An Act To Authorize Chebeague Island To Secede from the Town of Cumberland
Maine Legislature, Session 122, LD 1735
Committee Amendment CA_A_H915 (House)

. COMMITTEE AMENDMENT .f}, to H.P. 1243, L.D. 1735:" Bill, "An Act To 
Authorize Chebeague Island To Secede from the Town of Cumberland" 
Amend the bill by inserting after the title the following: 
'Mandate preamble. This measure requires one or more local units of government 
to expand or modify activities so as to necessitate additional expenditures from local 
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to 
the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to 
each House have determined it necessary to enact this measure.' 
Further amend the bill by striking out everything after the enacting clause and before 
the summary and inserting in its place the following: 
'Sec. 1. Separation and incorporation; Town of Chebeague Island. The 
residents of the following territory now within the Town of Cumberland and the County 
of Cumberland having expressed their intent, in a special referendum election of the 
voters of the territory of Chebeague Island lawfully conducted in accordance with the 
Maine Revised Statutes, Title 30-A, section 2171-D on November 8, 2005, to be 
separated from the Town of Cumberland and incorporated into a separate town by the 
name of the Town of Chebeague Island, the Town of Chebeague Island is separated in 
accordance with this Act. The Town of Chebeague Island, referred to in this Act as 
"Town of Chebeague Island" or "the secession territory," consists of: all that part of the 
Town of Cumberland in Cumberland County lying east of a line beginning at the existing 
boundary where the Town of Cumberland, the Town of Falmouth and the Town of Long 
Island meet in the waters northwest of Little Chebeague Island located at a point 
approximately 43 degrees, 43 minutes, 27 seconds North by 70 degrees, 10 minutes, 12 
seconds West and following a line extending approximately 36 degrees Northwest to the 
southernmost comer of the Town of Yarmouth in the waters south of Spruce Point in the 
Town of Yarmouth located at a point approximately 43 degrees, 44 minutes, 18 seconds 
North by 70 degrees, 9 minutes, 20 seconds West. 
The islands northwest of this 
boundary, Sturdivant Island and Basket Island, remain with the Town of Cumberland. 
COMMITTEE AMENDMENT 
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COMMITTEE ~NDMENT 'It to H.P. 1243, L.D. 1735 
The islands of Bates, Hope, Jewell (easterly portion), Little Jewell, Ministerial, Sand, 
Stave, Crow, Bangs, Stockman, West Brown Cow, Upper Green, Goose Nest, Rogues, 
Broken Cove, Little Chebeague (easterly portion), together referred to in this Act as "the 
Outer Islands," and Great Chebeague are included in the secession territory. 
The Town of Chebeague Island remains within Cumberland County. 
Sec. 2. 
Details of separation pursuant to agreements. 
Pursuant to the 
agreement between the secession representatives and the Town of Cumberland and the 
agreement between the secession representatives and School Administrative District 51, 
referred to in this Act as "SAD No. 51," as found in the report submitted pursuant to the 
Maine Revised Statutes, Title 30-A, section 2172, the following provisjons regarding the 
separation of the secession territory from the Town of Cumberland and SAD No. 51 must 
be met. 
1. Municipal separation. The following provisions relate to separation of the 
secession territory from the Town of Cumberland. 
A. All real and personal tangible property owned by the Town of Cumberland and 
situated within the secession territory is the property of the Town of Chebeague 
Island on July 1,2007 and all real and personal tangible property owned by the Town 
of Cumberland and situated on the Cumberland mainland remains the property of the 
Town of Cumberland. mcluded in the personal property that must be conveyed from 
the Town of Cumberland to the Town of Chebeague Island is a new fire truck that is 
in the process of being built and anticipated to be delivered to the secessio:n territory 
in the spring of 2006. The Town of Cumberland may not remove, transfer or convey 
any real or personal property located within the secession territory after the effective 
date of this Act, except in the ordinary course of its operations. Any property 
removed, transferred or conveyed must be returned and assigned, transferred or 
conveyed to the Town of Chebeague Island on July 1,2007. 
B. After July 1, 2007, the Town of Chebeague Island shall pay to the Town of 
,Cumberland on an annual basis, or on such other schedule as the Town of 
Cumberland and the Town of Chebeague Island may agree to, 50% of the property 
taxes committed to the Town of Chebeague Island from the Outer Islands for a period 
of 50 years commencing on July 1,2007. 
C. The Town of Chebeague Island shall pay the sum of $1,300,000 to the Town of 
Cumberland by December 31, 2007 for real and personal property in full and final 
satisfaction of all outstanding obligations and liabilities except for ongoing 
obligations expressly stated in this Act. 
D. If the Town of Cumberland's proportional share of Cumberland County expenses 
and debt that existed on April 1,2006, or the contingent guaranty of Regional Waste 
Systems debt that existed on April 1, 2006, becomes due and payable because of a 
default of the Town of Cumberland due to circumstances beyond its control, the 
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COMMITTEE AMENDMENT ,~, to H.P. 1243, L.D.1735 
Town of Chebeague Island shall pay on rightful demand by the holder of the debt 
13% of the Town of Cumberland's proportional share of the defaulted debt to the 
holder of the debt. 
E. 
The Town of Cumberland shall assign its lease from the State of Maine, 
Department of Transportation for the Blanchard lot in the Town of Yarmouth to the 
Town of Chebeague Island, as well as responsibility for the agreement between the 
Town of Cumberland and the Department of Transportation in regard to Wharf Road 
in the Town of Yarmouth. The Town of Cumberland also shall transfer to the Town 
of Chebeague Island all of its right, title and interest, to the extent it has any, and its 
obligations in regard to the Cousins Island Wharf. The Town of Chebeague Island, 
upon assignment or tranSfer, shall assume full responsibility for the Blanchard lot, the 
Wharf Road and the Cousins Island Wharf. 
F. The Town of Cumberland shall maintain and is responsible for all licensing, 
testing and monitoring requirements related to the existing landfill located in the 
Town of Cumberland, referred to in this Act as "the Cumberland landfill." The Town 
of Cumberland shall hold harmless, defend and indemnify the Town of Chebeague 
Island against all claims, liabilities, costs and damages arising from or related directly 
or indirectly to the Cumberland landfill. 
The Town of Chebeague Island shall 
maintain and.is responsible for all licensing, testing and monitoring requirements 
relating to the existing landfill located on Chebeague Island, referred to in this Act as 
"the Chebeague landfill." The Town of Chebeague Island shall hold harmless, defend 
and indemnify the Town of Cumberland against all claims, liabilities, costs and 
damages arising from or related directly or indirectly to the Chebeague landfill. 
The 
respective transfer stations for each landfill become the responsibility of each town 
on July 1,2007. The Town of Cumberland shall use its best efforts to have Regional 
Waste Systems or any successor entity offer membership to the Town of Chebeague 
Island based on the secession territory's share of the current tonnage provided to 
Regional_Waste Systems by the Town of Cumberland. 
G. The Town of Cumberland and the secession territory shall explore an interlocal 
agreement that achieves efficient and consolidated rescue support, E-9-1-1 services, 
firefighter training and other necessary emergency services for the Town of 
Chebeague Island at a reasonable cost. 
H. As of July 1; 2007, the Town of Chebeague Island is not obligated to pay any 
amounts to the Town of Cumberland, other than contingent assumed debt as specified 
in paragraph D, the financial consideration as specified in paragraph C, the tax 
payments as specified in paragraph B and potential indemnity payments related to the 
Chebeague landfill as specified in paragraph F, or be liable to the Town of 
Cumberland for any reason. 
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COMMITTEE AMENDMENT eft to H.P. 1243, L.D. 1735 
1. Residents of the Town of Cumberland and the Town of Chebeague Island have 
equal access to municipally owned public lands for recreation, fishing and related 
activities. Residents of the Town of Cumberland, the Town of Chebeague Island and 
the Town of North Yarmouth have equal access to shellfish rights. 
2. School Administrative District 51 separation. The following provisions relate 
to the separation of the secession territory as it relates to SAD No. 51. 
A. SAD No. 51 shall convey to the Town of Chebeague Island, by quitclaim bill of 
sale, all of SAD No. 51 's right, title and interest in all tangible personal property 
owned by SAD No. 51 and situated in the secession territory on July 1, 2007. SAD 
No. 51 shall convey to the Town of Chebeague Island, by quitclaim deed, all of SAD 
No. 51 's right, title and interest in all real property owned by SAD No. 51 and 
situated on Chebeague Island on July 1, 2007. The conveyances must fully and 
fmally satisfy all outstanding obligations and liabilities of SAD No. 51 to the Town 
of Chebeague Island except for ongoing obligations expressly stated in this Act. 
SAD No. 51 may not remove, transfer or convey any real or personal property 
located on Chebeague Island after the effective date of this Act except in the ordinary 
course of SAD No. 51 's operations. All real, personal and intangible property owned 
by SAD No. 51 that is not situated on Chebeague Island as of July 1,2007 remains 
the property of SAD No. 51. SAD No. 51 shall assume all liabWties, known or 
unknown, arising from conditions currently existing or hereafter arising with respect 
to real and personal property that SAD No. 51 retains. The Town of Chebeague 
Island shall assume all liabilities, mown or unknown, arising from conditions 
currently existing or hereafter arising with respect to real or personal property that 
SAD No. 51 conveys -to the Town of Chebeague Island. 
B. With respect to all SAD No. 51 debt existing on April 1, 2006, referred in this Act 
as "the assumed SAD No. 51 debt," the Town of Chebeague Island shall assume, and 
pay SAD No. 51, no later than 30 days before payments become due and payable by 
SAD No. 51, a percentage share of principal and interest of the assumed SAD No. 51 
debt that at the time of payment equals the ratio of the state valuation, as determined 
by the Department of Administrative and Financial Services, Bureau of Revenue 
Services pursuant to the Maine Revised Statutes, Title 36, section 305, subsection 1, 
of the Town of Chebeague Island to the combined state valuations of the Town of 
Cumberland, the Town of North Yarmouth and the Town of Chebeague Island. For 
purposes of this subsection, the Town of Chebeague Island's percentage share of the 
assumed SAD No. 51 debt must be determined using the most recent certified state 
valuations as of July 1 st in the fiscal year in which the payment becomes due. 
C. In exchange for the acceptance of tuition students from the Town of Chebeague 
Island and for the turnover of various assets on Chebeague Island, in full and final 
satisfaction of all outstanding obligations and liabilities of the Town of Chebeague 
Island to SAD No. 51 except for ongoing obligations expressly stated in this Act, the 
Town of Chebeague Island shall pay to SAD No. 51 the sum of $3,500,000, referred 
to in this Act as "the SAD payment," in full no later than December 31, 2007. The 
SAD No. 51 school board, referred to in this Act as "the board," shall enter into a 
contract, to commence July 1, 2007 and to expire June 30, 2014, with the school 
committee of the Town of Chebeague Island for the education of any student residing 
with a parent or legal guardian in the Town of Chebeague Island from grades 6 to 12 
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COMMITTEE AMENDMENT "A' to H.P. 1243, L.D. 1735 
electing to attend school in SAD No. 51. The contract must be binding upon the 
board and the school committee of the Town of Chebeague Island without further 
authorization or approval. 
The contract must be binding on the successors and 
assigns of the Town of Chebeague Island and SAD No. 51. Tuition for Chebeague 
Island students must be covered by the SAD payment, except that any additional 
costs attributable to special education students must be paid by the Town of 
Chebeague Island. 
SAD No. 51 shall provide transportation to the Town of 
Chebeague Island students in accordance with the SAD No. 51 school schedule once 
daily each way from a ferry dock in the Town of Yarmouth designated by the school 
committee of the Town of Chebeague Island to the SAD No. 51 schools and from the 
schools back to the ferry dock. All other transportation, including extra bus runs and 
ferry service, must be provided by the Town of Chebeague Island. Nothing in this 
Act prevents the school committee of the Town of Chebeague Island from tuitioning 
students to or entering into tuition contracts with other school administrative units. 
D. If the board conducts a referendum between April 1, 2006 and July 1,2007 on 
any debt to be incurred after July 1,2007, the residents of the secession territory must 
be excluded from the legislative body of SAD No. 51 for purposes of the referendum. 
Sec. 3. Effective date of separation. The secession territory is separated from 
the Town of Cumberland and is incorporated as the Town of Chebeague Island on July 1, 
2007. 
Sec. 4. Provision for fIrst meeting. Within 60 days of the effective date of this 
Act, a justice of the peace or notary public may issue a warrant to any legal voter in the 
secession territory directing that legal voter to notify the municipal inhabitants of a public 
meeting to select 9 transition representatives by written ballot. Notice to the municipal 
inhabitants must be provided at least 7 days prior to the meeting. Effective immediately 
after the election, the transition representatives selected at the meeting are vested with the 
powers to represent the future Town of Chebeague Island and to enter into letters of 
intent and memoranda of understanding for the establishment of its local government, to 
negotiate interlocal agreements and to engage in other necessary transition activities. 
Any agreements made by the transition representatives must be presented for ratification 
by the Town of Chebeague Island's legislative body after the incorporation of the Town 
of Chebeague Island. The term of the transition committee members expires on July 1, 
2007. 
Within 30 days prior to July 1, 2007, a justice of the peace or notary public may issue 
a warrant to any legal voter in the Town of Chebeague Island directing that legal voter to 
notify the municipal inhabitants of a public meeting to select municipal officers and 
school board members and to transact municipal business to be held at a time and place 
specified in the warrant. Notice to the municipal inhabitants must be provided at least 7 
days prior to the meeting. Effective July 1, 2007, municipal officers and school board 
members selected at the meeting are vested with all of the powers and duties that other 
duly elected municipal officers and school board members have, including the power to 
raise, borrow and spend money. 
Sec. 5. 
Form of government. The Town .of Chebeague Island shall adopt the 
town meeting as its form of government. 
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COMMITIEE AMENDMENT 'f/" to H.P. 1243, L.n. 1735 
This Act does not prevent the Town of Chebeague Island from voting to change its 
form of government without a further act of the Legislature. 
Sec. 6. Education needs. Upon the date of its secession from the Town of 
Cumberland and incorporation as the Town of Chebeague Island, the Town of Chebeague 
Island becomes a municipal school unit as defmed in the Maine Revised Statutes, Title 
20-A, section 1, subsection 19. No further referenda, legislation or dispensations by the 
State, or any of its officers, departments or agencies is required of the Town of 
Chebeague Island prior to its undertaking the education of its school-age children. 
1. Provision of educational services. The Town of Chebeague Island shall start 
providing educational services in the manner described in its report to the Legislature 
pursuant to section 2 upon the date of its secession from the Town of Cumberland and 
incorporation as the Town of Chebeague Island. 
2. 
Educational requirements. 
The requirements of Title 20-A regarding the 
provision of public education to students, including, but not limited to, matters of 
curriculum, instruction, transportation, mainland student transition, attendance, student 
eligibility for enrollment, student records, audits, employee and applicant records, 
standards and assessment of student performance, health, nutrition and safety, 
immunization, school lunch programs, special education, school finances, gifted and 
talented students, career and technical education and adult and vocational education are 
all applicable to the educational services provided by the Town of Chebeague Island. 
3. Transition governance. The Town of Chebeague Island's education plan must 
provide for the transition of administration and governance of the Chebeague Island 
School to the properly elected Town of Chebeaglle Island school committee. 
4. School committee authority. This Act may not be construed to prevent the Town 
of Chebeague Island school committee from making changes to the provision of 
educational services and the education plan in accordance with the school committee's 
powers and duties pursuant to Title 20-A. 
Sec. 7. Hold harmless provision. The municipal officers, municipal officials and 
residents of the Town of Cumberland; the directors and member muniCipalities of Maine 
School Administrative District 51; the representatives of the secession territory; the 
municipal officers, municipal officials and residents of the Town of Chebeague Island; 
and all their agents are immune from liability for any action taken as a result of this Act. 
Sec. 8. Enforce~ent. The Town of Chebeague Island, the Town of Cumberland 
or SAD No. 51, or their successors in interest, may enforce this Act by civil action in 
Superior Court. In any action between theTown of Chebeague Island and SAD No. 51, 
the court shall award reasonable attorney's fees to the prevailing party.' 
. SUMMARY 
This amendment changes the boundary lines so that Sturdivant Island and Basket 
Island remain part of the Town of Cumberland. It details the agreements between the 
secession territory and the Town of Cumberland and the secession territory and School 
Administrative District 51. 
It requires the secession territory to select 9 transition 
representatives to act for the territory from within 60 days of the effective date of the bill 
to the effective date of separation. It authorizes the Town of ~hebeague Island, the Town 
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COMMITTEE AMENnMENT "~ to H.P. 1243, L.D. 1735 
of Cumberland and School Administrative District 51 to enforce. the provisions of the bill 
by civil action in Superior Com. 
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COMMITTEE AMENDMENT 
Revised: 04/03/06 ~ac. 
LD 1735 
LR2562(02) 
An Act To Authorize Chebeague Island to Secede from the Town of Cumberland 
Fiscal Note for Bill as Amended by Committee Amendment ,~" 
Committee: State and Local Government 
Fiscal Note Required: Yes 
Fiscal Note 
Exempted State Mandate 
State Mandate 
New or Expanded Activity 
Authorizing Chebeague Island to secede from the town of Cumberland is a state 
mandate pursuant to the Maine Constitution. Additional local costs include those 
associated with reconfiguring boundaries and maps, changing assessing records and 
revenue collection procedures and other administrative responsibilities. It should be 
noted that the towns directly impacted have agreed to comply with the requirements 
of this bill. The administrative costs are not expected to be significant. Pursuant to 
the mandate preamble, a 2/3s vote of each body of the Legislature exempts the State 
from the requirement to provide funding for this mandate. 
Fiscal Detail and Notes 
Unit Affected 
Municipality 
County 
Costs 
Insignificimt 
This legislation will not affect the total cost of funding K-12 public education beginning in fiscal year 2007-08 or the 
General Fund appropriation required for the State's share. This legislation may impact the amount of funds required to 
be raised by local school administrative units. The impact to each individual school unit can not be determined at this 
time. 
LR2562(2) - Fiscal Note - Page I of I