Wild waves were pounding Mother’s Beach during a 2018 nor’easter. The Select Board is considering an ordinance they say would allow the town better deal with emergencies. A public hearing is set for Sept. 8. Tammy Wells Photo
KENNEBUNK – The Select Board is considering asking voters to approve a new ordinance at the fall election that would outline how needed tasks can be carried out during a catastrophe and has scheduled a public hearing on the matter for Sept. 8.
“With the COVID-19 experience we were all living through, Kennebunk as well as other communities, without an ordinance in place, were struggling to find ways to close beaches, roadways, sidewalks,” said Town Manager Mike Pardue. “This would allow for the nimbleness to move quickly …. to be responsible and safeguard citizens.”
Pardue said while it seems to be common sense that the town would take certain steps, an ordinance gives it the authority to do so.
Under the proposed ordinance, the town manager of the day would be responsible for the emergency management team’s organization, administration and operation. The Select Board would approve the towns emergency plan and appoint an emergency management director, based on the recommendation of the town manager.
The town manager, or a designated acting town manager, would have the power and authority, upon consultation with the chair of the Select Board, or other members of the select board in the absence of the chair, to issue a proclamation an emergency whenever a disaster or civil emergency exists or appears imminent.
No state of emergency may continue for more than five days unless renewed by the Select Board.
Emergency powers would allow the town manager to prohibit or restrict the movement of people and vehicles in town; the movement of people in hazardous areas; order evacuations from hazardous areas; suspend an ordinance in place if it would hinder or prevent action in coping with the emergency, and obtain supplies and request aid from the state.
Select Board member Shiloh Schulte said the Select Board would have to be cautious about the time frame involved, and would need a specific endpoint.
Parsons Beach Road was closed to vehicles and pedestrians during the early weeks of the pandemic. Dan King photo
Pardue pointed out that the ordinance would allow a state of emergency for a maximum of five days, unless renewed by the Select Board.
“We were whistling past the graveyard on some of this stuff,” to get it done during the height of the pandemic, said Select Board Chair Blake Baldwin.
“I think it’s important to do this,” said Select Board member Frank Paul.
Resident John Costin pointed out if Pardue is elected to the Maine Senate, he may well be in Augusta during an emergency.
“This isn’t designed around one person … we don’t know who is going to be town manager in the future,” said Select Board vice chair Wayne Berry.
“I strongly suggest such an ordinance no matter who is in charge,” said Resident Maggie Bartenhagen, noting when her family was living in Vermont, such an ordinance made a difference during an emergency.
“This is absolutely essential,” said Select Board member Peter Brewitt, who described a water main break on a state roadway way in a New Hampshire town where he once lived and served as chair of the Select Board there. There was no ordinance in place, said Brewitt, who went ahead and took action to deal with the issue. “We didn’t have a process in place,” he said. “We got through it OK, but having an ordinance in place is absolutely essential.”
Pardue noted the town does have an emergency management director – Fire Chief Jeff Rowe.
The board voted to send the matter to public hearing, set for 6:30 p.m. Sept. 8.
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