Kittery Port Authority Approves Badgers Island Wharf Project

[1:31] Chair McCann: all right good evening everyone and welcome to the 3 september 2026 meeting of the kid report authority sean if we could please have an attendance call october one october it was october one october my error goes quick doesn't it sure does one october folks did [1:53] John (Clerk/Roll Call): you print the wrong agenda? Okay, all right, you need a attendance. I do, please. All right, Mr. Bush. Present. Sorry, Randy, I didn't, I'm not doing it the way you wanted it. Mr. Lawrence? Yes. Mr. Patton? Here. Mr. Drummond? Welcome. Here. Mr. Andres is not present. Mr. Pinkham is present, and Chair McCann is present. Very good, we have a [2:29] Chair McCann: quorum. The meeting will now come to order. If I could please ask everyone to rise for the Pledge of Allegiance. Thank you. Are there any notable amendments to the agenda tonight? Seeing none, barring any objections, I'll approve the agenda as written. Okay. Seeing none, the KPA agenda for 1 October, that's 1 October, is approved as presented. Have the members reviewed the previous minutes of 3 September, 2026? Seeing nods in the affirmative. And I have a motion to vote on approving the minutes. Second. I have a motion. [3:25] Mr. Lawrence: Oh, I'd like to make a motion to approve. [3:28] Chair McCann: Okay, we have a motion from Mr. Lawrence. Do we have a second? I'll second it. We have a second from the vice chair. John, if you could do a roll call, please. [3:37] John (Clerk/Roll Call): Yes. I'm going to go this way. Mr. Pinkham. Mr. Pinkham. Yes. Lord, Mr. Drummond. Yes. I just like saying that. Mr. Bush. Affirmative. Mr. Patton. That's a firm and. Mr. Lawrence. Yes. Chair McCann. Yes. Passes. [4:12] Chair McCann: Very good, six in the affirmative. The motion to approve the minutes has written passes. I will move on to the harbormaster report. All right. [4:26] John (Clerk/Roll Call): Took out FB Environmental up Spruce Creek to do some water testing three times today. We actually brought a member from Maine DEP with us, and they're actually, they apparently funded some extra testing, and they're looking at spaces to add another testing equipment somewhere near the Kittery Point Bridge. Got a call for up off Fox Point Drive for a reported oil spill, substantial one. It was reported. The DEP actually had their response truck show up with all the blue lights and red lights and all the equipment. And he showed me what it was, and I think it was an algae plume that, like, died off, and it was just kind of funky looking. He took a sample of it. I have a sample in the truck. And then they ended up having a big algae plume issue up the coast, maybe in Portland Harbor or something. So no word on that, but it didn't, it's gone now anyway, was it? But it was not any petroleum products or anything like that, or anything hazardous. John, on [5:39] Chair McCann: that note, do we have any protocols for spill response? Of you participated with the area committee from Coast Guard sector northern New England? Yes, so the [5:49] John (Clerk/Roll Call): shipyard actually has their own, and they do, they when they do their training, they let us know. The Coast Guard station. Believe it or not, I don't have any boom or anything, which I probably should have some. Every time somebody brings that up, I say I'm going to get some, and then I forget. But, yeah, you know, I call the – what is it called? Chemtrak? Nope. The number you have to call to report it, and then they keep you on the phone for an hour and a half. The National Response Center. All right, national spill response. Yeah, so I call them and then they send over somebody from the Coast Guard station and that The MFs are teaser MRTs or whatever. They are now, they changed. Yeah, they send one of them over and I drive them around and they decide what's gonna happen from there. We did a security zone around that Cluster of lobster traps when the divers were in and Dave K was using his boat to try to haul them up. We recovered 30 traps and a bunch of the buoys and a big pile of line. Came across a boat I was out patrolling a few days after that and these three guys were in it and they apparently installed a really big mercury motor on a really old boat and the transom was pretty rotted and everything was pretty rotted and It actually cracked the transom on both sides of the mounting plate all the way to the water line and when a wave would go by as I was talking to them the whole transom and motor would do this and they were like we're just going to go really slow back up to dead duck I said no you're not absolutely not so we I put them on the hip and I brought them to Pepperell and they one of the PD guys brought them up to get their truck and trailer and we got them out of the water. I had to tie the transom and the motor on so that it wouldn't fall off on the highway. Unbelievable. I'm sure it did, I'm sure that it did. Got a call about some folks with three massachusetts trucks that were reportedly shoveling periwinkles into garbage bags down there. When i got there they weren't, the trucks were gone, i did talk to a few other folks that were casually gathering some periwinkles and told them about the two quart limit that You're allowed to do recreationally. Got a call about a boat adrift in Little Harbor, and all the other boats were tied up on the New Hampshire side in the Coast Guard. So I shot over there, and apparently a boat had grabbed it and put it on a mooring, but then they told me they had seen one adult and one child on the boat like 20 minutes before it was drifting, and there was nobody on the boat. So we ended up getting a hold of the owner, and he had tied it off over at Wentworth, and apparently his kid tied it off and didn't tie it off that well, and it just kind of drifted away, so everybody was fine. Went out to try to help a paddleboarder who was getting blown around pretty bad on the wind trying to get out to a boat, but when we got there that she had made it out to the boat, so that was good. Responded out to the area of the Pepperell Cove about a fellow that was on a boat making suicidal statements. Brought a couple other KPD guys with me. He eventually and reluctantly agreed to go to Portsmouth Regional for a psych eval, and I did a report on that. One of the other guys, one of one of my guys, went to the gate to bridge because the sailboat broke off a mooring and was resting up against the gate to bridge. Bob got a hold of the owner and then waited till it got to slack tied, and then they pulled it off and put it on a mooring. Done a couple of escorts with the trade academy kids during kayaking class, and during one of those classes Valenti helped a guy that got a lobster trap line in his prop, saved the line and the prop. I did go out as requested by a member of the board to measure out the pier and ramp and everything out at the Isles of Shoals, and it was all what it was on the plan, so it was good. It just looks, it does look enormously long, but it's actually the right lengths. I couldn't believe it. Then I was the closest unit to Mitchell School for a fire alarm that wasn't a drill. Looks like somebody was a kid thought it'd be pretty funny to pull the alarm, but so everybody was fine. Escorted Mr. Bork, Paul Bork, former Kittery Harbormaster and Vietnam vet, and we escorted the Utopia who brought him and his wife's ashes out, and we spread his ashes out there, and the Portsmouth Harbormaster and Rye Harbormaster went with us. Rest in peace, Paul. Responded to Newcastle for a Kittery Peppercode mooring holder's boat that broke off the day before the storm and ended up between two piers in Newcastle. A couple of those sailors grabbed their dinghies and pulled it off and put it on a mooring, and the mooring holder asked me to, gave me the combination to his lock and asked me to check his bilges and make sure everything looked okay in there. And it was, and I reached out to his diver who's going to repair his mooring, but he's actually getting hauled out in the next couple of days so it won't matter. So we got a call about a sailboat in jeopardy off of Garish Island, and it was during the storm and the seas were crappy. It was the beginning of the storm, so they weren't amazingly crappy, but they were crappy. So I called the Coast Guard because of the sea state. I wasn't about to go around the front there, but I did tell them I would meet them if they did have to take the boat in tow. I would meet them at Whaleback and bring them to a Kittery transient mooring or at Wood Island and bring it to a transient mooring and sit there until, you know, they could get it out of there safely. Turned out the boat was fine. They were just getting their butt kicked while they were trying to make it over to Little Harbor. They were under power. So on the way back in, we saw a little wooden sailboat making its way towards the nets between Fort Foster and Wood Island. So I hooked a right and I went over and I said, you guys aren't going out, please say you're not, and please don't. And they said, oh, we've sailed in storms before, and I was like, well, maybe you should put a life jacket on. So they all reached for him, but they never ended up putting him on. Long and the short of it is, I went back to the 47 and they're like, if they're going out, we're just gonna sit here and wait. And then we couldn't, we couldn't see him anymore because they actually went behind White Island. So, and they can't, the 47 by policy can't go into that water because it's under what, 12 feet I think. So I said, I'll go peek around and see if I can see them. And there they were. And so I followed them in front of or on the outside of Whaleback Light. And I took a pretty big wave that I had to turn into. It was a pretty big wave. They didn't get it because I was just ahead of them on the other side of Whaleback. But at that point, they turned around and tacked their way in and got home safely. Apparently people thought I was a hazard to navigation while I was shadowing that boat and made some comments about it, but yeah, it was a very dangerous situation, and I would have terminated their voyage if I could have, if they didn't have, if they were one life jacket shy, I would have terminated their voyage and brought him in. But you know, they didn't think it was as big a deal as I did, apparently, and that is all I have for the report with the finances. [13:42] Chair McCann: Before you move on, with the recent nor'easter, did we sustain any damages to any town property? [13:50] John (Clerk/Roll Call): No, because it hooked a left and it turned west earlier than I think originally it was supposed to. It went in Pennsylvania, New York, and Rhode Island area. We didn't even get the swells I thought we were going to get, so we did pretty well on it. No damage to any of our property. That's great news. Knock on for Micah. Yeah, very lucky, and no, I mean, South Shore Massachusetts took it pretty bad, right, you know, York, oh, and actually I almost went up until I looked out and saw the seas that they were looking for that older fella up in York. Yeah, but I said, look, I'll walk up there and do a shoreline search for you on foot, but I'm not taking the boat up there, and they ended, he ended up ashore the next two days after he got underway, unfortunately for him, but good for the family, I guess, but yeah, that was about that, and then we did fix it wasn't a fix it turns out we didn't get the check from online mooring for we got the checks like a month late so when i said we were so low on revenue for transients and i was panicking a little bit turns out it's not nearly that bad so we're actually up to 98.84 percent of our projected revenues on that for the transients slips and moorings thankfully but everything else you know application fees we haven't gotten any new ones i don't think since july when did you apply dave if we're not having you stand at the thing it's okay and you know of course mornings and dinghies and stuff will start up in january and we're up to 50 of the boat ramp and the peer use ones and they'll start up again in january when the season starts and as far as the expenses we're at 20 a couple months in so i think we're pretty much where we should be on that boat equipment and maintenance oh yeah if you notice that we have more money in equipment and maintenance is because that we got the Insurance check for the tow bar that got bent, so that got put in there. So I have to have that repaired, and then also the 2000 of the money that we got for renting out that float for the fireworks is where we put it into boat expenses as well, because we're gonna buy one of those night vision camera things. They're like eighteen hundred dollars. Yeah, so that I don't run over lobster traps at night. You talking about a floor system? It's not a fear. No, it flares are like four thousand dollars. They're incredibly expensive. It's it's psionics and it's about eighteen hundred, and I let the Department of Marine Resources in Maryland actually do the R D, and they're building boats like mine and they're having those installed. So they're they're for the money they're good. They're they're digital or analog. I'm gonna get the analog because they say it's a better night picture. I don't care if it's color, I just want to be able to see, and it'll mount right where the old spotlight used to be, right on the top of the cabin. That's why it's we're at a hundred and we have way more money than we started with and boat repair. It's because of those two things, and other than that I think we're good. Does anybody have any questions on revenue or [Chair McCann: expenses? Seeing] none. Oh yeah, flew it out 27th, got posted on the town today, but I didn't send it out to everybody yet. It's the 27th of October. It's a couple weeks later because of the tides work then, and the parking lot as usual will be closed at nine o'clock the night before, and everybody's days have to be off the docks by nine o'clock on that Monday the 26th. So noted. [18:04] Mr. Drummond: Thank you. Government Street, yeah, planks are we looking into it? Seems like some of those the fasteners are failing over there. [18:17] John (Clerk/Roll Call): Yeah, they use those GKs or GRKs or whatever. They're popping out. Yeah, I'm not sure what a better solution would be. Maybe you can give me some insight and I can buy them and, what, do we hammer those in? [18:29] Mr. Drummond: They screw in, but we need to do something before winter. Is it getting bad? Yeah, it's going to be plowed up if we let it go too far. Yeah. [18:38] John (Clerk/Roll Call): Yeah, if you can give me some hardware recommendations to buy, I'll pick them up over at the fastener warehouse. House and we'll go. Can I get them there? Yeah, all right. And maybe an idea how many I'll need. I've never really done that kind of repairs before. I don't know anything about it. So five gallon bucket, just a big giant bucket of them. Yeah, if you wouldn't mind throwing me some [19:01] Mr. Lawrence: Suggestions on that, and then do you think counter sinking them would cause them to rot quicker where it has that puddle of water? I don't know, that's the only thing you can do really. Yeah. [19:13] Mr. Drummond: Yeah, they're not designed for what we – [19:16] John (Clerk/Roll Call): What about those big spikes they have on the ones at Pepro? They're big spikes. I don't know. I really don't want to swing a sledgehammer, but maybe we hire somebody to do that if it's more – [19:27] Mr. Lawrence: Well, at least those, when the snowplow or whatever hits them, it pulls them out. Yeah. And then you just replace the nail, but – [19:35] Mr. Drummond: You got to do something with it. That's – you know what I mean? All right. We'll look into it. [19:40] John (Clerk/Roll Call): Yeah,, yeah,. I'm going to write that down. Maybe we'll hire somebody to do that. Maybe [19:47] Chair McCann: Okay, I will move on with the agenda to items involving town officials are invited guests. See Miss Kaufman here from the planning committee. Would you like to speak to writing updates? I [20:10] Mr. Pinkham: don't have a ton this week because we did have one meeting canceled due to lack of quorum. We had a site walk at one property that is along the water that would pertain to you guys. It's six Fallet Lane, Fallet Lane, yeah, f-o-l-l-e-t-t. It's a house from like the 1700s or 1800s that's getting taken down. It's the yellow house that was, I think it was for auction at one point, and then it someone bought it off of auction, but that's the only on the water site that we're working on right now. We went to do a site walk and ended up having to cancel because the developer didn't show up, so we'll have to do it again, but that one will be coming down the pike, and they don't have any current plan for new docks being built or anything. There's not currently a dock on the property. I think there was at one time but got removed, but I'm sure that will probably eventually be put in, I'm assuming. But that's the one behind the cemetery right at the S turns. Yes, it's, I think it's like, do they call it like the garish house or something? I don't know, but I've been there and I [21:38] John (Clerk/Roll Call): I know that it's in really, bad shape and it was on the market for a while. [21:42] Mr. Pinkham: Yes, it is very dilapidated. Yeah. Yeah. Big house. Yeah. But the house is very close to the water, which was shocking when we arrived to see the property. They are planning on moving it back a little bit, but it is still encroaching a little bit into the high water line. So it's still being discussed. Nothing has been approved yet or anything, so but just to keep that on your radar, and that was pretty much it for the past month. Thank You Lee [22:18] Chair McCann: Appreciate the awareness on that. Yeah, all right, great. We'll move on. We have no new business on the agenda tonight, so we'll move on to public hearings, which we do have one this evening. The Kittery report authority moves to hold a public hearing on application KPA 26-6 from Mr. David Daniels, 21 Badgers Island West, Kittery, Maine, modified the existing two building structure in the wharf to a 35 by 30 single structure. Site walk was conducted on 16 September with Mr. Daniels like to approach to speak on this application. What would you like to know? Any of your supporting information you'd like to share? I have nothing. I've [23:04] Mr. Drummond: received approvals from all the different agencies looking to start demo in January, then let it sit for a couple months to air out the concrete before we [23:19] Mr. Lawrence: put a structure on it. That's [23:24] Chair McCann: the plan. Great. Does any members of the board have any questions for Mr. Daniels? We've all reviewed your application at this point, Mr. Daniels. So we're at the phase of either approving the application or continuing the review. Do we have a motion? Chair? Yes, Harbormaster. Findings of fact? I'm sorry, before we go to that, 's correct. We'll go to the findings of fact. Do we have a motion to approve the findings of fact as written? Do we have a motion from Mr. Charlie? Mr. Charlie? Do we have a second? Second. Do we have a second from Niles? Steve, who got that one first? Was that Mr. Pinkham or Mr. Lawrence? Oh, it don't matter. We'll go with Mr. Pinkham on this one. He's quick to the draw. Thank you, Niles. Okay, we have a motion and a second. Could we please have a roll call vote? Mr. Pinkham. Yes, Mr. [24:38] John (Clerk/Roll Call): Drummond. Yeah, happy to say that no, it does, Mr. [Chair McCann: Bush. Affirmative, Mr.] Patton. Yes, Mr. Lawrence. Yes, need and chair McCann. Yes, six in the affirmative, one absent, no negatives, motion passes. Very well, motion to approve the findings [25:02] Chair McCann: of fact passes and we will move on to the determination on either approving [25:07] Mr. Lawrence: the application or continuing review yeah yes mr lawrence move to approve the application kpa 26-6 approve the application kpa dash 26-6 for david daniels 21 badges island west kittery remain oh three nine oh five tax map one oh four oh three nine oh four i thought i was in killery point oh three nine oh four tax map one lot twenty seven dash one dash one to approve the structure of modify the structure and wall for a 35 by 30 single structure [25:53] Chair McCann: Very well, we have a motion to approve the application on KPA 26 6. We have a second. All right, we have a second. Who did the second? Mr. Patten. Can we please have a roll call? Yes. [26:09] John (Clerk/Roll Call): Mr. Pinkum? Yes. Mr. Drummond? Yes. Mr. Bush? Affirmative. Mr. Patton? Yes. Mr. Lawrence? Yes. Indeed, Chair McCann? Yes. Six in the affirmative, zero negative, one missing. Motion passes. Very good, the [26:30] Chair McCann: motion to approve the application for 21 Badgers Island passes. Mr. Daniels, you receive a letter from the Kid Report Authority providing you an authorization to proceed with the project. All right, thank you very much, board. Thank you. That is our only business in regards to public hearings, so we will close that out. Is there anyone here tonight in the audience who would like to speak on other KPA related projects? Seeing none, we will move on. There's no unfinished business in regards to communications from the chair. I just want to officially welcome Mark Drummond back to the Kerry Port Authority. We appreciate your service. [27:12] John (Clerk/Roll Call): Thank you, chair. Yes, one thing I actually did forget to mention, and I'm not sure it was part of my report, but when we went to Mr. Daniel's house, it was literally only me and one other Port Authority member. Maybe if somebody could just shoot me a text and let me know if they're not going to make it or if they are going to make it or something like that, only because it was literally, I mean, I got to have a good conversation with Dave, and it was good, but it would be nice to know. You know, I think he was kind of like, that's it. You know what I mean? And I understand that everybody knows that place because you guys have been here for a billion years, but it was a little awkward for me for a couple of minutes. [27:51] Chair McCann: So let's take that discussion offline, but we've been talking the voice and I've been talking about setting up a better process over that. Good. [27:58] John (Clerk/Roll Call): Disregard everything that I just said. Oh. [28:04] Chair McCann: Does any board member have any another topic to offer this evening? [28:09] Mr. Lawrence: All I got to say is welcome back. Glad you back. Thank you. [28:15] Chair McCann: That's it. All right, vice. Is there any call for an executive session? [28:19] Mr. Lawrence: Not that I can tell. Very well, make a motion to adjourn at 6 30. We have a motion to adjourn [28:26] Chair McCann: and a second from the vice chair. Very well, this meeting is adjourned. Thank you. [28:31] Mr. Lawrence: Inside my memory and only you possess the key. No longer drowning and deceived, all because you came for me. Locked inside my memory and only you possess the key. No [29:11] Mr. Pinkham: no longer drowning and deceived. [29:12] John (Clerk/Roll Call): Oh, because you came from