tag:blogger.com,1999:blog-42219724224828173092024-02-08T05:59:08.715-08:00Northern New England Municipal Law BlogUpdates and commentary from Preti Flaherty's municipal law attorneys.Preti Flahertyhttp://www.blogger.com/profile/15705885958424673901noreply@blogger.comBlogger95125tag:blogger.com,1999:blog-4221972422482817309.post-24958906111061530402022-05-03T11:34:00.000-07:002022-05-03T11:34:06.329-07:00It’s A High-Flying Flag: Shurtleff v. Boston and Municipal Flag PoliciesYesterday, the U.S. Supreme Court issued its decision in Shurtleff v. Boston in which it ruled unanimously that the City of Boston violated the Constitution by denying a request from a religious organization to fly a Christian flag on a flagpole in front of City Hall. The Supreme Court held that Boston’s actions violated the First Amendment by restricting speech based on a religious viewpoint. Cameron Ferrantehttp://www.blogger.com/profile/08303684800784746243noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-35132918714550172862022-04-13T12:22:00.000-07:002022-04-13T12:22:05.696-07:00An Update on the Pending Affordable Housing Legislation (LD 2003)On March 16, after a marathon eight-hour work session, the Committee on Labor and Housing issued a divided report on LD 2003, Speaker Fecteau’s emergency affordable housing bill. The bill did many things in an effort to address Maine’s continued housing crisis; some good and some bad. On April 7, in response to extensive public comments, Speaker Fecteau introduced a significant amendment to LD Cameron Ferrantehttp://www.blogger.com/profile/08303684800784746243noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-58804071096790391092022-01-21T13:55:00.003-08:002022-01-21T13:55:41.295-08:00What Can the IIJA Do for Your Internet?As you may have heard, Congress has appropriated $65 billion for broadband projects within the Infrastructure Investment and Jobs Act (IIJA). Of that, $42 billion is being dedicated to the Broadband Equity, Access, and Deployment (BEAD) Program administered by the National Telecommunications and Information Administration (NTIA). Under the BEAD Program, Maine and every other state will receive atCameron Ferrantehttp://www.blogger.com/profile/08303684800784746243noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-26745832654650800952022-01-14T09:48:00.002-08:002022-01-14T09:48:40.703-08:00What Do the Supreme Court's Vaccination Rulings Mean for Your Business?Reflecting the deep rift in public opinion concerning the government’s role in dictating how businesses, health care entities and public sector employers ought to act to stem the spread of COVID-19, a divided U.S. Supreme Court yesterday blocked an injunction of OSHA’s emergency rule which would have required an estimated 80 million employees to either fully vaccinate or submit to a regular Kristin Collinshttp://www.blogger.com/profile/09826265625911418366noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-14543661321805442552022-01-12T10:47:00.001-08:002022-01-12T10:47:59.229-08:00Treasury Department Expands ARPA Funding Eligibility for Broadband DevelopmentOn January 6, 2022, the Treasury Department issued its final
rule on the American Rescue Plan Act State and Local Fiscal Recovery Funds
(“SLFRF”) program and it contained good news for municipalities considering
broadband infrastructure investments. In response to concerns raised by
broadband advocates and recipients, Treasury has significantly broadened the
scope of eligible broadband Cameron Ferrantehttp://www.blogger.com/profile/08303684800784746243noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-42412960487509817362021-11-23T08:11:00.000-08:002021-11-23T08:11:05.008-08:00Broadband Funding Options: Show Me the Money!The federal government’s recent largesse has made broadband infrastructure development a focus of discussion in many communities. The pleasing number of zeroes contained in the American Rescue Plan Act (ARPA) and more recent infrastructure bill may, however, distract from other available sources of broadband development funding. There are several existing state and federal loan and grant programsCameron Ferrantehttp://www.blogger.com/profile/08303684800784746243noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-83884673002827938172021-11-15T10:40:00.000-08:002021-11-15T10:40:57.547-08:00FOAA Changes Now in EffectSeveral changes to Maine’s Freedom of Access Act quietly went into effect on October 18, 2021. Passed in the waning days of the Legislature’s special session, L.D. 1345 and 1346 expanded mandatory FOAA training requirement for municipal officials, modified the Right to Know Advisory Committee membership and responsibilities, and limited the fees that officials and agencies may charge for Cameron Ferrantehttp://www.blogger.com/profile/08303684800784746243noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-29352317776252354672021-08-03T08:33:00.001-07:002021-08-03T08:33:45.295-07:00Does the Delta Variant Vary the New Rules on Remote Meetings?With the Delta variant has come new recommendations suggesting that individuals once again wear masks in indoor public settings. We are getting a lot of questions regarding whether this new guidance counts as “an emergency requiring the board to meet by remote means,” such that remote participation is allowed under the new law. Because the current guidance is simply that masks should be worn Kristin Collinshttp://www.blogger.com/profile/09826265625911418366noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-73953968018795334782021-08-02T13:01:00.001-07:002021-08-02T13:01:42.294-07:00Why Getting Connected Matters More Than Ever – And How We Can HelpThis is likely not the first post or article you’ve read about the great broadband rush that’s sweeping the country. Working and schooling from home during the pandemic have highlighted the need to ensure that every community – no matter how rural – has access to broadband internet. The pandemic has also created economic opportunity by encouraging workers to relocate and potentially expand the Kristin Collinshttp://www.blogger.com/profile/09826265625911418366noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-54557578532050167292021-06-23T08:31:00.000-07:002021-06-23T08:31:18.423-07:00Municipalities to Resume In-Person Public MeetingsAfter nearly a year and a half of remote proceedings, Maine municipal, county, and school boards will soon be required to reconvene in-person public meetings. On June 21, Governor Mills signed into law L.D. 32, “An Act Regarding Remote Participation in Public Proceedings.” The new law finally authorizes some remote participation in meetings – an issue that was quite divisive in pre-COVID days – Allaina Murphyhttp://www.blogger.com/profile/13769029314262525984noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-26005930082299228542020-09-18T11:05:00.002-07:002020-09-18T11:05:53.618-07:00Development Projects and the Limits of MoratoriaI am always struck at how vigorously some property owners oppose development projects, despite their having previously, and successfully, pursued identical projects. Do they not remember that they did the exact same thing? Is there some definition of fairness I am not aware of? Whatever the cause, it can be exasperating for the developer and detrimental to sound zoning and planning. A recent Michael Lanehttp://www.blogger.com/profile/03877342516712053579noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-74741440564437323102020-08-27T14:39:00.000-07:002020-08-27T14:39:47.139-07:00Maine Governor Issues Executive Order Regarding the November ElectionGovernor Mills has issued a new executive order to facilitate the November 2020 general election. The stated purpose of the order is to ensure the integrity of the ballot and to protect the public health during the COVID-19 emergency.
The order includes a limit of 50 or fewer people in each polling place and that the statutory minimum number of voting booths are not required if it would Stephen Langsdorfhttp://www.blogger.com/profile/02537967262145049956noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-86938439516643860712020-08-06T13:24:00.000-07:002020-08-06T13:24:32.205-07:00What Is the Municipal Liquidity Facility?There is no question that COVID-19 has had a major impact on state and local governments’ revenue and expenses. To what extent it will impact any particular governmental unit will vary depending on its mix of revenue sources. In an effort to address state and local cash flow pressures and tax revenue shortfalls, the Board of Governors of the Federal Reserve System (the “Federal Reserve”) and Unknownnoreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-1321050629167529122020-07-28T06:44:00.000-07:002020-07-28T06:44:24.384-07:00Parties Close to Settlement of Voting Rights CaseA lawsuit was filed in U.S. District Court on July 17, 2020, against the State of Maine and the Cities of Augusta, Portland, and Bangor and the Town of Winslow, alleging violations of the Americans with Disabilities Act on behalf of four visually impaired voters. The aim of the case is to cause the State and municipalities to implement a system which would allow blind voters to vote absentee Stephen Langsdorfhttp://www.blogger.com/profile/02537967262145049956noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-1061873460127545782020-06-18T09:59:00.000-07:002020-06-18T09:59:08.089-07:00Superior Court Supports Portland’s Home Rule ArgumentJustice Kennedy of the Cumberland County Superior Court recently ruled in favor of the City of Portland, giving significant deference to a municipality’s interpretation of its own charter. In the case of Fair Elections Portland v. City of Portland, the Court held that in a disputed factual context the judiciary would defer to the City’s determination that a petition that had been circulated for Stephen Langsdorfhttp://www.blogger.com/profile/02537967262145049956noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-87978736341584329052020-05-21T07:07:00.000-07:002020-05-21T07:07:24.063-07:00State Issues COVID-19 Guidance Document for Reopening Public and Community BuildingsAs part of Phase 2 of the Restarting Maine's Economy initiative, the State yesterday released guidance on safe reopening of municipal and other government buildings. Read the full COVID-19 Prevention Checklist here.Kristin Collinshttp://www.blogger.com/profile/09826265625911418366noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-73610681892181639082020-05-13T12:06:00.000-07:002020-05-13T12:06:14.219-07:00State Ceases Enforcement of Marijuana Business Residency RequirementThe Office of Marijuana Policy issued a letter on May 11, stating that, “Following the advice of the Office of the Attorney General, DAFS and OMP will cease enforcement of the residency requirement included in the Marijuana Legalization Act and the Adult Use Program Rule.” This decision is issued in response to a lawsuit filed against DAFS, which challenged the constitutionality of the Kristin Collinshttp://www.blogger.com/profile/09826265625911418366noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-39628888970888822252020-04-30T09:24:00.000-07:002020-04-30T09:24:53.520-07:00NH Governor's Emergency Order Re: Excess ExpendituresUnder RSA 32:10, the governing body of a municipality may transfer an unexpended balance in one appropriation to another appropriation, provided that the total amount spent for the year shall not exceed the total amount appropriated at Town Meeting. However, RSA 32:11 provides that when "an unusual circumstance arises during the year which makes it necessary to expend money in excess of an Mark H. Pufferhttp://www.blogger.com/profile/13666115976420987094noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-49720999720881450222020-04-21T07:09:00.000-07:002020-04-21T07:09:52.234-07:00Crazy Times, Even in the Municipal Bond MarketThe last few weeks have seen the municipal bond markets feeling the effects of the COVID-19 pandemic. Today, however, the Bond Buyer reported in its “Daily Briefing” that there was some stabilization last week in the municipal bond market.
During the weeks of the worsening of the pandemic, the municipal bond markets saw less investments in municipal bonds and increased sales by holders of Bonnie L Martinolichhttp://www.blogger.com/profile/04446747498269837000noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-60520970337508104622020-04-14T07:23:00.000-07:002020-04-14T07:23:23.388-07:00Maine State Primary Postponed – What to Do About Municipal Meetings and Budgets?With the news that Governor Mills has ordered Maine’s primary election to be postponed until July 14, many towns are facing a dilemma about whether to postpone their own town meetings and elections. For those towns that like to coincide their local secret ballot meetings with the June primary, on top of the already existing health concerns, this is more reason to push local meetings off until Kristin Collinshttp://www.blogger.com/profile/09826265625911418366noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-59890772969735192002020-04-03T11:37:00.000-07:002020-04-03T11:37:30.309-07:00Are Stay at Home Orders an Unconstitutional Taking?In the midst of the COVID-19 pandemic, a question some are asking is whether there is a risk that governments will have to deal with claims that they have unconstitutionally taken value from property owners with the various stay at home edicts, closures, and other similar responses to the pandemic. The short answer is that such claims are unlikely to be successful as long as an ordinance and theMichael Lanehttp://www.blogger.com/profile/03877342516712053579noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-44287519072951060512020-03-26T07:20:00.001-07:002020-03-26T07:20:50.689-07:00DOL Publishes Required FFCRA Poster and GuidanceThe federal Department of Labor has released the poster that all covered employers must post to inform them of emergency benefits available under the Families First Coronavirus Response Act (FFCRA). The poster can be found here. Municipalities whose employees are principally working from home during this time should plan to circulate it by email on April 1, the effective date of the Act. The Kristin Collinshttp://www.blogger.com/profile/09826265625911418366noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-8434972716464461362020-03-18T09:23:00.000-07:002020-03-18T09:23:50.064-07:00Maine Legislature Passes COVID-19 Omnibus Bill re Public Meetings, Finance, and Other Municipal ConcernsThe Maine Legislature last night passed emergency legislation, LD 2167 (referred to as the COVID-19 Omnibus Bill), which addresses many of the concerns being faced by municipalities in this unprecedented situation. Following is our summary of the provisions of this law which impact municipal government:
Public meetings
During the declared state of emergency, meetings of municipal boards and Stephen Langsdorfhttp://www.blogger.com/profile/02537967262145049956noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-65055034354491101192020-03-16T13:26:00.001-07:002020-03-16T13:26:39.884-07:00Municipal COVID-19 UpdateWe are understandably getting many questions from our municipal clients regarding how to handle public meetings, annual meetings, and public transactions given the Governor’s order prohibiting large gatherings. The other significant area of concern involves questions about how to balance serving the public while protecting your workforce. Several municipalities, including Portland and Augusta, Stephen Langsdorfhttp://www.blogger.com/profile/02537967262145049956noreply@blogger.comtag:blogger.com,1999:blog-4221972422482817309.post-42352432358819683922020-03-11T11:06:00.001-07:002020-03-11T11:06:36.683-07:00Superior Court Ruling Supports Municipal AuthorityMichaela Murphy of the Kennebec County Superior Court recently issued a decision in favor of the Town of Readfield. The case was brought by a property owner whose occupancy permit for a residential structure had been revoked by the Code Enforcement Officer because he had misrepresented its intended use.
The permit was revoked because the property owner was openly using the site as a Stephen Langsdorfhttp://www.blogger.com/profile/02537967262145049956noreply@blogger.com