Maine Islands Coalition Minutes May 16, 2008

In Attendance:

Roger Berle - Cliff
Malcolm Donald - Cranberry Isles
Pat McEachron - Frenchboro
Kathy Fiveash - Isle au Haut
Dexter Lee - Swans
Mark Tierney - Little Diamond
Rudy Graf - Isle au Haut
Mark Greene - Long Island
Marjorie Stratton - Vinalhaven
Pete Anderson - Islesboro
Eva Murray - Matinicus
Alden Finney - Great Diamond
Betsy Weber - Great Diamond
Beth Howe - Chebeague
Carol White - Chebeague
Chris McDuffie - Long Island
Bill McGuinness - Island Institute
Jen Litteral - Island Institute
Laura Kramar - Island Institute
Thea Youngs - Island Institute
Dennis Damon - ME State Senator
Deborah Elliot - Department of Economic & Community Development
Tracy Perez - Maine State Ferry Service
Greg Payne - Maine Affordable Rental Housing Coalition
John Weber - State Planning Office
Susan Burns - Land Use Regulation Commission
Mike Murray - City Manager's Office
Rick Knowland - Planner - City of Portland Planning Department
Jane LaFleur - Friends of Midcoast Maine
Beth Della Valle - Planning Consultant

 

Legislative updates:

 

Jen Litteral gave an update from the Working Waterfront Coalition:

• A federal bill to protect Working Waterfront is in process. NOAA is opposed to it, so it may not pass, but at least brings it to the table.
• Current Use taxation bill has been reviewed by taxation committees, where it has been favorably reviewed. It is hoped that some changes will still be made to it to model it more like the farms program as opposed to open space program.
• Open space pilot program- $ 2 million has been used already, $3 million remains for new applications.
• Ground fishing industry- work has been done by Dennis Damon, Leila Percy and Kurt Adams on community based fishing programs.
• Question of where the Working Waterfront Coalition should focus in the future. There will be a strategy session in 2 weeks. Possibly small business support?
• The Department of Agriculture will be working on Working Waterfront programs. Had a meeting 1 month ago.
• Someone from the Maine Island Coalition will need to be a delegate to the Working Waterfront Coalition.

 

Laura Kramar gave an updated on the Port Clyde Community Supported Fishery project. Currently they are working on branding fish under the name Fresh Catch. A website has just gone live. She presented brochures that have been created.

 

Marjorie Stratton gave an update on airport issues. She represents Vinalhaven on the Knox County Island Airports Consortium, which hopes to get bond funding to upgrade island airstrip facilities, with the highest priority being Matinicus. (Vinalhaven recently received a grant from LifeFlight to upgrade their facilities.)

 

Question from Dennis Damon about whether they have talked to DOT about getting funding from the Star account. Marjorie replied that it is difficult because most airports in Knox county are privately owned, and the cost of bringing the airports up to code.

 

Bill McGuinness

• Reported on Hannah Pingree's bill to allow Swan's Island Electric Coop to sell energy and reduce island energy costs. It passed.
• The Island Institute will hold a sustainable design conference this fall, dealing with alternative energy and other sustainability issues for remote communities.
• FTA support for private ferries: created funding for 4 islands served by private ferries. There is $100,000 available, however because of the process involved in receiving funding, only Isle au Haut is currently making use of the funding.

 

Tracy Perez (Director of Planning and Policy for Maine DOT):

• Regarding FTA money for private ferries, she discussed how the money comes with strings attached, such as the company being required to make their books public and comply with drug and alcohol testing. Ramps would need to be 80 feet long to comply with ADA requirements, although boats are not currently required to comply with the act.
• The Maine State Ferry Service will be kicking off a business plan development process and will be looking at income/expenses as the price of fuel continues to increase. Federal funds only cover capital investments. 50% of the remaining costs come from fares, and 50% from state funding. May include discussion of controversial issues such as charging for winter parking in Rockland.
• Discussion followed about why certain island ferries get funding and others do not.
• Dennis Damon noted that recent changes in legislation have moved funding for ferries from general infrastructure to the state highway fund.

• Tracy Perez gave further information regarding airports. There are 36 private FAA funded airports in ME, which receive 96% of their funding from FAA, with 2.5% from the community and 2.5% from DOT. However these airports must meet FAA standards, which is challenging. Other private airports only get a maximum of $150,000/year meaning it is very difficult to keep the infrastructure in usable condition.

 

Greg Payne gave an update about affordable housing.

• Currently working with Maine Affordable Rental Housing Coalition to bring resources into Maine, and partners with the rest of New England.
• Federal Projects underway: Affordable Housing Trust Fund is to be distributed to all states, has passed the House and is currently in the Senate Banking Committee.
• Section 8 Voucher Reform Act: will make the program work more efficiently; reduce waiting lists as the need has grown more than availability.
• Low Income Housing Tax Credits: Program of the Treasury where the government allocates tax credits to those who build within certain regulations. Provisions within foreclosure regulations to bring more funding to Maine.
• State Projects underway: State's Home Fund often gets diverted. 45% of the State's real estate transfer tax is supposed to be used for housing projects such as building homeless shelters. This amount actually comes to $15 million, but only $7 million has been available for use. Working to protect this fund and to pass a housing bond bill, and doing outreach to broaden group of stakeholders.
• Hope to use current foreclosure issue as an advantage and buy foreclosed properties to be used for affordable housing.
• Question about whether it is possible for island residents to apply for section 8 vouchers. There are 21 housing authorities and residents would apply to the closest one. Most housing authorities subcontract with agencies and cover specific counties.
• Question about whether islands could create their own housing authority. The issue is that HUD income limits are very low; most incomes on islands would be too high.

 

Beth Della Valle gave an update on smart growth bills in Legislation.

• Bill that would increase tax credits for renovating existing buildings up to to 25%
• Bill that created 30% tax credits to create new affordable housing.
• Bill that would direct the state to develop a permanent funding source from income/other taxes
• LD2000: Act to preserve successful neighborhood schools. Bill would allow historic neighborhood schools to be exempt from contemporary regulations and grant waiver from energy standards as long as the building does not compromise health and safety.
• LD2257: Act to create a uniform building and energy code-set up a standard code for building/energy use. Will need to go before standards board. Sets up description of board, makes historic preservation a priority.
• LD2019: Devotes a percentage of sales taxes from car sales to transit, rail, and aviation.

 

 

Comprehensive Planning Panel Discussion

 

Panel members introduced themselves

 

John Weber- State Planning Office

• Works with communities on comp plan development.
• Provides technical assistance.
• Had worked with the Island Institute in the past on publications (Sustaining Island Communities, Exploring Limits).
• Worked with Bill McGuinness on the best ways to provide technical assistance to Islands.
• Involved in the new review process for Comprehensive Plans.

 

Susan Burns- Senior Planner with Land Use Regulation Commission who works with unorganized territories/plantations.

• Held 8 Workshops around the state on a plan for Unorganized Territories, which has an open comment period until June 6, and she has paper copies and CDs of the draft. Has 2 main issues regarding islands
• Affordable housing on Monhegan. Reduced minimum lot size on Monhegan to 20,000 rather than 40,000 sq. ft to build on smaller lots.
• Difficulty of allocation of resources for islands, since most unorganized territory is inland.
• Maritime Development Sub-district

 

Deb Elliot-Department of Economic and community development

• Wants to touch base with island community.
• Willing to collaborate on economic development projects

 

Jane LaFleur/Beth Della Valle-Friends of Midcoast Maine

• Work with towns from Buxport to Brunswick on Comprehensive Planning and meeting facilitation. Their purpose is to help towns cope with planning/change.
• Beth worked with town of Bar Harbor on a successful comp. plan
  • Town has long tradition of Comp. Planning
  • Recent plan was overwhelmingly approved 80%
  • Started with an evolving advisory committee, and focused on the need to share the advisory committee's knowledge with the rest of the community.
  • Bring planning/decision process to the community.
  • Held large # of public meetings.
  • Truncated discussion of old issues already well covered in previous plans.
• Use engaging graphics/maps, allowed different groups to work together and balance issues.
• Use technology such as power points, charts, community VIZ, which allow the community to have a greater understanding of the consequences of certain policies.
• Integrate smart growth planning strategies
• Also currently working with Isleboro and Harpswell.

 

Rick Knowland- Planner, City of Portland

• Working to develop a comprehensive plan for Portland's Islands
• 3 Elements in plan-technical (maps, charts, demographics, resource gathering), process (most successful with greatest # of people engaged), implementation of plan.

Mike Murray- Island/Neighborhood Administrator for City of Portland.

• 3 islands have planning issues underway: affordable housing on Peaks/Cliff, Historic Structures on Great Diamond.

 

Marjorie Stratton-Vinalhaven town manager

• Tried to adopt a comp. plan in the spring of 2005, however it failed and was not adopted. She saw three main reasons for this:
• An island owner off of Vinalhaven which was zoned Resource Protection wanted to change zoning and sell the property, spoke out against plan.
• State changed laws so that the town was no longer absolutely required to adopt a comprehensive plan
• During the public hearing process the plan was watered down considerably.

 

Chris McDuffie- Chair of Long Island Comp Planning Committee

• Plan was recently defeated at town meeting by two votes because of several issues:
  • Because of size of town, issues with using census data, when it is possible to be more accurate "on the ground"
  • Plan had a budget of $300, used to fund assistance from GPCOG
  • State process complicated by adoption of new rules.
  • Found out one week before town meeting that 7 items would need to be added to the plan to be acceptable to the state, so there was controversy about why it should be adopted if it will still need more work.

 

Rudy Graf/Kathy Fiveash- from Town of Isle au Haut

• Had a plan from 1975 that needs updating
• A very large un-developed property has just come up for sale, and the town is concerned about development pressures.
• Have a committee, which is split half and half between year round and seasonal residents.
• Analyzed results, held presentation
• Held organizational meeting at the end of the summer
• Have no funding from state, $5000 from the town.
• Difficulty in bringing a very small community of 40 voters together
• Kathy said that there was concern that without plan, a developer could legally challenge ordinances.
• Asked if it is possible to write a plan that does not meet state standards and still stand up to a challenge in courts.
• Asked if it is enough to have a plan that shows the intentions of the community.

 

Beth Howe-Chebeague

• Replied that Chebeague Island is different in many ways from IAH, but have some similar issues, that issues that the state wants are not relevant. Island has issues that are not in state guidelines.
• Is it possible to create a specific formula for comp plans on islands?
• She emphasized the relative importance of education/energy vs. state issues.

 

Chris McDuffie said that the problem is that the comp plan guidelines are an outgrowth of the growth management act, which is not really an issue on islands.

 

John Weber replied that there are 490 communities in ME, and there is no way to write rules to fit all communities. The SPO tried to come up with the basic minimum requirements that towns would need to do, but they are encouraged to go beyond these. The checklist is intended to distill the rules and requirements. They also recognize that all 18 pages will not apply, possible to apply for exemptions. In Long Island's case there was disagreement over what is applicable and what is not. John also said that they are willing to work with Isle au Haut in depth to decide the best plan of action for them. Regarding the legality of having zoning regulations, he said that the Growth Management Act stipulates that a town with a zoning ordinance must be consistent with a Comprehensive Plan.

 

Beth Della Valle noted a case where this had come up: in Scarborough a court upheld a challenge from a developer, and gave the town six months to come to an agreement. While a plan does not necessarily need the approval of the state, a state certification provides an additional legal safeguard.

 

Discussion followed of whether the age of a comp plan mattered. Generally newer is better.

 

Deb Elliot said that a regional comprehensive economic development plan is updated every 5 years.

 

Jane LaFleur spoke about the importance of working with citizens through various means, such as going to other town groups, rather than expecting them to come to the planning committee.

 

Beth Della Valle talked about using active vs. passive strategies and the importance of having multiple communication strategies.

 

Rudy Graf asked if it is possible to simply update the 1975 plan, rather than writing an entirely new plan.

 

John Weber replied that some grants depend on having an approved plan, but there may be valid reasons for having a plan that does not involve the state planning office.

 

Dexter Lee commented about the need to balance concerns of non-resident tax payers with resident voters.

 

Beth Della Valle replied that on Islesboro they hope to post everything that the planning committee does on a website, which will allow non-residents to view and respond to information. It allows the committee to do online surveys for example, while recognizing that islanders may need to be reached in other ways as well.

 

Mark Greene said, regarding the state checklist, that if a town says that a certain item of the checklist is not applicable, the state planning office should simply accept it.

 

Beth Della Valle said that it is also important to think about why the town needs the plan. If the town is not concerned about zoning, getting state approval might not be applicable.

 

Carol White (Chebeague) had several suggestions

• That the SPO assign a single liaison to deal with islands to allow them to familiarize themselves with issues that islands face.
• The SPO should come up with a specific focused approach/abbreviated checklist for islands.
• She said that the most pressing need on islands is for sustainability rather than landuse plans. On islands, landuse is only one feature, alongside other issues such as energy.
• Noted that the View from a planning committee member on Chebeague that plan for the island's waters is just as important as a plan for the land.

 

John Weber asked if an abbreviated checklist would be useful. He is willing to see if the state planning office would be willing to work with islands to create an abbreviated checklist.

 

Bill McGuinness said that it will be important to work together to remove the redundancy of individual islands all facing the same issues from the state planning office regarding comprehensive plans.

 

Cyrus Moulton said that he had worked with Great Cranberry on development of a comprehensive plan, and found the rigidity of the state planning office to be not helpful in that case. The community was discouraged from doing certain things because of state rules. Certain rules were not applicable. He stressed the importance of flexibility, and asked what Cranberries could do differently.

 

John replied that the state is happy to answer questions and discuss issues with particular islands.

 

Susan Burns said that she had worked on the comp plan for her local town as well, which was found to be inconsistent with state regulations but passed by community members, so state approval is not always necessary.

 

Eva Murray asked how plans could be useful if enforcement was lacking for any land use regulations that they would contain.

 

Susan replied that enforcement varies across islands, and that she can give out a contact.

 

John Weber thanked island committee members for their input.

 

Meeting Adjourned.