An Act To Authorize Peaks Island, House Island, Pumpkin Knob and Catnip Island To Secede from the City of Portland
Maine Legislature, Session 125, LD 1079
Committee: State and Local Government
Sponsors: WEAVER, SNOWE-MELLO, BEAUDOIN, CURTIS, CUSHING, HAMPER, KNIGHT, NEWENDYKE, ROSEN, TUTTLE

Legislative Document 
No. 1079 
H.P. 814 
House of Representatives, March 15, 2011 
An Act To Authorize Peaks Island, House Island, Pumpkin Knob 
and Catnip Island To Secede from the City of Portland 
Reference to the Committee on State and Local Government suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative WEAVER of York. 
Cosponsored by Senator SNOWE-MELLO of Androscoggin and 
Representatives: BEAUDOIN of Biddeford, CURTIS of Madison, CUSHING of Hampden, 
HAMPER of Oxford, KNIGHT of Livermore Falls, NEWENDYKE of Litchfield, ROSEN of 
Bucksport, TUTTLE of Sanford. 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-1.  Separation of Peaks Island, House Island, Pumpkin Knob and 
Catnip Island and incorporation as Town of Peaks Island.  Subject to a 
referendum election held in accordance with section 2 of this Part, the following territory 
now within the City of Portland and Cumberland County, together with the inhabitants of 
that territory, is separated and set off from the City of Portland and incorporated into a 
separate town by the name of the Town of Peaks Island: Peaks Island, House Island, 
Pumpkin Knob, Catnip Island and the surrounding waters, referred to in this Act as "the 
Peaks Island territory."  By virtue of this separation, the Town of Peaks Island is also 
removed from the jurisdiction of the Board of Harbor Commissioners of the Port of 
Portland but remains within Cumberland County. 
The boundaries of the Town of Peaks Island are described as follows: All that part of 
the City of Portland in Cumberland County in the State of Maine beginning from sea 
NNW along the Long Island line to a point in the waters of Hussey Sound between Long 
Island, Peaks Island and Great Diamond Island starting at 43° 40' 47.1" N by 70° 10' 
56.29" W, extending SW to 43° 40' 35.93" N by 70° 11' 12.04" W, continuing to 43° 40' 
0.13" N by 70° 12' 5.78" W, continuing SW to 43° 39' 34.86" N by 70° 12' 34.34" W, 
then SW to 43° 39' 3.69" N by 70° 12' 59.96" W, then SE to 43° 38' 54" N by 70° 12' 
47.73" W, then E to 43° 38' 56.37" N by 70° 11' 34.73" W, then E to 43° 38' 57" N by 
70° 11' 8.64" W, then SSE to sea along a line parallel to the Long Island line. 
Sec. A-2.  Referendum election.  This Part takes effect no sooner than 30 days 
after completion of agreement or arbitration of debts and assets between the Peaks Island 
territory and the City of Portland in Part B to permit its submission to the voters of the 
Peaks Island territory at a special referendum election to be held on January 10, 2012. 
Warrants must be issued for this election notifying the qualified voters to vote on the 
approval or rejection of this Part. 
For the purposes of this referendum election, all persons resident and legally 
registered to vote within the Peaks Island territory are eligible to vote on the question 
with respect to the separation of the Peaks Island territory from the City of Portland. 
The city clerk of the City of Portland shall prepare the required ballots on which the 
subject matter of this Act must be reduced to the following question: 
"Do you favor the separation of Peaks Island, House Island, Pumpkin 
Knob and Catnip Island and the surrounding waters from the City of 
Portland and their incorporation as a separate town?" 
The voters shall indicate by a cross or check mark placed against the word "Yes" or 
"No" their vote on this question. 
The referendum election must be conducted by the city clerk of the City of Portland, 
who shall declare the result of the election. After the polls close and after a ballot 
inspection and recount, if one is necessary, the city clerk's declaration of the election 
results is final, subject to review by the Superior Court for the County of Cumberland. 
The city clerk shall file the results of the referendum election with the Secretary of State. 
The Peaks Island territory shall reimburse the City of Portland for the reasonable and 
necessary administrative costs the City of Portland incurs in conducting this referendum 
election. 
Sec. A-3.  Effective date of separation.  If a majority of those voting in the 
referendum under section 2 of this Part approve the question, this Part takes effect with 
respect to the Peaks Island territory and the Peaks Island territory is separated from the 
City of Portland and is incorporated as the Town of Peaks Island on July 1, 2012. 
Sec. A-4.  Provision for first meeting.  If a majority of those voting in the 
referendum under section 2 of this Part approve the question, within 30 days after the 
election a justice of the peace or notary public may issue a warrant to any legal voter in 
the Peaks Island territory directing that legal voter to notify the municipal inhabitants 
within the Peaks Island territory 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 Peaks 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 Peaks Island’s legislative body after the incorporation of the 
Town of Peaks Island.  The term of the transition committee members expires July 31, 
2012. 
Within 30 days prior to July 1, 2012, a justice of the peace or notary public may issue 
a warrant to any legal voter in the Town of Peaks 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, 2012, municipal officers and school board 
members selected at the meeting are vested with all 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. A-5.  Form of government.  If a majority of those voting in the referendum 
under section 2 of this Part approve the question, the Town of Peaks Island will be 
incorporated and separated from the City of Portland on July 1, 2012 and shall adopt the 
town meeting as its form of government. 
This Act does not prevent the Town of Peaks Island from subsequently voting to 
change its form of government without the necessity of a further act of the Legislature. 
Sec. A-6.  Allocation of debts and assets.  If the Town of Peaks Island is 
incorporated and is separated from the City of Portland on July 1, 2012, the Town of 
Peaks Island shall assume its just and due proportion of the debts of the City of Portland 
and must receive the same proportion of the assets of the City of Portland, including 
property taxes collected from July 1, 2011 to June 30, 2012.  Any debt or any asset may 
be excluded upon agreement of both parties. 
Sec. A-7.  Sewage treatment services.  If the Peaks Island territory is separated 
from the City of Portland and is incorporated as the Town of Peaks Island, the Portland 
Water District shall provide wastewater and sewage services to the Town of Peaks Island 
in accordance with the district's charter. The allocation of financing, operating and 
maintenance costs and any other costs related to wastewater and sewage collection, 
interception and treatment under this section must be consistent with the Portland Water 
District charter, except that, if agreement is not reached between the Town of Peaks 
Island and the City of Portland, the arbitration panel established pursuant to Part B, 
section 2 may allocate or reallocate between the City of Portland and the Town of Peaks 
Island any of the financing, operating and maintenance costs and any other costs related 
to wastewater and sewage collection in its total allocation of debts and assets. 
If the Town of Peaks Island fails to make necessary payments on any bonded 
indebtedness and interest for the wastewater and sewage collection facilities on Peaks 
Island allocated to the Town of Peaks Island pursuant to section 6 of this Part, the City of 
Portland shall pay the principal and interest on any bonds issued by the Portland Water 
District prior to July 1, 2012.  If the City of Portland makes such payments, the Town of 
Peaks Island shall reimburse the City of Portland those payments and the City of Portland 
has a cause of action against the Town of Peaks Island for any unpaid amount of those 
payments. 
Sec. A-8.  Water rates.  If the Town of Peaks Island is incorporated and is 
separated from the City of Portland, the Portland Water District shall provide water 
service to the Town of Peaks Island in accordance with the district's charter and may 
charge rates in accordance with the provisions of the Maine Revised Statutes, Title 35-A, 
chapter 61. 
PART B 
Sec. B-1.  Other duties and responsibilities.  Projected debts, assets and 
property taxes for the period June 30, 2011 to July 1, 2012 must be allocated between the 
City of Portland and the Town of Peaks Island as set forth in Part A, section 6. The City 
of Portland and the Town of Peaks Island shall allocate other duties and responsibilities 
between themselves as they mutually determine to be necessary and appropriate and shall 
negotiate with each other in good faith. 
Sec. B-2.  Agreement binding; binding arbitration.  Negotiations under 
section 1 of this Part must be completed by November 1, 2011.  This deadline may be 
extended by mutual agreement of the City of Portland and the Town of Peaks Island.  If 
the parties reach agreement by the date agreed upon by the parties, the agreement must be 
reduced to writing and is final and binding on the City of Portland and the Town of Peaks 
Island upon incorporation of the Town of Peaks Island on July 1, 2012, if the referendum 
question in Part A, section 2 is approved. 
If the parties do not reach agreement by November 1, 2011, the parties shall submit 
any matters remaining in dispute to a panel of arbitrators and shall reduce to writing all 
matters agreed upon. The panel of arbitrators consists of one arbitrator selected by the 
City of Portland, one arbitrator selected by the representatives of the Island Independence 
Committee and one neutral arbitrator selected jointly by the other 2 arbitrators.  Each 
party shall pay the cost of the arbitrator it chooses; the costs of the neutral arbitrator must 
be apportioned and paid equally by the City of Portland and the Peaks Island territory.  
Determination of disputed matters by the panel of arbitrators is final and binding on the 
parties.  The arbitration must be administered under the auspices of the American 
Arbitration Association and, except for the selection of arbitrators, is governed by the 
commercial rules and procedures of the American Arbitration Association.  The concept 
of "last best offer" must be used. These issues must be resolved no later than December 1, 
2011. 
Sec. B-3.  Educational needs.  Upon the date of its secession from the City of 
Portland and incorporation as the Town of Peaks Island, the Town of Peaks Island 
becomes a municipal school unit as defined 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 Peaks Island prior 
to its undertaking the education of its school-age children. 
The Town of Peaks Island shall start providing education services upon the date of its 
secession from the City of Portland and incorporation as the Town of Peaks Island as 
required by Title 20-A, 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. 
The Town of Peaks Island's education plan must provide for the transition of 
administration and governance of the Peaks Island School to the properly elected Town 
of Peaks Island school board. This Act may not be construed to prevent the Town of 
Peaks Island school board from making changes to the provision of education services 
and the education plan in accordance with the school board's powers and duties pursuant 
to Title 20-A. 
PART C 
Sec. C-1.  Hold harmless provision and enforcement.  The municipal officers, 
municipal officials and residents of the City of Portland and the Town of Peaks Island 
and all their agents are immune from liability for any action taken as a result of this Act.  
The City of Portland and the Town of Peaks Island, or their successors in interest, may 
enforce this Act by civil action in Superior Court. In any action between the City of 
Portland and the Town of Peaks Island, the court shall award reasonable attorney's fees to 
the prevailing party. 
Sec. C-2.  Equal rights.  After the separation and incorporation of the Town of 
Peaks Island, residents of the Town of Peaks Island and the City of Portland continue to 
enjoy equal access to municipally owned public lands for travel, recreation and related 
activities and enjoy all the rights and privileges they enjoyed before the separation, just as 
residents of other towns and municipalities enjoy. 
SUMMARY 
This bill authorizes the incorporation of Peaks Island, House Island, Pumpkin Knob 
and Catnip Island into the Town of Peaks Island if the legal residents of those territories 
approve, by referendum, separation from the City of Portland and incorporation as a 
separate town. Part B clarifies the binding arbitration process.  Part C specifies the 
liability and rights of the City of Portland and the Town of Peaks Island.