a portion of penalty fines collected on land removed from tree growth or farmland classifications. Committee Vice President Tyler Barter said penalties relocated to a non-lapsing fund will allow the committee to protect other open space properties in town. 

In Kennebunk, 1,298 acres are classified as tree growth, Assessor Dan Robinson said, and fines for property removed from tree growth are currently placed in the town’s non-designated general fund as miscellaneous revenue. Four times during the past 10 years, property has been withdrawn from tree growth, and the town has collected nearly $82,000 in fines, Robinson said. He said fines are determined based on property acreage, type of tree and the length the property was in the program.

Finance Director Joel Downs has budgeted $30,000 in miscellaneous revenue for fiscal year 2009-2010. As written, Town Manager Barry Tibbetts said the warrant will lead to a $30,000 revenue shortfall equivalent to a half-time position. 

“My biggest concern is $30,000, because with a budget so tight, that is substantial,” Downs said. 

“Our miscellaneous revenues are just that -– miscellaneous – and trying to peg them can [be] and is difficult. We may not have any penalties and our miscellaneous revenues may not even reach the $30,000 by next year’s end, but at least we are not going into the coming year with a negative factor already applied,” Tibbetts said. 

In a modified warrant request, Tibbetts is proposing fines up to $30,000 will remain in the general fund, additional fines up to $50,000 will be appropriated to the open space account and anything in excess of $50,000 will also enter the general fund as miscellaneous revenue.

The second warrant proposes appropriating $50,000 into a non-lapsing account to be matched by other private, state or federal funding sources for future land acquisitions and while this does not effect the proposed budget, Downs said it will increase the mil rate nearly 3 cents per $1,000 of valuation.

“We’re trying to create a fund to allow us to be proactive in implementing the open space plan,” Barter said. “Once open space is lost, it’s hard to get back.”

The committee, which formed shortly after the open space plan was accepted as part of the town’s comprehensive plan,  conducted a 2007 survey asking residents’ opinion on open space, as well as a 2008 non-binding referendum. Barter said the response from both indicated residents wanted to protect open space and were willing to spend between $50,000 and $200,000 a year to do so. 

“We’re trying to give the town flexibility without asking for large bonds. We’re being fiscally responsible and appropriating smaller amounts each year,” Barter said. 

The plan the committee is working to implement outlines a range of open space in the town to improve upon, Barter said, which includes plant and animal habitats, hiking and cycling trails, visual corridors, water access, historic and cultural areas and other recreation space. 

“[Open space] benefits everyone,” Barter said. 

When presenting the proposed warrants to selectmen March 10, committee chairman David Smith said the committee thought it was appropriate to request penalty fines for withdrawing open space from tree growth be designated toward preserving other open space.

Selectmen were expected to discuss the warrants Tuesday, after The Post deadline.

Tibbetts said if the proposed changes to the first article were not made, he would recommend against sending it to voters in June.