Maine Considers Big Box Bill

Anti-Wal-Mart bill strikes a chord in Augusta [Maine Current]

A bill that would deny big-box developers the right to build if studies show their stores would hurt the local economy won the support of a majority of the State and Local Government Committee Monday.

Dubbed the anti-Wal-Mart bill, the proposal hit a chord with both Democrats and Republicans, who say their downtown businesses have been hurt by mega-retailers.

“I’ve heard from Maine Street in Bath, from Topsham and Brunswick - people not even in my district,” said Sen. Paula Benoit, R-Sagadahoc County, who serves on the State and Local Government Committee and is also a small business owner. “They’re begging me to take action.”

Rep. Chris Barstow, D-Gorham, House chairman of the State and Local Government Committee and the main sponsor of the bill, said the proposal supports business and community.

The bill, written on behalf of the national Institute for Local Self-Reliance, would require developers of stores greater than 75,000 square feet to pay $40,000 up front for an independent study on the economic and environmental effects of their project on the local area.

That study would be done by an independent reviewer vetted by the state’s Planning Office, who would look at such things as a big-box store’s effect on property taxes, municipal budgets, local retail jobs and wages.

The study would then be used by the local planning board or council to determine if the project had an “undue adverse impact” on the local economy, and that could serve as grounds for denying a building permit.

As the bill is currently written, all municipalities would have to require the study as part of their local review. There would be no option but to follow the new state mandate.

“What we’re talking about is plain vanilla,” said Peggy McGehee, an attorney with Perkins, Thompson of Portland, who drafted the bill for the Institute for Local Self- Reliance. “It’s what you have been doing for 30 or 40 years.” She said the state already regulates land-use standards, and the bill just adds another requirement that has to be met.

“If a municipality had 20 review criteria, now it has 21. If a developer can’t meet all of the 21 standards, it cannot get a permit,” she said.

The bill is opposed by real estate brokers, builders and business groups, including the Portland Regional Chamber of Commerce, the Maine State Chamber and Maine Merchants Association, but they held little sway at Monday’s committee meeting where the vote was taken.

When lobbyist Pattie Aho, speaking on behalf of the opponents, said her clients’ preference was “to make this an optional ordinance if it has to go through,” she was chastised by the Senate chairman of the State and Local Government Committee.
“The truth is, you’d rather not have it at all,” said Sen. Elizabeth Schneider, D-Penobscot County. “I don’t understand the complete pushback from your organizations,” Schneider said. “This is not ant-business. I think it is pro-business,” because it helps people understand what effect big retailers will have on their community.

Schneider said she got a handwritten letter from a former mayor in Bangor, who supports the bill, because of “the long-time stores that have closed in our region” when big boxes moved into the city.

Rep. James Schatz, D-Blue Hill, said, “I’m never very ready to apply governance to municipalities that’s not of their own making,” but in this case he was willing to make an exception.

Fears that the bill was “one size fits all” for the entire state would be allayed, he said, since each community would see a different impact from development and would make decisions based on its own circumstances.

Schatz moved the bill with several amendments, including a requirement that the State Planning Office create a list of people qualified to do the independent studies, and a request from the real estate community that the time frame given for the study be reduced from six months to three.

His amended version got six votes, including Schneider, Benoit, Barstow, Rep. Lawrence Sirois, D-Turner, and Rep. Andrea Boland, D-Sanford, who said she didn’t think amendments were really needed.

“I was perfectly content with the original bill,” Boland said.

Three others voted in favor of the concept, but wanted to propose further amendments, and three voted against.

Rep. Stephen Beaudette, D-Biddeford, who led those wanting to further amend the bill, but still see it passed, said he wanted to hear more from the Maine Association of Planners.

One area of his concern is whether there should be exemptions for cities and towns that already require an economic impact study as part of their planning review.

At a public hearing held last month, House Speaker Glenn Cummings testified in favor of the bill. It also has the backing of coastal legislators Sen. Dana Dow, R-Lincoln, Rep. Jonathan McKane, R-Newcastle, Sen. Dennis Damon, D-Hancock, and Rep. Ted Koffman, D-Bar Harbor.

The committee will meet again to consider further amendments before sending the bill to the full Legislature.

Posted by Alex Goldschmidt on Wednesday, May 09, 2007

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COMMENTS

The state motto of Maine is ‘I lead’, and that’s just what they are doing.

Bob in Hazlet, NJ
Wednesday, May 09 at 01:36 PM

These people embarass themselves just by opening their mouths. To wit:

“A bill that would deny big-box developers the right to build if studies show their stores would hurt the local economy won the support of a majority of the State and Local Government Committee Monday”

What do they mean by “hurt”? Do they mean that consumers will not get far more choice in products and services, ample, free parking, convenient hours and lower prices? Are consumers hurt by this? NO. What they are really saying is ‘Wal-Mart will take away our business. We know we cannot compete in a free market, therfore, we have to use the law to keep Wal-Mart out’.

“I’ve heard from Maine Street in Bath, from Topsham and Brunswick - people not even in my district,” said Sen. Paula Benoit, R-Sagadahoc County, who serves on the State and Local Government Committee and is also a small business owner. “They’re begging me to take action.”

Well, if Wal-Mart is so incredibly unpopular, why do you need a law to protect your small town businesses against them? To hear this woman talk, not a single person would frequent the proposed Wal-Mart. If that is the case, what’s the point of this law?

“The bill, written on behalf of the national Institute for Local Self-Reliance, would require developers of stores greater than 75,000 square feet to pay $40,000 up front for an independent study on the economic and environmental effects of their project on the local area.

That study would be done by an independent reviewer vetted by the state’s Planning Office, who would look at such things as a big-box store’s effect on property taxes, municipal budgets, local retail jobs and wages.

The study would then be used by the local planning board or council to determine if the project had an “undue adverse impact” on the local economy, and that could serve as grounds for denying a building permit.”

Cowardly, greedy Social Democrats, using government to protect themselves from competition. This reeks of socialism and it is certainly not a free market bill. Why not let Wal-Mart open? If they are as unpopular as these people claim, what adverse effects would there be on property taxes and retail jobs? Why is government protecting one retail job from another? Why is government placing a higher value on dead end, part time, no benefit, Mom and Pop retail jobs than they do on full-time retail jobs with benefits and advancement opportunities?

Nick in
Wednesday, May 09 at 03:39 PM

There was an earlier study done in Maine that was even more damning of the effects on local economies of having a Wal-Mart.

I’m having a little troubling locating it but if/when I do I’ll post the link for anyone interested.

Why is government placing a higher value on dead end, part time, no benefit, Mom and Pop retail jobs than they do on full-time retail jobs with benefits and advancement opportunities?

As you know, Nick, from Jr. High civics our “government” is “of, by, and for” the people so it’s the people doing it.  And why? Because it’s their choice.

Honestly, Nick, after reading over your last paragraph, you sound deranged!

Ken V in Texas
Thursday, May 10 at 02:53 AM

Ken

You are clueless, like most Americans. This country was founded as a Constitutional Republic, which means the people elect representatives to vote and govern on the basis of strict Constitutional law. We are not a Democracy, where the will of the people is used as a basis for making decisions. You really need to learn the difference. Laws are not made and policies are not put into place simply because the “people” want them. In many ways, we are like a corporation. We have a charter (our great Constitution), we have stockholders (really it should be those of us who pay taxes, speak English and are intelligent), we have a CEO (the President) is not a lifetime or hereditary ruler. We have a Board of Directors (legislators) who represent our interests indirectly. The will of the people means nothing, not Constitutionally and certainly not to me. The people have their say at election time. Like shareholders, we do not have day to day authority to meddle in the affairs of the corporation (in our case, the government).

Ken, government has no right, Constitutionally, to interfere in the marketplace to benefit one entity over another. Believe me, I have studied the Constitution and I understand the Republican form of government the Founders left us. We are not a mob rule nation and we cannot make decisions on a whim. We have a process and you either respect that or you are not a real American.

Nick in
Thursday, May 10 at 05:12 AM

Ken, government has no right, Constitutionally, to interfere in the marketplace to benefit one entity over another.

Unless your name is Haliburton.

As to whether or not the will of the people of Maine will prevail is another question.  We all know that in this perfect “Constitutional Republic” of ours, fairness goes to those with the most money.

If Wal-Mart is against this bill all they have to do is send their high-powered lobbyists to Augusta with their pockets brimming with cash.

(really it should be those of us who pay taxes, speak English and are intelligent)

I’m sorry you haven’t figured out a loophole to avoid paying taxes, Nick, and judging from your writing, I would say you are moderately fluent in English, but intelligent?  That goes beyond the pale. Bigoted is closer to the truth.

Ken V in Texas
Thursday, May 10 at 05:57 AM

Ken

I can always tell when I have a liberal cornered. They blurt out “Halliburton”. I await the day when liberal criminals scream out “Halliburton” at their trial and the jury decides that, yes, Halliburton must be responsible for murder, rape, robbery, assault and drug dealing in the US.

Is Halliburton really your only argument? Do you know that A: Halliburton is LOSING money on their Iraq contracts? and B: Halliburton is one of only TWO specialized companies in the world who can do what they do? The other company is foreign. Since you complain about foreign companies so much, you should choose Halliburton by default.

The “will of the people” has no place in day to day policy making. That is why the people elect representatives who go through a clearly defined process of proposing and voting on legislation. If government acted in response to the will of the people, this country would have long since ceased to exist.

Why should Wal-Mart have to spend money to get equal treatment? What about the impact of Mom and Pop? Low wages, no benefits, poor product selection, high prices, etc. Aren’t these things that have a negative impact on a community? Why don’t Mom and Pop fork over $40,000 for a study? Oh, that’s right. The people collecting the $40,000 to decide whether or not Wal-Mart would be good for the town are the same people who stand to go broke when competing against Wal-Mart! I get it now!

I don’t believe in loopholes to get out of taxes, Ken. Unlike you and the other 50% of leeches who call themselves Americans, I actually PAY taxes. I don’t like it and I favor abolishment of the IRS, privitizing Social Security, eliminating Medicare and slashing the federal budget by 60% as well as going to a flat tax or, better yet, a consumption tax. But I pay. One of the many problems in this country is the few people who pat taxes supporting the many who don’t. I don’t have kids or a mortgage but I have to subsidize those who do? How is it my problem that you borrowed more than you could afford or that you pushed out 3 kids? Not my problem. I shouldn’t have to pay for it.

Finally, you attack my education? You claim that I am “moderately” fluent in English? Better think again, my friend. I have a college degree and I spent time in the military. I am actually a very good writer and I have quite a strong grasp of the English language, thank you.

Nick in
Thursday, May 10 at 03:44 PM

They blurt out “Halliburton”.

Halliburton is the poster child for one entity benefitting over another through government interference, a topic you introduced to this thread, Nick.

They must be doing something wrong, like Wal-Mart they have their own Watch.

Ken V in Texas
Friday, May 11 at 03:37 AM

Nick...Calling Nick...Come in!

Well Nick....I’m seeing a bit of a disconnect between your rhetoric in defense of Wal-Mart, and the situation that exists in the state of Maine.  Why do you suppose all those legislators would ignore the wishes of all the people who want to beat a path to Wal-Mart’s door in ever-increasing numbers every month to save .20 on a can of Pork ‘N Beans?  Could it be that they realize who elects them, and who they are ultimately responsible to?  Let me help you out Nick..."We the People.” Does that sound at all familiar to you?

Or, maybe it’s just this simple: The legislators in Maine, unlike you and your pro Wal-Mart cronies on this blog, GET IT when it comes to Wal-Mart.

ScrewedbyWal-Mart in Anytown, America
Friday, May 11 at 07:01 AM

Ken/Screwed

It doesn’t seem ridiculous and unfair to you to permit a small town business to make the decision regarding who, if any, their competitors will be?

Using the law to keep Wal-Mart out is COWARDLY. Why not just wear a T-Shirt that says “Keep Wal-Mart out. I can’t compete and my customers will abandon me for Wal-Mart!”. We have heard, time and time again, that such and such a town does not want a Wal-Mart. We hear the opposition from a group of 4 or 5 people with a fax machine and lots of free time on their hands. Then, when the Wal-Mart finally opens, they are doing $60 million or more in sales per year. If nobody wanted them, who is shopping there?

The true measure of any business’ popularity is not a biased local poll. Rather, it is the volume of business the store attracts once it opens. SALES, not polls, will tell you whether or not a town wants a Wal-Mart.

Nick in
Friday, May 11 at 08:29 AM

I Always knew you were slow, Nick

Once again...you reinforce my point Nick.  Since you claim there are multitudes just “chomping at the bit” to shop at Wal-Mart up in Maine, these same people should not have any trouble convincing their legislators to let Wal-Mart in.

ScrewedbyWal-Mart in Anytown, America
Friday, May 11 at 09:33 AM

Screwedby,

What you fail to realize, is that most people are not activists and are too busy living their lives to get involved in this or that issue, that is why they elected people to represent them in the first place.  They only get involved ‘after the fact’ as Nick said and show their support or non support, by where they spend their dollars!!

Bob in
Friday, May 11 at 10:28 AM

Bob,

ac·tiv·ist - a person who has internet access combined-with entirely too much time on their hands.

JB

Jim Bunch in
Friday, May 11 at 03:20 PM

Stop the NON-SENSE...You Guys are Killing ME!

“Nick in” says: It’s unfair for “a small town business to make the decision regarding who, if any, their competitors will be?”

“Bob in” says: “most people are not activists and are too busy living their lives to get involved in this or that issue, that is why they elected people to represent them in the first place.” He goes on to say tha most people “show their support or non support, by where they spend their dollars!!”

You guys should get your story together.

First of all, did you ever see me use the word “acitivist” Bob?  There’s a big difference between someone who chains themself to an abortion clinic front door and someone who not only knows who his/her elected representatives are, but bothers to keep in contact and watch how his local and state leaders are voting and performing.  This also extends to the the federal government, Bob.

So which is it guys...is it just a “few small businesses” that want to keep Maine big-box free, or do the people decide like Bob says, by where they spend their dollars.  If the people stop shopping at these local businesses it seems to me they will soon go away...right?  Don’’t tell me there are no Home Depots or Wal-Marts within easy driving distance...unless you happen to live on the far northern border of Maine.  The people that do live there...live there for a reason.

With the election climate that exits today… we are seeing more and more so-called “Town Hall Meetings” where “THE PEOPLE” can go to grill their favorite candidates.  The people in the state of New Hampshire (right next door to Maine) get the opportunity before anyone else in this country to “greet” all the millionaires who want to be our next president.  I’m digressing here… back to the topic.

You do not paint a very flattering picture of the “typical voter” today, Bob but I’m afraid it’s an accurate one.  Most people don’t know who their “leaders” are...they only want to save that .20 on their next can of Pork ‘N Beans.

As for Nick’s “interpretation” on the U.S. Constitution, I’m not even going to begin.  It amazes me how he keeps out-doing himself… first he pretends to know and understand what was going on when Wal-Mart was being founded back in 1962, even though, as previously pointed out, he wasn’t alive back then...now he pretends to FULLY understand the original intent of the framers of the U.S. Constitution, and he portrays himself as some kind of AUTHORITY on the subject.  What’s next Nick… are you going to catalogue all the reasons why the Roman Empire fell?

hu·bris The state of mind Nick and Bob are in most of the time.  They’re right...everyone else is wrong.

ScrewedbyWal-Mart in Anytown, America
Saturday, May 12 at 07:42 AM

Screwed

So are you saying that David McCullough cannot write about John Adams or that Nigel Bagnall cannot write about the Punic Wars because they did not live in the times they write about? Well, if that’s true, then our understanding and interpretation of history, philosophy, law, medicine, engineering, economics and music must be limited to those things that happened within our own life spans.

I’m guessing you are in your mid to late 40’s (I’d have to go back and read your divorce filing to know for sure). Therefore, you have no right, by your own admission, to discuss anything before the Vietnam era.

Nick in
Saturday, May 12 at 11:43 AM

Screwedby,

“First of all, did you ever see me use the word “acitivist” Bob?”

You didn’t have to, anyone who is active in supporting or opposing something, is an activist, you don’t have to chain yourself to anything to be active!!

“So which is it guys...is it just a “few small businesses” that want to keep Maine big-box free, or do the people decide like Bob says, by where they spend their dollars.”

You are talking about BEFORE and AFTER situations, so, it can be BOTH, the small businesses before and the customers after!!  If the small businesses are successful in keeping it out, there will be no ‘after’ for the customers, as they will lose their choice!!

“If the people stop shopping at these local businesses it seems to me they will soon go away...right?”

This can only happen, if the business is allowed to open in the first place!!

“With the election climate that exits today… we are seeing more and more so-called “Town Hall Meetings” where “THE PEOPLE” can go to grill their favorite candidates.”

Out of a total population, what percentage, shows up at these ‘Town Hall Meetings’, 1% maybe?  Therefore, those 1%, are making the decisions for the other 99%, what is wrong with allowing those 99% to decide what they want with their dollars?

“You do not paint a very flattering picture of the “typical voter” today, Bob but I’m afraid it’s an accurate one.  Most people don’t know who their “leaders” are...they only want to save that .20 on their next can of Pork ‘N Beans.”

So, you agree with my point, right?

“hu·bris The state of mind Nick and Bob are in most of the time.  They’re right...everyone else is wrong.”

Everybody is right, until someone else PROVES them wrong, we are still waiting for PROOF, not just speculation, fantasy ramblings and insults.  Why do you think most of our questions never get answered?  Because most of the time, the answer makes the respondent appear foolish, that’s why!!

Bob in
Saturday, May 12 at 12:01 PM

...they only want to save that .20 on their next can of Pork ‘N Beans.

There you go, Screwed, deviating from our playbook again! You need to reread the section on Negative Imagery.

Playbook recommendations:

...they only want to save .20 on their next roll of toilet paper.

...they only want to save .20 on their next pair of underwear.

Pork ‘N Beans is too substantial; too Americana.

:o)

Ken V in Texas
Sunday, May 13 at 03:47 AM

Yes Ken, But...

If Walmart pushes out the Pork ‘N Beans, they will probably sell more toilet paper!

ScrewedbyWal-Mart in Anytown, America
Sunday, May 13 at 09:48 PM

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