An Act To Adopt the Municipal Secession and Annexation Procedure for the Town of Islesboro
Maine Legislature, Session 122, LD 1431
Committee: State and Local Government
Sponsors: MERRILL, BARSTOW, BISHOP, BOWEN, MAZUREK, PINGREE, RICHARDSON, ANDREWS, SCHNEIDER

Legislative Document 
No. 1431 
H.P.995 
House of Representatives, March 22, 2005 
An Act To Adopt the Municipal Secession and Annexation 
Procedure for the Town of Islesboro 
Reference to the Committee on State and Local Government suggested and ordered printed. 
Presented by Representative MERRILL of Appleton. 
Cosponsored by Senator SA V AGE of Knox and 
/rj~ 
/J7.1i!t1£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BARSTOW of Gorham, BISHOP of Boothbay, BOWEN of Rockport, 
MAZUREK of Rockland, PINGREE of North Haven, RICHARDSON of Warren, Senators: 
ANDREWS of York, SCHNEIDER of Penobscot. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. Secession and annexation of Town of Islesboro; petition. 
Residents of the Town of Islesboro may initiate the process of 
seceding from Waldo County and being annexed to Knox County by 
submitting 
to 
the 
municipal 
officers 
of 
the 
municipality 
a 
petition signed by more than 50% of the registered voters within 
the municipality that requests a public hearing for the purpose 
of discussing whether the municipality should secede from Waldo 
County and be annexed to Knox County. 
The petition must set 
forth 
a 
list of not more 
than 
people 
who 
will 
serve 
as 
representatives of the secession and annexation committee. 
The 
secession and annexation committee may accept private donations 
to cover its costs. 
The municipal officers may appoint representatives to the 
secession and annexation committee, and the registrar of voters 
may collect 
and validate signatures of registered voters 
on 
petitions prior to the effective date of this Act. 
This Act 
applies retroactively to appointments, circulation of petitions 
and validation of signatures of registered voters that occurred 
prior to the effective date of this Act, except that petitions 
may not be submitted to the--county commissioners under this Act 
until after the effective date of this Act. 
The registrar of voters of the municipality shall verify the 
signatures on the petitions within 30 days of the receipt of the 
petitions. 
Sec. 2. Initial hearing. 
Upon receipt of petitions with the 
required number of verified signatures and sufficient funds to 
cover the cost of giving public notice of and holding a hearing, 
the county commissioners of Knox and Waldo counties shall call 
and hold a 
joint public hearing. 
The purpose of the public 
hearing is 
to 
allow. county 
residents 
and 
residents 
of 
the 
municipality to discuss the proposed secession and annexation. 
The public hearing must be conducted by a moderator elected in 
the manner provided for in the Maine Revised Statutes, Title 
30-A, section 2524, except that no other official vote may be 
taken 
at 
the 
public 
hearing. 
The 
public 
hearing 
must 
be 
conducted in accordance with this section. 
1. 
The 
county commissioners of 
Knox 
and Waldo counties 
shall publish notice of the public hearing in a 
newspaper of 
general circulation in the area. 
One notice must be published as 
close as possible to the 14th day before the hearing, and a 2nd 
notice must be published as close as possible to the 7th day 
before the hearing. 
2. 
The public hearing must include a formal presentation by 
Page l-LR1910(1) 
• 
those initiating the petition, which must include a description 
of the problems that have led to the secession and annexation 
effort. 
Attendees 
shall 
discuss 
the 
problems, 
potential 
solutions other than secession and annexation and the potential 
impact of secession and annexation on the municipality and the 
counties. 
The secession and annexation committee may submit a 
written report at the public hearing that describes the impact of 
the proposed secession and annexation on property taxes in both 
counties as well as in the municipality. 
3. 
Notwithstanding the Maine Revised Statutes, Title 30-A, 
section 
2524, 
subsection 
3, 
paragraph 
A, 
nonresidents 
may 
participate in the public hearing on secession and annexation. 
Sec. 3. Advisory referendum. 
Unless 
a 
majority 
of 
the 
secession 
and 
annexation 
committee 
representatives 
withdraws 
support for secession and annexation by filing written notice of 
such withdrawal with the county commissioners of Knox and Waldo 
counties, 
the municipality may conduct an advisory referendum 
wi thin the municipality wi thin 60 days after the submission of 
the petitions to the county commissioners pursuant to the Maine 
Revised Statutes, Title 21-A, chapter 9, subchapter 1, article 2 
and subchapter 2. 
The question at the referendum must be: 
"Do you favor secession of the Town of Islesboro from Waldo 
County 
and 
annexation of 
the 
Town of 
Islesboro to 
Knox 
County?" 
The 
Waldo 
County 
Commissioners 
and 
the 
Knox 
County 
Commissioners 
may 
hold 
separate 
advisory 
referenda 
in their 
respecti ve counties at the same time wi th the same question, as 
long as the vote totals are kept and reported separately. 
Sec. 4. Vote of county commissioners. 
Within 14 days following 
the 
advisory 
referendum 
or 
advisory 
referenda, 
the 
county 
commissioners of Knox and Waldo counties shall meet jointly and 
take a 
recorded vote on whether to support the secession and 
annexation request. 
If a majority of the county commissioners at 
the joint meeting approves the request and more than 50 0 b of the 
registered voters in the municipality voting at the advisory 
referendum favor secession and annexation, legislation requesting 
secession and annexation may be submitted to the Legislature with 
the information required in section 7. 
Sec. 5. Resolving conflicts; selecting mediator. 
If the outcome of 
the vote of the county commissioners and the advisory referendum 
in the municipality are in conflict, 
an independent 3rd-party 
mediator may be retained. 
The costs may be shared among the 2 
counties 
and 
the 
municipal i ty, 
or 
by 
any 
of 
them 
electing to participate in the mediation. 
The mediator must be 
knowledgeable in municipal and county management - and law as well 
as conflict r~soluti6n~ 
I f the par-ticipating county - commissiorieFs and secession and 
annexation cornmi ttee do -not cselecL a mutually - agreed upon and 
qualified mediator within 3bdaysof the aC!visqry referendum or 
referenda, 
the 
countycommJssionEfrs -
and 
the 
secession 
and 
annexation committee _dr any_ c~~mb.ination of them may petition the 
Court Alternative Dispute Resolution Service, established in the 
Maine Revised Statutes, Title 4, 
section l8-B, 
for mediation 
services. 
The Court Alternative Dispute Resolution Service shall: 
1. 
Assign a mediator who is knowledgeable in county and 
municipal management and law; 
2. 
Establish a fee for services in an amount not to exceed 
$175 for every 4 hours of mediation services provided; 
3. 
Establish the mediation schedule, 
ensure that proper 
notice is provided to all parties and ensure that the parties 
necessary for effective mediation are given the opportunity to 
participate; and 
4. 
Upon the completion of the mediation effort, file a 
written 
report 
with 
the 
joint 
standing 
committee 
of 
the 
Legislature having jurisdiction over state and local government 
matters. 
The report must provide the details of the mediation 
effort and the terms of any proposed secession and annexation 
agreement approved by a majority of those participating in the 
mediation. 
In the event that the mediation effort does 
not 
resu~~ in the resolution of all issues, the mediation report must 
indicate 
to 
the 
extent 
possible 
the 
terms 
of 
any 
proposed 
secession and annexation agreement approved by 
a 
majority of 
those 
participating 
in 
the 
mediation, 
what 
issues 
remain 
unresolved 
and 
why 
the 
parties 
failed 
to 
reach 
a 
mutually 
agreeable resolution of the dispute. 
~c. 6~ Submission of dispute to Legislature. 
If the secession 
and annexation committee and the county commissioners have not 
reached agreement on all issues by February 16, 2006, the matter 
must 
be 
submitted 
to 
the 
Legislature. 
The 
Legislature 
may 
consider the information required pursuant to section 7 in making 
its decision. 
Sec. 7. Information to be subrni1t~rl to Legislature. 
The secession 
and annexation committee may provide the Legislature with draft 
legislation proposing secession and annexation. 
If the secession 
and annexation committee chooses to provide the Legislature with 
proposed 
legislation, 
the 
proposed 
legislation 
must be submitted by February 16, 2006 and may be introduced as a 
bill in the Second Regular Session of the 122nd Legislature. 
In 
addi tion to any proposed legislation, the following information 
must be submitted to the Legislature by February 16, 2006: 
1. 
A report on attempts to resolve concerns that have 
caused the desire to secede from Waldo County and to be annexed 
to Knox County. 
If a neutral 3rd party was 
involved in the 
attempt to resolve concerns through mediation in accordance with 
_section 
5, 
the 
secession and annexation 
committee must 
also 
submit a report from the neutral 3rd party: 
2. 
The date on which a proposed secession and annexation 
would be effective: 
3. 
Plans 
for 
the 
provision of 
county services 
in the 
municipality; 
4. 
Plans 
regarding 
the 
distribution 
of 
assets 
and 
liabilities; 
5. 
The 
following 
information 
concerning 
the 
counties and municipality: 
A. 
The present and 
to the municipality, 
probate registration 
potential county governmental 
including sheriff's services, 
and other county services; 
affected 
services 
deed and 
B. 
Existing or potential waste disposal or environmental 
problems; 
C. 
Fiscal data of the municipality, including the net tax 
capacity of the municipality and the impact on Waldo and 
Knox counties, the present bonded indebtedness and the local 
tax rates of the counties and municipality; 
D. 
The effect of the proposed secession and annexation on 
the municipality and affected counties: and 
E. 
The 
ability of 
the 
affected 
county 
governments 
to 
deliver services to the municipality: and 
6. 
The extent to which the municipality and the affected 
counties have demonstrated support or opposition for a proposal 
for 
secession or annexation, 
including the use of petitions, 
votes or other methods of indicating support or opposition. 
SUMMARY 
This bill establishes a procedure for consideration of the 
proposed secession of the Town of Islesboro from Waldo County and 
its annexation to Knox County. 
The bill models the procedure for 
the secession and annexation process on the procedure set forth 
in the Maine Revised Statutes, Title 30-A, chapter 113 for the 
proposed 
secession 
of 
a 
portion 
of 
the 
territory 
of 
a 
municipali ty.