Richard Beal Other years: 1998 1999 2000 2001 2002 2003 2004 2005

2002 Cranberry Isles Report
by Richard Beal

Jan    8
Feb    5
Mar   11
Apr    2
May    7
June   4 19
July   9


MINUTES OF SELECTMEN'S MEETING

8 January 2002

The Town of Cranberry Isles Board of Selectmen's Meeting was convened at 0845, 8 January 2002, at the Great Cranberry Community Center, Great Cranberry Island, Maine 04625.  Selectmen David Stainton, Richard Beal, and Denise McCormick were present, along with Town Clerk/Treasurer Frances J. Bartlett.  Members of the community present were Philip and Karen Whitney, and Edward Gray.

NOTE TAKING: Richard Beal took notes for transcribing of meeting minutes.

REVIEW & APPROVAL OF MINUTES FROM 4 DECEMBER 2001 MEETING (ITEM 1):
Minutes of the 4 December 2001 regularly scheduled board meeting were provided to each Selectman and the Town Clerk.  On motion of Richard Beal, with second by David Stainton, the minutes were accepted with the original document being provided to the Town Clerk for permanent filing in the Town's records.  Chairman Stainton reviewed each of the action items from the 4 December 2001 meeting prior to continuation of the 8 January 2002 agenda which is attached to this report:

a. Court Report for Town Meeting 11 March 2002: Selectman Beal reported that he had contacted Ms. Connie Roth in Machiasport, Maine and that she had agreed to provide reporting services for the Town Meeting, provided she was not scheduled by Superior Court for a trial.  The selectmen again unanimously confirmed hiring Ms. Roth for this service and Selectman Beal indicated he would write to her and confirm the request.  For information the following letter was sent:

"30 January 2002

Ms. Connie Roth
HCR-70
Box 541
Machiasport, Maine 04655

Subject: Transcript of Town Meeting Minutes, 11 March 2002

Encl: (1) Beal & Bunker, Inc. Mailboat Schedule

Dear Ms. Roth:

This letter is to confirm my earlier telephone calls to your home and my conversations with your mother concerning having you transcribe the minutes of our Town Meeting on 11 March 2002.  By unanimous vote of the Selectmen on 8 January 2002 we wish to contract for your services for the recording of our Town Meeting minutes.

This year the Town of Cranberry Isles will hold its Town Meeting at the Neighborhood House on Little Cranberry Island (Islesford).  Transportation from Northeast Harbor to Islesford is obtained via the Beal & Bunker, Inc. mailboat which leaves Northeast Harbor at 07:30 AM sharp.  It first travels to Great Cranberry where I board and will meet you and we will then travel together to Islesford.  Enclosure (1) provides a guide of times for travel for the mailboat.

An invoice for your services 11 March 2002 (Monday) and for preparation of a transcript of the Town Meeting should be sent to: Frances J. Bartlett, Treasurer, Town of Cranberry Isles, P.O. Box 15, Maine 04646.  My telephone number is [207] 244-7235 and the cellular phone on the mailboat should you require it in the future is: 266-4142.  I look forward to meeting you and hope that there will not be a conflict in your court schedules which would prevent you from assisting our Town.

/s/ Richard F. Beal
Selectman"

b. Open Burning of Trash: Some problems continue with the open burning of trash on Islesford according to Selectwoman McCormick.  The Forest Fire Warden Orville E. Blank has been notified of the situation and the process of educating those of changes in State law is underway.  Selectman Beal will include in the Town Report for 2001 information pertaining to the outdoor trash burning ban by the State of Maine and procedures to follow for the burning of other types of materials.

c. Snow Plowing: Selectmen have received several recent complaints about snow plowing and sanding not being conducted promptly when accumulations of snow reach 2 to 3 inches.  Also there is a build up of empty propane gas tanks at the Town Parking Lot on Great Cranberry which has hindered, but not prevented, removal of snow from the lot.  Ed Gray, who has the solid waste removal contract for the Town volunteered to investigate disposal of these propane tanks and report back to the Selectmen.

d. Islesford Public Toilet: Chairman Stainton has had several discussions with both Dan Lief, owner of the Dock Restaurant, who is building this restroom facility at the end of his dock, and with the Town's Attorney, Anthony Giunta.  Mr. Giunta has been instructed to complete all applicable documents, including within the agreement between Mr. Lief and the Town arrangements for operation of the restroom and its maintenance throughout the year.

e. Islesford Float: On 18 December 2001 the Selectmen opened seal bids and selected Bluehill Marine Services (Owner: Philip Black) of Bluehill, Maine to construct a new float for Islesford.  Subsequent to this selection several members of the community expressed concern that Mr. Black would have to tow the float from Bluehill to Islesford and wouldn't there be damage.  Selectman Beal asked if construction was to be in Bluehill and Selectman Stainton said that it would to the best of his knowledge.  Mr. Black will have to tow the float in good weather to prevent damage and it will be inspected prior to acceptance by the Town.

f. Islesford Wharf Repairs: Chairman Stainton confirmed that set of drawings and bidding documents were expected within the week for review in order complete preparations for open bidding on this repair effort.  [Note: Those documents were received the week after the Selectmen's Meeting, were reviewed and changes submitted to Kleinschmidt Associates, Inc., the engineering firm hired to manage this effort.]  Bidding is expected to begin on 4 February 2002.

SOLID WASTE COLLECTION (ITEM 2):
Edward Gray was in the audience and stated that he had come at the request of Selectman Beal to report on solid waste collections for the islands, and to discuss with the selectmen his problems, recommendations for improvements, and any modifications to methodology which would enhance the overall disposal process.  Chairman Stainton noted for the record that the Year 2001 budget for Solid Waste was $46,000 and as of the end of the year there was a deficit in this account of $21,409.59; meaning that the Town was required to spend a total of $67,409.59 while taking in $871.00 in sale of recyclable items.

Mr. Gray recommended that the Town consider use of a separate container for cardboard which will reduce costs including the number of trips.  The Selectmen agreed that while cardboard was a small part of the waste stream by weight, it added to the bulk considerably when not flattened by residents during the disposal process.  Mr. Gray also recommended construction of some steps which would facilitate residents in reaching the covers on the recyclable containers.  Chairman Stainton indicated that two sets of steps could be purchased from Todd Supply and he would take care of it.

Town Clerk Frances Bartlett advised the Selectmen that she had made inquiries from the waste disposal facility in Southwest Harbor where Cranberry's trash is taken and was able to obtain the following statistics for the Year 2001:

Material type Amount
Construction 72.06 tons
Transfer waste 86.47 tons
Newsprint 5.70 tons
Cardboard 1.65 tons
Metal 11.60 tons
Total: 177.48 tons

(or 354,960 pounds
from the islands of
Great Cranberry and Islesford)

ACTION: DAVID STAINTON


AUDIENCE COMMUNICATION (ITEM 3):
Philip Whitney thanked the Board for ensuring that agendas for Selectmen's Meetings were always posted, and for the recording of minutes by Selectman Beal.  He also indicated that he was available to assist the Constable should such help be required from time to time.  Mr. Whitney was aware that Selectmen Beal, in his capacity as Constable, had to call for assistance from the Hancock County Sheriff's Office due to a break-in of a summer residence during the New Year holiday period.

FINANCIAL WARRANTS (ITEM 4):
Town Treasurer Frances Bartlett reported that dues for membership in the Maine Municipal Association had been paid, that she needed to send $50 to the Secretary of State of permit filing fees on the Islesford Wharf Repairs, and that she had been advised by the State that $2,875.52 would be returned to the Town based upon "Reprojected Revenue Sharing Numbers".  This information will be forward to the Town Tax Assessor, Garry Blanchette, for inclusion in his calculations.  A financial warrant covering payment of general bills was signed in the amount of: $5,162.30.  The Selectmen also signed a contract with the Small Animal Clinic in Ellsworth which will permit the Town to deliver animals (cats & dogs) that have been abandoned, hurt, or collected for observation due to possible disease.

ISLESFORD WHARF REPAIR PERMITS (ITEM 5):
Chairman Stainton indicated that he had a large package of permit documents which were required by several governmental agencies incident to repair of the Islesford wharf; without objection from the other Selectmen, Mr. Stainton will complete and submit these permits as required.
ACTION: DAVID STAINTON

NEXT MEETING (ITEM 6):
The meeting concluded at 11:00 AM with agreement to hold the next meeting on February 5th, 2002 at the Islesford Neighborhood House, Little Cranberry Island 04646.

Respectfully submitted,


Richard F. Beal
Selectman & Recorder
On 5 February 2002 the above report was read and accepted by voice vote of the Selectmen.
RFB



MINUTES OF THE BOARD OF SELECTMEN'S MEETING

5 February 2002

The Town of Cranberry Isles Board of Selectmen's Meeting was convened at 0900, 5 February 2002, at the Islesford Neighborhood House, Little Cranberry Island 04646.  Selectmen David Stainton, Richard Beal and Denise McCormick were present, along with Town Clerk/Treasurer Frances J. Bartlett.  Members of the community present were: David and Cindy Thomas of Islesford, and Karen and Phil Whitney of Great Cranberry.

NOTE TAKING;
Richard Beal took notes for transcribing of meeting minutes.

REVIEW & APPROVAL OF MINUTES FROM 8 JANUARY 2002 MEETING (ITEM 1):
Minutes of the 8 January 2002 regularly scheduled board meeting were provided to each Selectmen and the Town Clerk, plus copies for members of the audience.  On motion of Selectwoman McCormick, with second by Selectman Stainton, the minutes were accepted with the original document being provided to the Town Clerk for permanent filing in the Town's records.  Chairman Stainton reviewed each of the action items from the 8 January 2002 meeting prior to continuation of the 5 February 2002 agenda which is attached to this report:

a. Islesford Public Toilet: Comment and concerns expressed by the Selectmen for yearly maintenance responsibilities, heating, and general use were conveyed to Dan Lief's attorney for final acceptance.  Mr. Lief and his wife own the Islesford Dock Corporation (Restaurant) and built the public restrooms as their 50% contribution to overall construction.  At Town Meeting in 2001 the voters allocated $20,000 for construction of a septic system with associated piping to the restrooms.  The document in question relates to joint operational responsibilities.  Selectwoman Denise McCormick in the interim was asked by the Chairman David Stainton to pursue final signatures from the Fisherman's CO-OP on Islesford for the right of way easement permitting installation of the septic tank piping from restrooms to the leach field.

b. Islesford public wharf repairs: Kleinschmidt Associates' proposed specification and bidding package has been reviewed by Selectmen Stainton and Beal with comments being forwarded for minor revisions.  David Thomas, chair of the wharf repair committee, suggested that the new end of wharf storage shed and waiting area be moved a minimum of three feet from the end of the wharf to allow for tie up of lines and ramp connections.  This suggestion will be incorporated into the drawing package.  The selectmen want the bidding package to be issued promptly with a hoped for return date of 8 March prior to the annual Town Meeting on 11 March.  Selectman Stainton also advised that the Town had received a letter from the Maine Department of Environmental Protection asking for a permit fee of $100 for a "Submerged Land Lease" permit.  Since the Town is already covered by a prescriptive easement (grandfathering of current law) a requirement to comply is not necessary but will be so in 2005.  According to the State all submerged lands will need a new permit in 2005 for public and private docks, wharves, etc.  With thousands of these permits required the State letter asked for early compliance to ease their administrative burden.  The Selectmen vote NO and will comply in 2005.

AUDIENCE COMMUNICATION: WHITNEY PROPOSAL (ITEM 2):
Phil Whitney of Great Cranberry: Mr. Whitney asked to speak in regard to his law suit against the town re: "Whitney v. Town of Cranberry Isles", stating that he wished to offer to the Board of Selectmen his proposal for potential resolution of the differences between himself and the Town, particularly since 5 February 2002 was the last day for submission of motions for continuance by attorneys on either side; otherwise the litigation would be heard in Hancock County Superior Court on Tuesday, 19 February 2002.  Mr. Whitney's proposal labeled as "Suggestion to Settle Lawsuit":

1. "CIRT [Cranberry Isles Realty Trust] area is limited to one house for at least 5 years.  Only 2 houses total.  See area in green.  [a diagram accompanied this proposal.]

2. CIRT area (approximately 168 X 165 adjacent to cemetery} may have easement to install either septic or well on area to be conveyed to Whitney within 5 years (onto Blue Prop. Subject to ordinance).

3. Whitney shall receive, as part of lawsuit settlement a strip of land in back of cemetery and CIRT (approximately 200 X 250), which shall not be developed - house etc., but may include the above easement.  See area designated in blue.

4. Town agrees to sell Whitney the strip between the gravel pit and Heath - Owen Roberts (approximately 165 deep X width of lot), which shall have a restriction against development.

5. Whitney agrees that restriction against dump does not apply to existing or proposed transfer station but would apply to junkyards, land fills, and brush dumping and burning.  Any target practice would be conducted in a manner agreed to by Whitney and the Town together.

6. Whitney gets rights of first refusal on CIRT lot not counting Town selling to a tenant or property could be mortgaged."

The Board of Selectmen having received this Whitney proposal then suspended its normal schedule pursuant to the published agenda and went into Executive Session for the purpose of considering the proposal and deciding upon a response which could be discussed with Mr. Whitney.  Upon completion of the Executive Session which lasted for approximately 30 minutes the Board of Selectmen reconvened in open session.

The Board advised Mr. Whitney that it unanimously rejected items 2, 3, 4 and 6.  Further, it could not accept the last sentence of item 5: "Any target practice would be conducted in a manner agreed to by Whitney and the Town together."  The Board stated that its position represented its responsibilities for stewardship of Town property; however, in regard to target practice at the gravel pit once the "Kane" house is occupied, then the Board would review this subject again as a health and safety issue.

[Note: The "Kane" house is a structure donated by summer resident Charles Kane of Great Cranberry to CIRT provided CIRT moved it from his property.  Accordingly, by vote of the citizens, at Annual Town Meeting 2000, CIRT was granted permission to use at his discretion four (4) acres of land located at the Town Gravel Pit (seven acres total at pit) for placement of this house and possibly additional homes in the future.  These homes would belong to CIRT but the land would remain under Town ownership.]

The Board of Selectmen then offered to Mr. Whitney a proposal which carried the endorsement of the CIRT President David Thomas:

1. "The existing town shed will be demolished and replaced with a new building on the lower level.

2. Land formerly occupied by the shed, including surrounding areas and along the drive to the lower level will be graded and landscaped.

3. The Kane house will be completed and made ready for occupancy by installation of sewer, water and utility systems and such other work on the building as necessary.

4. The Realty Trust may, if funds are available and circumstances warrant, construct not more than one other single family dwelling on the property.

5. Natural vegetation will be removed only as necessary to provide for utilities, access and construction space, while maintaining an undisturbed buffer strip not less than 30 feet wide on the north side of the property.

Mr. Whitney received the Board's proposal, read it, and stated that he could not accept it since it did not afford him the protections which he believed necessary to prevent encroachment upon his property.  This matter will proceed into court on 19 February 2002.

Cynthia Thomas, School Board, Islesford: Mrs. Thomas appeared to offer her views on why the Longfellow School, located on Great Cranberry Island, should remain open even though there was no projected enrollment for the coming year.  She said that she had heard that the Selectmen were recommending in the Warrant 2002 that voters close this school, and that should they do so it would be very difficult to ever open it again.  If it remains in "suspension" then its would continue grandfathered and would not have to be brought up to current State codes as a school building.  Selectman Beal told her that he in particular had not supported keeping the school open, but had changed his mind once the proposed school budget for 2002 had been received.  The School Board has removed funding for a third teacher with all associated salary fringe funds, i.e. insurance, worker's compensation, retirement, health benefits, etc.  With no additional funds being set aside (raised by taxes) just in case the school were reopened for a student, Selectmen Beal said that they could maintain the building (with town hall and office) for as long as they wish since there would be no additional burden on the tax payers.  If and when funds were needed, then a Special Town Meeting could be called.

Selectmen Beal also said that he had researched the "story or rumor" heard on Great Cranberry that should the school be closed, then the land and buildings would have to be forfeit or returned to the Omar Mountain family as stated in the deed of sale.  Mr. Beal indicated that this was completely false and had no basis in fact or law.  At Town Meeting in 1902 the Town voted to purchase the land where the Longfellow School is located, from Frank L. Stanley and his wife, Maggie M. Stanley.  {No relation to the Mountain family.]  The Stanleys conveyed this property to the Town of Cranberry via a Warranty Deed, which Mr. Beal presented and said was a copy from the Registry of Deeds at the Hancock County Court House.  In 1903 and 1904 the Town voted funds for the construction of the Longfellow School and at no time then or subsequent to its construction are there documents which purport to support the "story" of giving the closed school to the Mountain family.  Enough said!

MAINE MUNICIPAL ASSOCIATION LETTER (ITEM 3):
Chairman Stainton advised that he had received a letter from the Maine Municipal Association asking that the Selectmen offer for public vote at Town Meeting an Article which would authorize the Selectmen to join with other participating municipal and quasi-municipal employers to group self-insure for the provision of worker's compensation benefits, as authorized by State 30-A M.R.S.A., Section 403, said group to be known as the "Maine Municipal Association Workers' Compensation Fund".  Selectmen Beal, presently authoring the 2002 Warrant will add this Article as Article 33.
ACTION: RICHARD BEAL

SECRETARY OF THE INTERIOR LTR (ITEM 4):
Chairman Stainton indicated that he had received a letter signed by the Honorable Gaile A. Norton, Secretary of the Interior, indicating that pursuant to enabling legislation, Public Law 99-420, September 25, 1986, the Secretary of the Interior appoints four of the members of the members of the Acadia National Park Advisory Commission from among individuals recommended by each of the three island towns of Cranberry Isles, Swans Island and Frenchboro.  Currently the seat to represent the town of Cranberry Isles is vacant and Ms. Norton is seeking two nominations with biographical resumes for consideration and eventual appointment of one of those two recommended individuals.
ACTION: RICHARD BEAL

COMMUNIQUE FROM MAINE INLAND FISH & WILDLIFE (ITEM 5):
Chairman Stainton reported that that he had received a letter from the Inland Fish and Wildlife Service indicating that the area of Great Cranberry Island known as "Fish Point" would receive a special wildlife protection designation in view of the fact that there are breeding eagles nesting in the area.  Once this designation becomes official appropriate signs and other indicators will be posted with residents and visitor warned of precautions to be followed when in this area.
ACTION: RICHARD BEAL AS CONSTABLE

FINANCIAL WARRANTS (ITEM 6):
Treasurer Frances J. Bartlett provide Selectmen Beal with copies of the James W. Wadman, Certified Public Accountants, report for the year ending December 31, 2001 so that it could be incorporated into the 2001 Annual Report.  Additionally, she asked for approval of three warrants in the amounts indicated, which were so approved by the Board.

Schools $18,200.49
General Bills $ 5,384.61
General Bills $13,331.91
Total: $36,917.01

NEXT MEETING (ITEM 7):
This meeting concluded at 11:00 AM with agreement to hold the March 2002 meeting, shortly upon conclusion of the Annual Town Meeting, Monday, 11 March 2002, which begins at 08:30 AM in the Islesford Neighborhood House, Little Cranberry Island.

Respectfully submitted
Richard F. Beal
These minutes were approved by the Chairman for advance publication in preparation for Town Meeting, 11 March 2002.





MINUTES OF THE BOARD OF SELECTMEN'S MEETING

11 March 2002

The Town of Cranberry Isles Board of Selectmen's Meeting was convened at 12:42 PM, 11 March 2002, at the Islesford Neighborhood House, Islesford, Maine 04646.  Selectmen David Stainton, Richard Beal and Denise McCormick were present, along with Town Clerk / Treasurer Frances J. Bartlett.  No members of the public were present since Town Meeting had just concluded and they were eating a lunch in the main auditorium.

NOTE TAKING:
Richard Beal took notes for transcribing of meeting minutes.

REVIEW & APPROVAL OF MINUTES FROM 5 FEB 2002 MEETING (ITEM 1):
Copies of the 5 February 2002 minutes were provided to each Selectman with the original being provided to the Town Clerk for permanent retention.  These notes had been provided earlier in order to have them available to the public at least one month in advance of Town Meeting.

ORGANIZATION OF THE SELECTMEN (ITEM 2):
There was a brief discussion as to organization of the Selectmen with Denise McCormick suggesting that the board remain the same as last year.  David Stainton indicated that he hoped that Richard Beal would continue taking minutes and doing the administrative paperwork.  Richard Beal said he would but that it got tiring from time to time with David Stainton suggesting that Beal get the Chairman position since it had more money and would compensate him for the additional work, there being no administrative assistant available to the selectmen.  Selectwoman McCormick then motioned Beal as Chairman and Selectman Stainton concurred.  Monthly board of selectmen meetings will continue to be held on the first Tuesday of each month.  The next meeting will be on April 2nd at the Great Cranberry Community Center, beginning at 08:45 AM.

Selectman Stainton indicated that he would call Ring Paving Company and advised them that as of 11 March they should talk only with theSelectmen.  The Board also indicated agreement with a suggestion from Eve Harrison, made during the Special Selectmen's Board Meeting on 8 March 2002, that the planning board have scheduled monthly meetings and cancel those meetings only if there was no business to conduct.  She felt, and the Board agreed, that citizens of the Town should know that the Planning Board would meet on a regularly scheduled basis.

Selectman Stainton also indicated that he believed that the Code Enforcement Officer should provide to the Selectmen a monthly report of her activities, outlining permit applications received, processed, and issued, plus any problems encountered.

BOARDS AND TOWN OFFICIALS (ITEM 3):
The Selectmen concluded the meeting with a review of current town boards and officials looking at who needed to be reappointed or what positions needed to be filled.  The attached listing represents those positions filled as of this meeting with letters of appointment to be prepared by Selectman Beal.

This meeting concluded at 1:00 PM with agreement to hold the April 2002 meeting on Great Cranberry Island.  In the interim the selectmen will continue to pursue candidates for the various town official and committee positions.

Richard F. Beal
Selectman
These minutes were approved by the Board on 2 April 2002.





MINUTES OF THE BOARD OF SELECTMEN'S MEETING

2 April 2002

The Town of Cranberry Isles Board of Selectmen's Meeting was convened at 08:50 AM, 2 April 2002, at the Great Cranberry Community Center, Great Cranberry Island, Maine 04625.  Selectmen Richard Beal, Denise McCormick, and David Stainton were present, along with Town Clerk/Treasurer Frances J. Bartlett.  Town Assessor Garry Blanchette, with members of the public: Phil & Karen Whitney, Barbara Meyers, and Edward Horvath were present from Great Cranberry and David Thomas from Little Cranberry Island.

NOTE TAKING: Richard Beal took notes for transcribing of meeting minutes.

REVIEW & APPROVAL OF MINUTES FROM 11 MAR 2002 MEETING (ITEM 1):
Copies of the 11 March 2002 minutes were provided to each Selectman with the original provided to the Town Clerk for permanent filing.  On motion of David Stainton with second by Selectman McCormick, the minutes of the 11 March 2002 meeting were approved.

ISLESFORD WHARF REPAIR CONTRACT (ITEM 2):
Selectman Stainton presented the wharf repair contract for Chesterfield Associates, Inc. of 56 S. Country Road, Westhampton, New York 11978.  This contract contained the required Performance Bond and Insurance Certificates.  The signature date of 2 April 2002 was applied although Selectman Stainton indicated that the contractor has already taken the initiative to purchase long lead items such as pilings and timber.  Selectman McCormick indicated that Dan Lief of the Islesford Dock Restaurant had told her that he could only make his dock available from 29 April through 15 June.  The Town Clerk is notifying the Town's insurance agent of the required coverage for this additional dock while the main wharf is being repaired.

AUDIENCE COMMUNICATIONS (ITEM 3):
a. MBNA Grant Requests: Selectman Beal told the Board that he had prepared and submitted two grant applications to MBNA for supplemental assistance related to (1) covering of the trash containers on each island to keep them dry and thereby reduce the tipping weight when they are taken to the solid waste collection station in Southwest Harbor, and (2) rebuilding of the public toilet facility on Great Cranberry Island.  For the Solid Waste Protection Application the request was for $22,000.  Rebuilding of the public toilet was submitted in the amount of $31,640.

[Note: Selectman Beal received a letter from MBNA dated 15 April 2002 indicating that the Grant Application for the solid waste project had been approved in the amount of $12,000.  Funding will be forwarded in the middle of May.  Review of the public toilet project will be conducted by MBNA in late May.]

b. Barbara Meyer of Great Cranberry spoke to the Board on two issues:
1. She asked if the floats on Great Cranberry could be installed in the near future to facilitate tie up by the many small boats now in use by various residents and work crews.  Selectman Beal told her that he had already arranged for this to happen in the next few days.

2. She expressed her continuing concern about the open burning of trash by some citizens and advised the Board that she had spoken to David Symington of the Department of Environmental Protection in Bangor.  She stated that somehow people have got to change their ways.  Selectman Stainton indicated that this topic should be put on the Agenda for future discussion with perhaps a panel discussion on the law in late spring.  Selectman Beal motioned, with approval, for signs to be constructed and placed on the wharf sheds advising all citizens of the State Law on no open burning.  Fire Wardens on each island are to be asked to educate citizens about the law and the requirements for burning permits.
c. Phil Whitney of Great Cranberry Island asked if the Bangor Hydro Electric Company could be informed of the outage of a pole lamp at the Fire House on Great Cranberry.  Selectman Beal said he would notify the Hydro's supervisor for this area.  Mr. Whitney also inquired about progress in developing parking for Cranberry residents and visitors in Northeast Harbor.  Selectman Stainton stated that the project was proceeding and that a meeting would be held with the Northeast Harbor Board of Selectmen in the near future.

d. David Thomas of Little Cranberry Island spoke to the Board about Geodetic Information Survey (GIS) which are helpful in identifying all properties and buildings within a prescribed area.  This type of information is generally incorporated into a modules for tax assessment programs and is already employed in Bar Harbor.  The Selectmen expressed an interest and Mr. Thomas will obtain further information.

MOORING BUOY SPECIFICATIONS AND BID DOCUMENTS (ITEM 4):
In response to a grant request made by Selectman Stainton in 2001, the State of Maine has approved funding for installation of six public moorings (three at Great Cranberry and three at Islesford).  Each mooring will have a 4000 pound mooring rock and associated mooring equipment.  Specifications were distributed to each Selectmen for reference.  Selectman Stainton indicated that he would get the bid package issued to the public with a return date of 7 May 2002.
ACTION: DAVID STAINTON

APPOINTMENT OF TOWN OFFICIALS AND BOARDS (ITEM 5):
Chairman Beal provided a package of appointment certificates for review and approval by the full board.  He also advised that he had earlier that morning received a verbal resignation from Kelly Sanborn as a member of the Town Planning Board.  On motion of Selectman Beal, the Board was asked to approve appointment of Phil Whitney of Great Cranberry Island to fill the open Planning Board position.  This appoint was approved and a certificate will be prepared by the Chairman.  The following appointing documents were signed by the board:

Frances J. Bartlett Municipal Clerk, Treasurer, Tax Collector, Registrar of Voters
Richard F. Beal Municipal Constable
Garry Blanchette Municipal Assessor
Orville E. Blank Municipal Harbor Master, Little Cranberry Island
Scott Bracy Board Member, Shellfish Conservation Committee
Katherine Chaplin Municipal School Board Member
Renna S. Colby Municipal Animal Control Officer, Great Cranberry
Bruce Fernald Member, Municipal Board of Appeals
Warren Fernald Municipal Health Officer
Josh Hardy Special Police Officer
Josh Hardy Municipal Animal Control Officer, Islesford
Edward Horvath Member, Municipal Planning Board
Phil Whitney Member, Municipal Planning Board
Kimberly Keene Municipal Code Enforcement Officer & Plumbing Inspector
David Stainton Municipal Selectman
ACTION: FRANCES BARTLETT

SPECIFICATIONS & CONSTRUCTION OF SAND & SALT SHEDS (ITEM 6):
Selectman Stainton advised the Board that he was working on the Sand & Salt Shed designs and would have a specification package ready in the near future for review and issuance.  Until this package is ready no further action was undertaken.
ACTION: DAVID STAINTON

ASSESSOR DUTIES AND CONTRACT FOR 2002 (ITEM 7):
Town Assessor Garry Blanchette was available to speak with the Board on request of the Chairman.  The Chairman began the discussion with a presentation of software data developed by Vision Appraisal, Inc. of Massachusetts which is presently being used by the Town of Bar Harbor.  Selectmen Beal expressed his interest in obtaining and using some type of software which would enhance and standardized the collection of appraisal data used in developing the Town's tax base.  Mr Blanchette spoke of his current duties, the home grown software which he uses and the fact that his computer has "crashed" with this data package.  He does have paper backup.  Mr. Blanchette said that he did not have a contract with the Town for 2001 but had brought along the original of his 2000 contract which Selectman Beal retained for reference while writing a 2002 contract.  The Board expressed its desire that the contract cover the period Jan through December, that the valuation now in progress by Mr. Blanchette be completed by Town Meeting in March 2003.  Mr. Blanchette said that he didn't want to be pressed on this project and would have the new valuation completed in time for 2003 taxes (June 2003).  He also said that he usually had a 3% annual increased in salary to cover inflation.  The Town voted compensation for 2002 in the amount of $14,000.  Chairman Beal will write a new contract.

Mr. Blanchette also told the Board that he had been contacted by Nat Fenton, an attorney in Bar Harbor, who told him that he was currently working on behalf of the heirs of Gerrish H. Milliken.  It seems that the heirs wish to donate 0.29 acres of land on Islesford to the Town.  The most recent deed dates to 1920 and Mr. Millikens' heirs no longer wish to deal with the property.  The property is identified as Map 19, Lot 7, with a valuation of $35,700.  Chairman Beal said that he would call Mr. Fenton and establish the procedures for a deed of transfer to the Town.

[Note: On 19 April 2002 Chairman Beal talked to Attorney Nat Fenton (phone: 288-5843, with offices on Cottage Street, Bar Harbor, Maine) and received the same information as the foregoing.  Chairman Beal authorized Mr. Fenton to prepare a deed and seek all appropriate signatures with payment of services by the Town of Cranberry Isles once the deed of transfer was executed.]
ACTION: RICHARD BEAL

APPOINTMENT OF ORDINANCE WRITING COMMITTEE (ITEM 8):
Pursuant to article 25 of the Town Warrant 2002 an Ordinance Writing Committee is to be appointed by the Board of Selectmen for the purpose of drafting a new town ordinance which will address issues involved with persons bringing automobiles or other such vehicles onto Great Cranberry or Islesford islands.  Should an importation permit be required along with some type of fee which could be held in escrow until the vehicle is removed, or the funds used to remove the vehicle from island territory if abandoned by the owner?  The Board appointed the following individuals and is looking for a fifth appointment candidate:
  Bruce Fernald, Islesford
  David Thomas, Islesford
  David Stainton, Great Cranberry
  Phil Whitney, Great Cranberry

The Board of Selectmen also appointed the following individuals to the Mosquito Control Committee which was authorized by Article 26 of the Town Warrant 2002:
  Louise Millar
  Sig Harrision
  Rob Mocarsky
  Mary Baldwin
  Hugh Dwelley (Interim Chairman)

TOWN EASEMENT: To ensure inclusion in the permanent record, Chairman Beal noted that he had talked with the law offices of Roy, Beardsley, Williams & Granger, LLC. concerning Article 13 of the 2002 Town Warrant; to wit: voter approval for the removal of a Town easement on the former Ada Rice property, Great Cranberry Island.  Mr. Anthony Beardsley is the attorney for the current owners of this property (Tom & Leslie Watson) and he was called to determine what might be required in order to comply with the voters desire to remove this easement.  Mr. Beardsley will not be available until early May and this matter will be pursued upon his return to the Ellsworth, Maine area.
ACTION: RICHARD BEAL

FINANCIAL WARRANTS (ITEM 9):
The following financial warrants were presented by the Town Treasurer and approved by the Board:

General Bills $9,151.82
General Bills $741.30
School $25,819.40
Total: $35,712.52


ESTABLISHMENT OF NEXT MEETING DATE (ITEM 10):
The Board will next meet at 0830, 7 May 2002, at the Islesford Neighborhood House, Little Cranberry Island. This meeting was adjourned at 11:00 AM.

Respectfully,

Richard F. Beal
Selectman



MINUTES OF THE BOARD OF SELECTMEN'S MEETING

7 May 2002

The Town of Cranberry Isles Board of Selectmen's Meeting was convened at 08:30 AM, 7 May 2002, at the Islesford Neighborhood House Library, Islesford, Maine 04646.  Selectmen Richard F. Beal, Denise McCormick and David Stainton were present, along with Town Clerk / Treasurer Frances J. Bartlett.  Members of the public present were: Phil & Karen Whitney and David Sordyl of Great Cranberry Island.

NOTE TAKING: Richard Beal took notes for transcribing of meeting minutes.

REVIEW & APPROVAL OF MINUTES FROM 2 April 2002 MEETING (ITEM 1):
The minutes were reviewed with two comments from Phil Whitney in the audience:
a. Fire Club meetings on Great Cranberry will include discussions on open burning and the rules to be followed as established by the State.
b. The light on the Bangor Hydro pole in front of the Great Cranberry Fire Club House is out and would a Selectman so notify the utility company?  Richard Beal took the action.  [Only one pole light out for the moment and Bangor Hydro said that they would put this pole on the listing for service.]

On motion of Denise McCormick, with second by David Stainton, the minutes for 2 April 2002 were approved.

OPEN BIDS FOR PUBLIC MOORINGS, CONSTRUCTION AND PLACEMENT, STATE OF MAINE GRANT (ITEM 2):
Three bids were received by the Town Treasurer and were opened by Selectman Beal for review by the full Board:

a. David Sordyl of Great Cranberry Island $13,044.60
b. Construction Divers, Inc. $16,870.00
c. Ocean House (Chalmers Enterprises) $7,782.00


The bid from Ocean House (Dan Chalmers) was responsive to the specification package and was the lowest in price.  By unanimous decision of the Board, the Ocean House bid was selected to undertake construction and installation of 6 public moorings (three for Great Cranberry and 3 for Islesford).

AUDIENCE COMMUNICATIONS (ITEM 3):
A. Phil Whitney of Great Cranberry Island: Asked if the Board would approve placing either the full contents or a synopsis of the legal agreement between Whitney and Town of Cranberry Isles, approved by Superior Court, Hancock County on 4 March 2002.  The Board agreed to publish the agreement as follows:
SUPERIOR COURT
Docket No. RE-00-9
STATE OF MAINE
HANCOCK, ss.

PHIL A. WHITNEY )
Plaintiff )
)
vs. )
)
THE TOWN OF )
CRANBERRY ISLES )
Defendant )
)
and )
)
CRANBERRY ISLANDS )
REALTY TRUST )
Party in Interest )

STIPULATION OF JUDGEMENT
TITLE TO REAL ESTATE INVOLVED

Now comes the Plaintiff, Phil A. Whitney, by and through Counsel, Anthony W. Beardsley, Esquire of the Law Firm Roy, Beardsley, Williams and Granger, P.A., and the Defendant, The Inhabitants of the Town of Cranberry Islands and Party-In-Interest, Cranberry Islands Realty Trust, by and through Counsel Anthony J. Giunta, Esquire, and stipulate to the entry of Judgment in this matter as follows:

1. The Inhabitants of the Town of Cranberry Isles, hold title in fee simple absolute to certain premises described in deed from Joseph Elwood Spurling to the Inhabitants of the Town of Cranberry Isles dated March 16, 1957, and recorded September 5, 1957, in Book 802, at Page 516 in the Hancock County, Maine Registry of Deeds free of the following condition which is hereby released from said premises and terminated, to wit:

"This deed is given to the said THE INHABITANTS OF THE TOWN OF CRANBERRY ISLES upon the CONDITION: vis; That THE INHABITANTS OF THE TOWN OF CRANBERRY ISLES, its successors and assigns shall never use the above described premises as a TOWN DUMP, on any breach of this condition the title shall revert to the Grantor, Joseph Elwood Spurling, his heirs and assigns."

The premises described in paragraph number 1 of this stipulation of judgment subject to the following permanent restriction, (not conditions subsequent), to wit:

2. No more than two single family residences, including the existing single family residence, shall be placed on the premises described in paragraph number 1, of this Stipulation of Judgment.

3. No permanent structures shall be erected or placed in the areas described as follows, to wit:

a. Bounded on the south by Phil A. Whitney, being the north line of a portion of the premises of the Inhabitants of Cranberry Isles described in Paragraph number 1, on the west by the west line of the premises of said Cranberry Isles described in Paragraph number 1, on the east by the west line of the cemetery and an extension southerly thereof and on the south by a line 100 feet distant and always parallel to the north line as described herein.

b. A line 75 feet distant and always parallel to the westerly sideline of the premises described in paragraph number 1.

This restriction shall not prohibit the installation of subsurface sewerage disposal systems, drilled wells, or driveways within the buffer zones described herein.

4. On or before December 31, 2002, the Inhabitants of Cranberry Isles shall cause the removal of an old junk car and any barrels located between the Heath and gravel pit.

5. The premises described in paragraph number 1, shall not be used as a solid waste landfill or for the disposal of brush and stumps.  This restriction shall not prohibit the use of the premises as a transfer station or for the temporary storage of solid waste.

The restrictions set forth herein shall be binding upon the Inhabitants of the Town of Cranberry Isles, its successors and assigns.  Any violation of said restrictions may be enforced against it by Phil A. Whitney, his heirs, personal representatives and assigns by suit and recovery of damages for the violation of such restriction and/or to maintain a suit against it violating or attempting to violate such restriction for the purpose of enjoining or preventing such violation, provided nevertheless, in any such action the prevailing party shall be entitled to reasonable attorney fees.

Dated: February 26, 2002 /s/ Anthony J. Giunta, Esq., Bar #127
Attorney for the Defendant and
Party-In-Interest

*************

B. Richard Beal asked the Board to consider approval of a Beal & Bunker boat ticket in support of those residents wish to travel to a Selectman's meeting from another island.  This would be a service to resident and hopefully encourage participation in Board meetings.  The Selectmen agreed and approved the suggestion.  The Town Treasurer is authorized to accept invoices for payment from Beal & Bunker related to travel by residents to Selectmen's Board Meetings.

C. Denise McCormick reported on the Islesford public bathroom construction project, stating that it should be in operation later in the day.  Heating of this facility for the winter months remains in question.  As for Islesford Wharf Repairs, Mrs. McCormick stated that this project was underway with Chesterfield Associates, Inc. being most helpful in meeting boating schedules and easing the burden of construction on those trying to navigate over work in progress.  Residue of wood decking and associated materials will be temporally be stored in the Islesford gravel pit.

D. Town Clerk Frances Bartlett asked for guidance from the Selectmen on what to do with the request from Chung Lim of Great Cranberry regarding his request to take over the Northeast Harbor parking permit of his mother-in-law, Dorothy Towns.  The Selectmen decided that this topic should be placed on the June 2002 agenda and discussed in detail.

E. The Town Clerk presented a "Septic Sludge Agreement" with Haslim, Inc. for the removal of septic waste at a set rate from town facilities.  This is an annual contract and was approved by the Selectmen at a rate of $380.00 per pumping.

F. The Town Treasurer presented a tax collection notification letter addressed to the Town Assessor which become the basis for the collection of Year 2002 taxes.  The amount approved by the Selectmen for collection in taxes was: $559,100.50

MBNA FOUNDATION GRANT ($12,000) FOR "WASTE REMOVAL SHEDS" (ITEM 4):
Selectman Beal provided the Town Clerk with a check for $12,000 from MBNA to be used to help defer costs on the construction of solid waste shelters on the side of each Sand & Salt Shed.  The purpose of the shelter is to divert water and snow from the solid waste thereby reducing weight and associated tipping fees when the solid waste is transferred to the disposal facility in Southwest Harbor.  The Treasurer was advised by the Town's auditor that a separate monitoring account was the only requirement for administration of these funds.  Initiation of a separate checking account is not required.  Invoices for all expenditures over $25.00 must be maintained.

ALCOHOL LICENSE HEARING FOR ISLESFORD DOCK RESTAURANT (ITEM 5):
The Town Clerk presented state licensing forms addressing the licensing for serving alcohol at the Islesford Dock Restaurant.  Following a brief discussion the Board was unanimous in approval and signed the required documents which will be forwarded to the state liquor licensing board.

FINANCIAL WARRANTS: (ITEM 6)
The Town Treasurer present three financial warrants which were reviewed and approved in the following amounts:

a. School expenditures: $73,545.59
b. General bills $9,016.23
c. General bills $824.71
Total: $83,386.53


ESTABLISHMENT OF NEXT MEETING DATE AND TIME (ITEM 7):
This Board meeting concluded at 10:30 AM with Selectmen McCormick and Beal visiting the new public restroom facility, in the company of Dan Lief of the Islesford Dock Restaurant, for an inspection tour.  Following the inspection, Selectman Beal visited the public wharf repair in progress and talk with the foreman of Chesterfield Associates, Inc. and the Kleinschmidt Associates, Inc. engineering representative.  The next Board meeting will be on Great Cranberry at the Community Center at 08:45 AM on 4 June 2002.

Respectfully,
Richard F. Beal
Selectman
These minutes were approved by
the Board of Selectmen on 4 June 2002.
RFB




MINUTES OF THE BOARD OF SELECTMEN'S MEETING

4 June 2002

The Town of Cranberry Isles Board of Selectmen's Meeting was convened at 08:45 AM, 4 June 2002, at the Great Cranberry Community Center, Great Cranberry Island, Maine 04625.  Selectmen Richard Beal and David Stainton were present, with Selectwoman Denise McCormick absent for personal reasons.  Town Clerk & Treasurer Frances J. Bartlett was also present along with the following members of the public: Phil Whitney, Kevin Russell, Carl Brooks, Mr. & Mrs. Edward Horvath and Edward Gray, all of Great Cranberry; and Eve Harrison along with members of the Harrison family from Islesford.

NOTE TAKING: Richard Beal took notes for transcribing of meeting minutes.  The meeting was conducted pursuant to an agenda published one week earlier and posted on Islesford and Great Cranberry Islands.

REVIEW & APPROVAL OF MINUTES FROM 7 MAY 2002 MEETING (ITEM 1):
Copies of the 7 May 2002 meeting minutes were provided to Selectman Stainton with original to Town Clerk Frances Bartlett.  Three other copies were made available for the public to read.  Phil Whitney indicated that in regard to the Bangor Hydro electric poles, another light at Pole #68 had a burned out light in addition to the light in front of the fire house.  Carl Brooks asked if a "sense of the Selectmen" could be written and distributed in reference to the subject of "Open Burning" of home refuse & waste.  Other than these two comments from the public Selectman Stainton motion to accept the minutes and Selectman Beal concurred.

AUDIENCE COMMUNICATIONS (ITEM 2):
A. Special Police Officer: Town Clerk Frances Bartlett provided a letter given to her by Josh Hardy who has just recently completed the State of Maine Police School in preparation to becoming a Special Police Officer for the Cranberry Isles.  Chairman Beal read into the record the following letter from Josh Hardy:
"Cranberry Isles Selectmen

I have completed the Law Enforcement Pre-Service course as required by the Maine Criminal Justice Academy before being certifiable as a law enforcement officer.  During my time at the class, I learned many things about the town's requirements for a municipal officer.

The town is in need of more information from the Academy before an official position can be State of Maine legal.  The course director, an Academy board member, informed me that unless the town creates a costly system of: Selectmen control, insurance, reporting methods and more our current position of constable is not "legal".  The Constable position, as now formed, opens the Town to potential law suits, and immediate dismissal of any court cases.

Although this sounds discouraging, there is an alternative.  With cooperation of the Hancock County Sheriffs Department and the Town of Cranberry Isles, it may be possible to create an island Deputy.  I am not fully aware of all that this venture would entail, but am advised that it is a far easier route and one that is common in the State.

The Selectmen, along with myself, should contact the Maine Criminal Justice Academy for more information.  After such information is attained, we should approach the Sheriffs Department with our request.  This would all depend on the Selectmen wanting to further our non-dependence on the presently unreliable State and County Departments.

/s/ Thank you, Josh Hardy"
[Islesford, Maine]

Selectman Beal responded by stating that the Police Academy staff might not be aware of a provision in state law that provides for Constables and Special Police, without benefit of this special police schooling, when the Constable is part time and earns less than $10,000 per year.  Nevertheless, when circumstances have warranted the arrest of an individuals, as has recently occurred on Great Cranberry, Constable Beal asked and received assistance from the State Police who came to the island to ensure that all provisions of law were following and that the arrest could be sustained in a court adjudication of the alleged violation.  Selectmen Beal stated also that he would pursue this subject with the Hancock County Sheriff to see if Mr. Hardy could be appointed a Deputy Sheriff with duties allocated solely to the Cranberry Isles.

B. Historical Society of Great Cranberry Island: On behalf of the Historical Society, Phil Whitney delivered a letter from the Society President, Wini Smart:

"Great Cranberry Island Historical Society P.O. Box 12 Cranberry Isles, Maine 04625

June 2, 2002

Board of Selectmen
Cranberry Isles, ME 04625

Dear Sirs:

In the third story storage room of the Longfellow Schoolhouse are shelves and piles of books, ledgers, and handwritten reports of town records and Selectmen minutes that date back to 1838.  Deterioration has attacked these valuable documents, due to excessive temperature changes, direct sunlight, and also insect, bird, and mouse damage.

This year the Great Cranberry Island Historical Society has received an Archival Preservation Grant from The Maine State Humanities Council and we will have a professional Archivist come next month to instruct us on proper archival procedures and a cataloguing system.

We have a committee willing to collect, clean, inventory, and file these Town Records and documents in our Museum Archives.

We request your permission to proceed with this important project, to help preserve our Island heritage.

Thank you for your consideration.

Yours truly,
/s/ Wini Smart
President of the G.C.I.H.S."

The Board of Selectmen voted unanimously to approved this request from the Historical Society and Chairman Beal will write a letter to this effect.

C. Mount Desert Town Meeting 3 June and subsequent Mount Desert Selectmen's Meeting: Selectman David Stainton provided an oral report on the two meetings which dealt principally with the issue of the Harbor Committee and approval of a new Marine Management Ordinance for the town.  This ordinance is contained in the Annual Town Report for the Town of Mount Desert and is available from them or from Chairman Beal, who has a copy in the personal Selectmen's records.  This ordinance was passed without discussion or negative vote.  The Selectmen's meeting, other than general business items, centered on several recommendations of the harbor management committee: (1) Elimination of boats or craft larger than 14 feet at the dingy tie up area or with outboard motors larger than 20 horsepower.  (2) Management of limited dock space for all small craft, and (3) potential improvements for the Northeast Harbor marine area.  It was the opinion of several Mount Desert Selectmen, following a hour of discussion, that they had more questions than answers and were not able to vote on any of the Harbor Committee's recommendations yet.  The Selectmen did request the Cranberry Isles Selectmen to join the Mount Desert Harbor Committee Tuesday evening, 11 June, for a continuation of discussions and an exchange of ideas, with a subsequent return to their next meeting on 17 June.  Selectmen Beal and Stainton agreed to do this.

This oral report was then followed by a general discussion from the audience on boating, parking, and associated problems; with history of the subject being provided by Carl Brooks.

POLICY ESTABLISHMENT FOR NORTHEAST HARBOR PARKING PERMIT WAITING LIST (ITEM 3):
Town Clerk Frances Bartlett provided the Selectmen with a copy of the current parking allocation and assignment for Northeast Harbor and the "Waiting List" that she had been trying to maintain when the task was returned to her by the Town of Mount Desert in 1999.  She stated that currently there are 123 rental parking spots in Northeast Harbor which their town collects $190 per year.  Of those 123 spots, 51 are presently held by Cranberry Isles residents.  Following this presentation by the Town Clerk the discussion was opened for each member of the audience to make his or her position clear, or to elicit information for clarification of facts and the development of a "waiting list policy".  The discussion last for 2 hours with a consensus by the Selectmen that:

a. There should be only one parking spot allocation per household, due to the limited number of spots available in the Cranberry Isles parking area located next to the Northeast Harbor Police Station.

b. Residents of the Cranberry Isles should have priority over those property owners, summer visitors, or renters who are at the Cranberry Isles only for the summer months or some portion of the year.  In order to determine who is a resident, a person would be judged on a point scale whereby each full month lived within the town would equal one point.  Permanent residency would mean 12 points, however, due to some folk living off island due to children in school, or temporary residence in a second home on the mainland then an average of the three previous years would be examined to determine priority for parking, and/or future position on a waiting list to acquire parking.

c. Nothing would be changed about current parking allocations for the summer of 2002, however, in December 2002 the entire 123 parking spaces in Northeast Harbor would be reviewed by the Selectmen based on applications for parking to be submitted by individuals seeking same.

d. A notification to the above would be mailed to all property owner or permanent renters in the Cranberry Isles so that they would understand the change and be able to submit a parking application for the Northeast Harbor lot.

The foregoing was not voted on formally, pending review and study by the Selectmen.  Until a second June 2002 Selectmen's Meeting on 19 June, Selectmen Stainton and Beal will be meeting with the Mount Desert Town Manager and Selectmen on a proposed parking recommendation.  Additionally, ideas involving land rental or acquisition in Southwest Harbor and Northeast Harbor will also be explored.

STATUS OF ISLESFORD WHARF REPAIRS (ITEM 4):
Repairs are on schedule with many residents commenting on the outstanding assistance provided by Chesterfield Associates, Inc. and their professionalism demonstrated in the repair efforts.  An invoice for payment for a portion of repair work was contained in the financial warrants presented by the Town Treasurer and approved by the Selectmen for payment based on work performed.  See Item 8.  The Treasurer was authorized to initiate the loan provisions of our agreement with Bar Harbor Bank & Trust Company and she will see that sufficient funds are transferred to cover the approved financial warrant article for this repair invoice.

SAND AND SALT SHED DESIGN & BID SPECIFICATION (ITEM 5):
Selectman Stainton said that he was still working on the design and specification package but would have it ready shortly.  He agreed with Selectman Beal that this bid specification package should be issued for all the work and that the successful bidder would act as General Contractor, arranging for subcontractors and specialty work as required.

APPOINTMENT OF ROAD COMMISSIONER (ITEM 6):
Chairman Beal indicated that he was expecting some word from Selectwoman McCormick concerning whether or not Edgar Blank of Islesford might want to undertake the position of Road Commissioner.  Since Selectwoman McCormick was absent, the possibilities of appointing Mr. Blank was discussed positively and it was agreed that Selectman Beal would talk with him personally and should he accept, then the job was his.  Additionally, Selectman Beal indicated that the position of Great Cranberry Harbor Master remained open and that he was not comfortable in reappointing last years Harbor Master due to potential liability and insurance issues.  The Selectmen agreed that if Mr. Blank, who is already Islesford Harbor Master, wanted to also assume this additional responsibility the appointment was his.  Selectman Stainton indicated that in order to provide transportation between the islands, he had a boat and motor that could be rented (or sold) to the Town for use by the Harbor Master.

[Note: Selectman Beal spoke with Orville E. Blank on 6 June 2002 and he accepted both positions: Great Cranberry Harbor Master and Town Road Commissioner.  Appointment orders to this effect were prepared and forwarded to the Town Clerk for issuance.]

REVIEW OBD LICENSES & CHART (ITEM 7):
Chairman Beal present a chart developed by the Water Quality Department of the State of Maine Department of Marine Resources at his request.  This state office visits the Cranberry Isles each quarter and takes marine water samples for testing as to quality, and for coliform or other bacteria infestations.  Some areas of the Cranberry Isles are closed to shellfish harvesting due to "Overboard Discharge" systems involving septic systems.  While these are licensed systems that are checked regularly for proper and safe operation, Federal clean water law requires the closing of those marine areas where the discharges enter the sea.  The following is a listing of those licensed systems existing within the Cranberry Isles:

License # Owners Name Island
1533 Dismore Greening Island
(for information only, not in Town)
2068 Fernald Sutton Island
2128 Roberts Great Cranberry
2186 The Isles Islesford Island
2370 Bear Island Bear Island
2392 Nevius Sutton Island
3252 US Coast Guard Bear Island
3895 Hartwin Sutton Island
4687 Harvard University Sutton Island
4688 Harvard University Sutton Island
5914 Lord Family Islesford Island
6749 Corley Great Cranberry Island
6889 Ward Great Cranberry Island
7257 Harrison Islesford Island
7857 Wood Sutton Island
7891 Wormser Sutton Island


FINANCIAL WARRANTS (ITEM 8):
Three financial warrants were presented to the Selectmen for review and approval.  Approval was granted after Treasurer Bartlett explained expenses for the police academy training of Josh Hardy and the wharf repair invoice for Chesterfield Associates, Inc.

School Bills: $13,113.08
General Bills $130,996.05
General Bills $4,024.46
Total: $148,133.59


ESTABLISH NEXT MEETING DATE AND ADJOURNMENT (ITEM 9):
In view of the several meetings to be undertaking with Town of Mount Desert officials in the next two weeks, and the pending vote on "Parking Waiting List policy" (Item 3), the Selectmen decided to hold a second June Meeting at Great Cranberry Island at the Community Center on the 19th of June 2002, beginning at 08:45 hours.  The agenda for this meeting will be limited to the topics of parking and marine management in Northeast Harbor.  On motion of Beal with second of Stainton the meeting was the adjourned for a private discussion with the Town Clerk.

Following a discussion with the Town Clerk, initiated by Selectman Beal, it was realized that significant attention is warranted regarding the storage of Town records and what is needed in the form of water and fire proof containers to enable the Town Clerk to adequately protect these records in her home.  Currently the Town Clerk is being asked to store records dating back to 1850 with inadequate storage containers.  This item will be placed on the agenda of the July 2002 for further discussion.

Respectfully submitted,
Richard F. Beal
Chairman, Board of Selectmen



MINUTES OF THE BOARD OF SELECTMEN'S MEETING

19 June 2002

The Town of Cranberry Isles Board of Selectmen's Meeting (second for June) was convened at 08:49 AM, 19 June 2002, at the Great Cranberry Community Center, Great Cranberry Island, Maine 04625.  Selectmen Richard Beal, Denise McCormack, and David Stainton were present, along with Town Clerk Frances J. Bartlett.  The following members of the public were also in attendance:

Emily RobertsKevin RussellBruce KomusinPhil Whitney
Karen WhitneyRoy HadlockFred DayLouise St. Germain
Louise StrandbergClyde ShoreySusan KingJan Moss
Pauline BunkerCharlene AllenRobin RichmanRichard Cox
Owen RobertsJan RobertsBarbara StaintonSusan Ward
Janice Smith MurchEve HarrisonRuth WestphalWini Smart
Edward GrayHarvey BunkerDr. Robert FredericksonJoanne Thormann

REVIEW & APPROVAL OF MINUTES FROM 4 JUNE 2002 MEETING (ITEM 1):
Minutes from 4 June reviewed, David motioned for approval, Denise accepted.

REVIEW OF VARIOUS MEETINGS WITH MOUNT DESERT TOWN OFFICIALS (ITEM 2):
David Stainton presented an overview of the last two weeks concerning parking and boating in Mount Desert.  Specifics on boating in Northeast Harbor concerning dinghy and small boat parking was discussed.  Discussed the Seal Harbor boating and parking options, including parking for 40 vehicles behind the general store in Seal Harbor.  Mentioned the hanging of the second Great Cranberry Island float in Seal Harbor, including problems with the policing of the float.  This option appears to be possible for next year but not feasible for this summer.  Second option of hanging two finger floats on the south side of the launching ramp in Northeast Harbor might also be possible and is being pursued by the Cranberry Selectmen.  David stated that both options of Seal Harbor and the Northeast Harbor finger floats would be pursed.  Options in Mansett and Southwest Harbor were presented by DS, including the Morris Yacht boat yard.

PARKING PROBLEMS IN NORTHEAST HARBOR (ITEM 3):
Ed Gray and Eve Harrison: More must be done by Selectmen to demonstrate a Cranberry solution to parking.  Ask for a zoning variance.  Seek out people in town and make offers to purchase property.
David Stainton presented information on the Peabody Drive parking lot proposal which was given to the Selectmen.  Deed restrictions from Acadia National Park prevent use of the 65 acres.
Harvey Bunker pushed for the Morris Yacht yard stating that we should not be dissuaded by $1.7 million cost.  Morris has 66,000 square feet maybe.  Parking garage was discussed with cost of $2.0 million for each floor.

COMMITTEE FOR PARKING SPACE EXPLORATION (ITEM 4):
Persons expressing an interest:

Phil Whitney
Eve Harrison
Janice Smith Murch
Kevin Russell
Edward Gray
Barbara Meyers
Fred Day
These individuals were formally selected as members of the land acquisition committee: Goals are listed below at the end of this report.
Chairman is: Phil Whitney, Great Cranberry with a committee report on 9 July 2002.

MOTION: Richard Beal moved that a committee be formed to investigate properties available on Mount Desert for acquisition by the Cranberry Isles to use as an off island parking site.  The committee members are:

The committee is authorized to expend up to $700 for purposes of administration and associated expenses.  The committee to be chaired by Phil Whitney will consists of five members reporting back on the second Tuesday of July or such other date as may be determined by the Selectmen.  Legal guidance available from the Town attorney: Anthony Giunta.  Vote in affirmative and unanimous.

RESERVED PARKING POLICY IN NORTHEAST HARBOR (ITEM5):
OO: One spot to each household.
A. Living on the island you get one point for each month over a three year period.
B. Number of years property taxes have been paid.
C. Age of the oldest resident in the household
D. Special situation, i.e. heart attack, disability
E. Time on the waiting list

The Selectmen believe the following questions should be asked of the Mount Desert Town Manager: Mike McDonald
1. Portable pass for cars to be passed around.
2. Change the date for off season parking.
3. Posting of parking spots when vacant, perhaps at the island post offices.
4. Payment by 15 May or lose your spot.

MOTION: To adopt a policy on the Reserve Parking List whereby the Selectmen shall award places on a basis of:
A. points to be awarded for months occupied during the last three years,
B. on the years of payment of property taxes,
C. age of the oldest occupant, and
D. special disability needs.
The permits will be limited to one per household.
Motion by David Stainton with unanimous approval for passage.

ESTABLISH NEXT MEETING DATE AND ADJOURNMENT (ITEM 6):
Next meeting will be on the second Tuesday of July 2002.  Adjournment at 11:46.

Respectfully submitted,
Richard F. Beal
Chairman, Board of Selectmen


Following the Selectmen's Meeting the parking committee held an organizational meeting and established the following goals:

1. Find property via real estate brokers and enlist their network, perhaps Joanne Thormann.
2. Look at minimum of two acres of land, not swamp.  Must consider zoning.
3. Consider proximity to public transportation and ability to travel from lot to the mailboat terminal.
4. Develop the specifics on each lot or land parcel considered for presentation to the Selectmen at July 2002 Selectmen's Meeting
5. Will dredging be required for the property for water access?
6. Authorized to approach various Town Chamber of Commerce with Cranberries approach to purchase property.
7. Check on the viability of the Wallace lot in Northeast Harbor as well as others: Ashley Stanton was broker at Knowles Real Estate
8. Finances: funding required, up front and good faith to hold property
9. Purchase of property by Town in another Town- What legal problems? Taxes, jurisdiction, exemptions?

In order to formalize the Town of Cranberry Isles Land Acquisition Committee, the below letter was sent to its Chairman with copy to the Town Attorney, Anthony Giunta:
19 June 2002

Mr. Phil Whitney
Main Road
P.O. Box 161
Cranberry Isles, Maine 04625-0161

Subject: Appointment of Land Acquisition Committee

Reference: (a) Town of Cranberry Isles Board of Selectmen's Meeting, 19 June 2002

Dear Mr. Whitney:

This letter is to confirm your appointment to the Town of Cranberry Isles' "Land Acquisition Committee" with the position of Chairman.  Other members of the committee approved by reference (a) are: Orville E. Blank, Fred Day, Edward Gray, Eve Harrison, Barbara Myers, Janice Smith Murch and Kevin Russell.  Due to the schedules for some of these members, not everyone will be able to provide as complete dedication to this committee as you might wish, but I'm sure they will be able to offer considerable insight and assistance nevertheless.

Specifically, the Board of Selectmen charge your committee with the following tasks:

a. Locate property on Mount Desert Island which is available for acquisition and will meet the Town's requirements for a parking lot which will hold a minimum of 150 automobiles, or at least be two acres in size.
b. Obtain zoning information for the property.
c. Consider proximity of the property to public transportation and the ability of persons parking to travel from the lot to the mailboat dock.
d. Will dredging be required, should the property be waterfront in location, to permit access to it by the Mailboat?  Assume 8 feet of depth at mean low water tides.
e. You are authorized to approach various Chambers of Commerce for discussions about the Town's desire to acquire property for parking by Cranberry Islanders and their opinions on having parking in their community.
f. Determine funding requirements.
g. Determine if any legal questions exist through acquisition of the property.  To this end, you are authorized to contact directly the Town's Attorney, Anthony J. Giunta, at 667-2545 in Ellsworth.

By copy of this letter, Mr. Giunta is asked to offer his opinion to the Town as to:

a. Should Cranberry Isles, as a municipality, purchase property in another town such as Southwest Harbor, is that property now exempt from property taxes?

b. Would the Town of Cranberry Isles, if the owner of property in another municipality, have to provide police, fire, and other essential services for that property; or do those services remain with the municipal jurisdiction in which the property formerly existed?

c. Would the Town of Cranberry Isles have to follow the zoning and code regulations of the host town, or employ its own, since the Town has through its acquisition extended the boundaries of the Town of Cranberry Isles?

The Board of Selectmen request that your committee report back to the Board on 9 July 2002, at the Islesford Neighborhood House, where the monthly Selectmen's Meeting will convene at 08:30 AM.  Funds have been voted and set aside to meet basic expenses by your committee as well as any legal services in the pursuit of answers to land acquisition with invoices sent to the Town Clerk.

It is the intention of the Board of Selectmen to call for a Special Town Meeting in August 2002 to publicly address the results of your committee's search and to seek approval for funds in which to act upon your committee's recommendation(s).  Please keep the Board actively informed of your progress, ideas, or roadblocks encountered.  We wish to run, not walk, on this issue!

/s/ Richard F. Beal
Chairman, Board of Selectmen

cc:
Board of Selectmen
Town Clerk
Anthony J. Giunta, Esquire



MINUTES OF THE BOARD OF SELECTMEN'S MEETING

9 July 2002

The Town of Cranberry Isles Board of Selectmen's Meeting was convened at 08:34 AM, 9 July, at the Islesford Neighborhood House, Little Cranberry Island, Maine 04646.  Selectmen Richard Beal, Denise McCormack and David Stainton were present, along with Town Clerk Frances J. Bartlett.  The audience consisted of 24 members of the public from Islesford, including two members from Great Cranberry Island.

REVIEW & APPROVAL OF MINUTES FROM 19 JUNE MEETING (ITEM 1):
The minutes were read by the Chairman to the assembled audience in order to make everyone aware of the 19 June proceedings and to set the stage for discussions on off island parking and the work of the "Land Acquisition Committee".  On motion of David Stainton, with second by Denise McCormack, the minutes were approved with two minor spelling corrections.

AUDIENCE COMMUNICATIONS (ITEM 2):
Chris White spoke of several concerns, particularly regarding the off island parking in that this was a multi facet problem with no one solution.  Another member of the audience inquired as to long term viability of the rental spaces at the Northeast Harbor parking lot and was assured that this lot would continue to be used for the future until the overall parking issues were resolved.  In response to one audience comment concerning long range planning for the town and where were we, as a town, headed regarding parking and other problems, Selectman Beal offered his nine questions which he felt needed discussion and thought by all in order to plan for the future of the town.  Those questions are:
1. What is the minimum size that the community feels is required to continue to function as a year-round community?
2. What are the physical limitations on the island residents in such areas as the aquifer, developable land, capacity of septic systems and other environmental issues?
3. What infrastructure and service improvements on-island and off-island might have beneficial impact on critical island issues?
4. How can the Cranberry Isles have better access to the State's Consolidated Planning process?
5. Does Cranberry Isles have its own comprehensive plan, and how can this process be enhanced?
6. What new on-island year-round employment opportunities could be created?
7. Has the direction of the island community gone so far towards summer residency that year-round residency is no longer viable in the long run?
8. What will happen to the islands if there comes a time when there are no permanent residents on Islesford or Great Cranberry?
9. Have the summer residents been made to realize what is at stake for them, should the year-round residency on the islands come to an end?

REPORT OF THE LAND ACQUISITION CMTE CHAIRMAN (ITEM 3):
Phil Whitney of Great Cranberry Island, Chairman of the Land Acquisition Committee, presented his report on investigations undertaken by various committee members.  He stated that we were keeping all options open, and had explored land either for purchase or lease in Mansett, Southwest Harbor, Northeast Harbor, and Seal Harbor.  They had checked out a number of recommended places based on inputs from residents, town officials and real estate agents.  Their work will continue over the next few weeks.  A more detailed report was provided to the Board of Selectmen in Executive Session due to the sensitivities of some of the discussions with property owners offering their land for sale, and in order to keep discussions on various properties confidential to prevent undue speculation.  The Board of Selectmen agreed to visit several sites prior to the next meeting in order to observe first hand the characteristics and advantages of some properties over others.  They also voted to utilize the services of a professional civil engineer, Jeff Craft, to assist in answering technical questions with some properties as it regards environmental issues and marine structures.

CONTINUED DISCUSSIONS OF OFF ISLAND PARKING (ITEM 4):
Chairman Beal passed out a new listing of leased parking spaces in Northeast Harbor which he had prepared following a discussion with Chief Doyle of that town.  Chief Doyle provided a revised listing of new parking assignments for some people and also listed those who were in arrears for this years rent.

FINANCIAL WARRANTS (ITEM 5):
Only one warrant was presented containing payments for Chesterfield Associates, Inc. in the amount of $55,154 and Kleinschmidt Inc. for $1,575 for engineering services.  The audience offered their thanks and complements to Chesterfield Associates for the outstanding manner in which they (Dave Allen, foreman) had performed wharf repairs and the consideration shown to residents and visitors to minimize their inconvenience.

SELECTMEN REPORTS (ITEM 6):
Selectwoman McCormack reported that the trash containers were again overflowing and that attention was desperately required.  Selectman Beal will speak with the trash hauler.  A number of members of the audience offered their views and comments on trash collection, problems since burning of household waste was stopped by State law, and potential improvements in the current system.  Selectman Stainton offered his view on execution of the current contract and possible improvements to be employed.

Selectman Beal reported on two recent break-ins, one a home on Great Cranberry and the second at the Islesford Dock Restaurant.  A discussion ensued concerning the documenting of home possessions, when would Josh Hardy be complete in his police training, and the need for police services now compared to previous years.

The Selectmen signed a lease with the Catholic Church of Portland for use of the Joy Street parking lot for the period of 4 May through 4 October 2002 at a rate of $1,500.  The Town is not authorized to use this lot after 4 October 2002 until the following spring when a new lease is signed, and is required to remove any signs or other temporarily placed objects.

The Selectmen also signed, with Town Clerk acting in Notary Public capacity, a release deed to a septic easement on the former Ada B. Rice property, pursuant to Article 13 of the Town Warrant for Year 2002.  Attorney Anthony Beardsley will file this release deed with the Hancock County Registry of Deeds.

Selectman Beal offered the opinion that two additional committees needed to be formed to address Harbor Management and a Comprehensive Plan.  The other Selectmen agreed and these items will be placed on the August 6th Agenda for discussion and action.

ADJOURNMENT, NEXT MEETING DATE (ITEM 7):
The next board meeting will be on the first Tuesday of the month, August 6, at 08:40 at the Great Cranberry Community Center, Great Cranberry Island.  This meeting adjourned at 01:00 PM where upon the Selectmen retired to the public wharf to inspect placement of light poles and review construction with Foreman David Allen of Chesterfield Associates, Inc.

Respectfully submitted,
Richard F. Beal
Chairman, Board of Selectmen



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