Richard BealOther years: 1998 1999 2000 2001 2002 2003 2004 2005

2004 Cranberry Isles Report
by Richard Beal

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BOARD OF SELECTMEN'S MEETING
Town of Cranberry Isles, Maine

6 January 2004

Meeting opened at: 8:46 AM

Attendees: All members of the Board and the Town Clerk/Treasurer, Karin & Phil Whitney, Jessie Minor, Courtney Chaplin, Barbara Fernald, Malcolm Donald, Edward Gray

AGENDA

1. Review and approval of 16 December 2003 Board Minutes:
On motion of David Stainton, with second by Edgar Blank, the minutes of the 16 December 2003 meeting were approved. Selectman Beal mentioned that the Shellfish Conservation Ordinance had been approved by DMR and that three documents would be sent to all voters in preparation for the Annual Town Meeting. Also mentioned was the fact that a Court Reporter had been hired for the March Town Meeting as voted upon by the Selectmen at an earlier meeting.

2. Solid Waste Disposal Proposals; Continuation of discussions and Award of Contract:
Selectman Beal turned the meeting over to Selectman David Stainton to conduct the interviews of both Courtney Chaplin and Edward Gray on their proposals for Solid Waste Removal. David Stainton asked if questions could be handled in private and then reconvene the meeting in a few days for a final decison. Both Selectmen Beal and Blank stated that any questions should be asked at this public meeting with a decision on contract award following the discussion period.

Courtney Chaplin: Asked a series of questions concerning the 55 yard dumpsters, size and loaders. Cited plans for both islands, particularly Islesford? Palletized containers, what are they and how are they used? Rolloff truck with 60,000 hoist to be used to move the containers. How are the containers being moved? Indicated that containers could be moved by David Bunker or by himself on his own barge. How many employees to be employed? Answer: Two plus Courtney. Have the employees been identified? Ans: Yes. What site development work to be conducted. 8' foot wood fence on Islesford with planting of some trees. Plan on 37 trips per year of transfer waste which does not include hazardous waste, metal or non-PERC waste. Beal tried to elicit why compaction equipment not chosen? Said it was cheaper, no other reason.

Edward Gray: Selectman Stainton mentioned that the Gray bid was conditioned by a number of items and would like to understand the specifics contained in the Gray proposal. Gray gave an overview of his bid including a user fee for non-solid waste type trash. Town pays only for the grain bag materials and not the metal, construction materials, and white goods.

a. Returnables will be handled at the collection site. Separate fund to be set up for money collected and returned for public projects. Will have a dump attendant on duty when the facilities are open and will comply with operation periods contained in specifications, with advertisement of operation procedures and times open.

b. User fee for universal waste. Section II, part B, User fees contemplated as negotiated with the Town? Ed said he would not get an answer from the Town for "three years". He believes that it has to be descretionary by the contractor.

c. Site plan design. Buildings designed by Chris Wriggins with input from the trash compactor vendor. Town would own all buildings and the equipment at the end of the nine year period. Quotes from Louis Willey for the buildings, fencing company and information on the compactor equipment contained in the Gray proposal

The above does not represent all of the questions asked or information provided by the two bidders, nor of the questions asked or comments made by members of the audience.

Motion: It was moved by Selectman Beal, with a second by Selectman Edgar Blank, to accept the proposal from Edward Gray for a multi-year Solid Waste Removal contract. Selectman Stainton also indicated his concurrence and agreement with the motion.

3. Operations Budget & Warrant Articles, Fourth Review for 2004:
a. Persons desiring to make a budget request or propose a Warrant Article for consideration at the Town Meeting in March 2004 should make said presentation orally and in writing at this meeting.

b. Discussion and review of proposed budget for Manset Transportation Terminal Complex by members of the Municipal Facility Commission.

Selectman Beal discussed the new articles in the Warrant.

4. Discussions on Training of Paramedic for Islesford:
Selectmen are prepared to support training of emergency medical personnel, and later to acquire an Ambulance with equipment.

5. Discussion concerning Town Report 2003: Items for inclusion: None offered

6. Review and approval of Treasurer's Financial Warrants:
School $18,794.02
Bills $89,605.00
Bills $31,090.09
Bills $1,849.40

$141,338.51

7. Audience Communications:
None, other than Phil Whitney mentioning that due to the time contraints, perhaps the Selectmen should again consider holding meeting every two weeks, rather than one per month.

8. Adjournment at: 11:00 AM; next meeting 3 February 2004 at Little Cranberry Island



BOARD OF SELECTMEN'S MEETING
Town of Cranberry Isles, Maine

Tuesday, February 3, 2004

Attendees: Selectmen Beal and Blank, Town Clerk Frances Bartlett, Karin & Phil Whitney. Eve Harrison, Malcolm Donald and Jesse Minor

Meeting Opened at:8:33 AM

AGENDA:

1. Review and approval of 6 January 2004 Board Minutes:
Motioned by Selectman Blank to accept the minutes as written. Minutes accepted as written.

2. Operations Budget & Warrant Articles, Fifth Review for 2004, and approval.
Approval of Selectmen's Letter for Town Report: Both documents signed, with an attesting by the Town Clerk. These documents will be included in the Town Report and forwarded to Pioneer Print in the next few days for publication.

3. Discussion on Training of Paramedic for Islesford.
Selectman Beal read the requirements lists for any individual wishing to volunteer and participate in training to become an EMT. The information was provided by the Northeastern Maine EMS Training Service in Bangor. Cost is $550 for the school plus $61 for books. The Chairman of the Board of Selectmen has received a letter of interest in this program from Jason Pickering, who is currently in San Diego but will be returning to Islesford in the Spring.

4. Review and approval of Treasurer's Financial Warrants:
Following warrants approved for payment in the sums of:
School: $34,994.27
Manset $18,173.56
General Bills: $112,803.19

5. Review of tasking for Town Assessor in 2004:
In a letter dated 20 January 2004 RJD Appraisal, Inc. proposed to perform the following services which were approved by Selectmen Beal and Blank. Selectman Stainton also was provided with a copy of this letter prior to his trip to Canada and indicated that he concurred with the proposal. RJD Functions proposed, but not limited to, are:

a. Providing "Trio" computerized tax bills, commitment collector's and work books, postage and mailings.

b. Spring assessing (new construction and alterations)

c. Mapping which includes reading all deeds, plotting corrections and new land splits onto tax maps, drafting tax map mylars and providing new 24" X 36" and 11" X 17" paper prints.

d. Day a month (on the island) to answer tax payer questions and process complaints.

e. Process Tree Growth and Farmland/Open Space applications and penalties, Veteran exemption applications.

f. Perform a quarterly review of buildings in the Town of Cranberry Isles.

g. Within the quarterly review list and assess exempt buildings (previously not assessed).

h. Perform personal property assessments when needed.

The Town is requested to:

a. Provide a working place on the island (Old Town office on Great Cranberry Island has been provided with FAX and Phone: 207-244-7755).

b. Provide a list of new building construction. (on going by Town officials)

c. Provide boat transportation (once on the Cranberry and from island to island) (on going with payment by Town Treasurer)

d. Provide address changes (on going by Town Clerk)

e. Process homestead exemptions (help from RJD) (on going by Town Clerk)

f. Provide office staffing help. (being addressed in Town Warrant 2004 - Deputy Town Clerk)

g. Pay RJD expenses for ferry travel and overnight lodging if required) (approved by Selectmen)

h. Pay RJD in monthly installments (approved by Selectmen)

6. Audience Communications
a. Manset property: Phil Whitney made comment that there should be a monthly presentation by the MFC as to status of the property, problems, and how the property is progressing. The Chairman of the MFC, Malcolm Donald, was present and took the suggestion under advisement.

7. Adjournment at 11:16 AM; next meeting date to be determined if not immediately following the Town Meeting in March 2004.



Town of Cranberry Isles, Maine
Board of Selectmen's Meeting

2 March 2004

MEETING OPENED AT: 8:50 AM

ATTENDEES: Selectmen Beal, Blank and Stainton; Town Clerk Frances Bartlett, Phil & Karin Whitney, Ted Spurling Jr., Courtney Chaplin, Jesse Minor, Malcolm Donald, Richard Gaither, Michael Macfarlan

AGENDA:

1. REVIEW AND APPROVAL OF 2 FEBRUARY 2004 BOARD MEETING:
On motion of Edgar Blank with second by David Stainton the minutes were approved as written.

2. REVIEW AND APPROVAL OF FINANCIAL WARRANTS:
School: $32,083.32
General Bills $11,319.16
General Bills $18,959.66
General Bills $2,228.61

3. OPEN FORUM DISCUSSION BY SELECTMEN ON THEIR CHOICE OF TOPICS CONCERNING TOWN GOVERNMENT. NO MOTIONS OR DECISIONS PERMITTED.
a. Will Palmer, Jason Pickering and James Parrish have all indicated an interest in becoming EMT personnel.

b. Selectman Beal passed all documentation concerning purchase of a T-49 Commercial Refrigerator for the Great Cranberry Community Center. This is a donation received via the Maine Community Foundation.

c. Open discussion on creation of a Municipal Fire Department with three Fire Protection Zones. Three separate budgets created by each of the zones.

d. Tax collector's report: Liens need to be applied to both the Robert Palmer property and to Barbara Davis property.

e. Gifts to the Town for Manset Property: to be used for reduction of scheduled payments to the Maine Municipal Bond loans.

f. Views on keeping or selling the Newman house in Southwest Harbor. Phil Whitney expressed his personal view that the Town should sell the Hinckley Insurance Building which the Hinckley group would like to acquire: Sell real estate, sell the house or do nothing are the three possible courses of action. David Stainton asked Malcolm Donald, Chairman of the MFC if he could prepare a report comparing the three option listed above.

g. Secession plan for Town Treasurer or Clerk is required.

h. Changing of fiscal year not supported by members of the audience, including having a Town Meeting in August.

i. Municipal Corporation for Manset. Have someone discuss it for voter appreciation.

j. Tipping fees to the Waste Disposal Contract questioned by Courtney Chaplin and David Stainton to research his question.

k. Ted Spurling Jr. questioned having a delay or recess in the Town Meeting for one individual. Believes the meeting should occur on schedule and it will.

4. AUDIENCE COMMUNICATIONS:
a. Phil Whitney: Has the sense that the MFC is already overwhelmed with work with some progress being made but many negatives on overall operation. Believes that the MFC should dissolve with an expansion of the Board of Selectmen to five members so that the Selectmen could run the overall operation. Need less layers of bureaucracy so that the people who pay the bills could actually run the Manset facility.

b. Jesse Minor, with Cheri Galyean, attended Fire Fighting grant writing meeting in Ellsworth and discuss the specifics of that meeting. He will be briefing the Islesford Fire Department and Phil Whitney has similar data for Great Cranberry. Decisions are pending on the writing of grants. Urgent need grants are also available from various agencies within the state.

c. Put the minutes on the web page.

5. ADJOURNMENT; NEXT MEETING FOLLOWING TOWN MEETING.


Board of Selectmen's Meeting Minutes
Town of Cranberry Isles, Maine

6 April 2004

Meeting Opened at: 8:31 AM

Attendees: Board of selectmen Richard Beal, David Stainton and Orville E. Blank, Jr., Town Clerk Frances Bartlett; Members of the community: Eve Harrison, Jesse Minor, Courtney Chaplin, Ingrid Gaither, Karin & Phil Whitney, Bruce Fernald, Beverly A. Sanborn, Cynthia & Dan Lief, Margaret Blank and son, Oliver, and Evelyn Boxley

AGENDA:

1. Review and approval of 2 March 2004 Board Minutes:
On motion of David Stainton, with second by Edgar Blank, "the minutes were approved as written". At the request of Phil Whitney from the audience, these minutes were read aloud.

2. Review and approval of Financial Warrants:
a. Warrants presented by the Town Treasurer:
School $23,267.55
Bills $23,354.71
Bills $54,635.05
Bills $ 1,878.86

Total: $103,136.17

b. Submerged Land Leases: ($100.00 per application) The Town is required to obtain a submerged land lease from the State for all dock, wharfs and floats that reach our beyond mean low water. A hiatus of 30 years was granted to municipalities in submitting applications for these leases and the time has now arrived when formal applications are due. Motion by Selectman Stainton, with second by Selectman Blank, "to authorize money for each application when required by the Chairman as he prepares these documents for submission to the State Department of Conservation."

(1) Pier/Floats located on Map 16 (Great Cranberry Island Public Wharf)

(2) Pier/Floats located on Map 22 and Lot 6 (Little Cranberry Island Public Wharf)

(3) Three additional wharfs which Town Clerk is obtaining information on from the State.

c. RJD Appraisal Contract: The Board of Selectmen signed the Assessor contract between RJD Appraisal and the Town. David Stainton read the entire contract out loud for benefit of the audience. The specifics of this contract were contained in Item 5 of the February 2004 Board of Selectmen's Meeting minutes.

d. Dunn & Bradstreet Application: The Fire Chief of the Islesford Department has asked that the Town submit appropriate documentation and obtain a credit listing with the Wall Street firm of Dunn & Bradstreet. Application fee is $500 plus a quantity of paperwork. Consideration by the Board: Chairman Beal discussed the history and purpose of a Dunn & Bradstreet profile and the information required. Courtney Chaplin and Jesse Minor discussed the grant they are trying to obtain from the Federal Government (Office of Homeland Security) on behalf of the Islesford's Fire Association. Selectman Stainton suggested that the Board should know more about the grant that is being sought and what obligations are required from the Town should the grant be approved, i.e. 10% matching. WWW.firegrantsupport.com provides information on the grant program. The board of selectmen decided to apply for a D&B rating with Chairman Beal tasked to write the application and he is authorized to spend the $500 for the initial fee.

e. Sand & Salt Mix: On motion of Edgar Blank, with second by David Stainton, "bids should be obtained for future purchases of sand and salt mixtures in support of winter road maintenance."

3. Signing of Charter Municipality Waste Disposal Agreement between the Town and Penobscot Energy Recovery Co. per approval vote Article 21, 2004 Town Warrant:
a. PERC Agreement signatures: All three Selectmen signed the PERC agreement (three copies, with one copy to the Town Clerk).

b. Co-signing of Bar Harbor Bank & Trust note for Gray Enterprises for purchase of compaction equipment which Town owns at end of Solid Waste Contract. The Selectmen co-signed the bank documentation for the equipment which become Town property at the conclusion of the nine year Solid Waste Removal contract.

c. Lease of Town Solid Waste Disposal Sites: Leases for Great & Little Cranberry Solid Waste collection sites pursuant to contract, for a sum of $1.00 per year, are required and the Chairman was authorized to draft said leases using Latitude and Longitude points to define the geographic areas of each Solid Waste Disposal Transfer Site.

4. Approval of Selectmen's Appointment & Elected Official Certifications:
Name, Position
Malcolm Donald, MFC Member
Elisabeth M. Pratt, MFC Member
Bruce W. Fernald, MFC Member
Michael Phillips, MFC Member
Eve D. Harrison, MFC Member
Frank Reece, MFC Member
Hugh R. Smallwood, MFC Member
Frances J. Bartlett, Registrar of Voters
Beverly A. Sanborn, Board of Appeals
Richard F. Beal, Constable
Kimberly Keene, CEO/Plumbing Insp.
Kelly K. Sanborn, Shellfish Conservation
Robert D. Phillips, Shellfish Conservation
Brandon C. Ravenhill, Planning Board
Leslie A. Horvath, School Board
Richard F. Beal, Municipal Selectman
Courtney W. Chaplin, Fire Chief Zone II
Norman C. Sanborn II, Fire Chief Zone I
Frances J. Bartlett, Town Clerk, Town Treasurer, & Collector of Taxes & Excise Taxes

Chairman Beal discussed with the Board the fact the Town presently does not have an Animal Control Officer. This appointee must have training and be certified by the State within six months of appointment. The Town will continue to advertise for this position and seek a suitable candidate who is willing to undergo the required training. All expenses for this training will be borne by the Town.

5. Municipal Fire Department Discussion, leases and budgets:
(David Stainton)
a. Great Cranberry Fire Association: Letter dated 4 April 2004, received from Michael Westphal, Treasurer of the Association, providing the Town with the VIN numbers for two fire trucks and ambulance.

b. Presentation by Selectman Stainton: Town has done two things so far: (1) confirmed elections of the Fire Chiefs, and (2) created a Municipal Fire Department by act of the voters. Copies of the By-Laws of each fire association are required by the Town, and operating instructions within each fire association should be developed.

Goals:
(1) Protect the lives of the citizens

(2) Have the ability to put out structure or forest fires

(3) Lowering insurance rates experienced by the Town's citizens

(4) Inspection of homes and buildings for fire detection equipment and extinguishers

(5) Ambulances and medical assistance on each island. Islesford is suggesting training on site by professional emergency medical technician trainers from Bangor for a 54 hour first responder course in comparison to a 120 hours EMT course. Two licensed services, one for each island but with different capabilities initially. Phil Whitney spoke of the coordination he and Chief Chaplin are having in developing training programs which encompass both Great and Little Cranberry Islands.

(6) Financial budgets from each fire association representing anticipated annual expenditures are required. There was extensive discussion on information flow and attendance at fire association meetings. Selectman Stainton discussed the visit by Neal Courtney from the State concerning evaluation of Great Cranberry Island's fire equipment and the perception by the Fire Association of what is needed to bring themselves up to a Class 9 status. Eve Harrison offered the point that the organization is just being formulated and a structure needs to be established with information flow. Selectman Stainton indicated that he would like to see a budget which represented the goals of each association. On Motion of Selectman Beal, with second by Selectman Stainton, "the Islesford Fire Association was authorized to purchase $18,000 in new fire fighting equipment to begin outfitting their Fire Protection Zone II department and to facilitate the commencement of training, and that the Town Treasurer be authorized to submit a Financial Warrant out of normal channels and seek FAX approval where and when appropriate to get this equipment ordered at the earliest date possible."

(7) Chief Chaplin presented the board with a proposed "Agreement for E-911" with the Hancock County Regional Communications Center, in Ellsworth. Chairman Beal indicated that it would be placed on the May agenda for consideration of approval.

6. Sale of Town Truck (Minimum Bid Figure):
Selectman Edgar Blank indicated that old town truck needs to be sold. Town needs to have an appraisal for the truck first, then a decision on what is to be sold in addition to the truck such as plow and sander. Motioned by Selectman Stainton, with second by Selectman Beal, "that Dana Haynes of Haynes' Garage in Northeast Harbor be asked to appraise this vehicle." Eve Harrison read from the Town Warrant of two years ago concerning the purchase of a new truck, that sale of the old truck was authorized by the voters at that time. Once an appraisal is obtained, then a minimum bid figure will be established and the truck put up for sale.

7. Municipal Facilities Commission March 2004 Report:
a. Recommendations to the Board of Selectmen dtd 2 April 2004 by the Municipal Facilities Commission:

(1) Brown House in Manset, Town of Southwest Harbor
A. Amendment to Listing: Resize the lot in the form of a plan which can be presented to the Board in May and to the Listing Agent. Define what landscaping is proposed and its pricing but no funds authorized until an estimate is available to the Selectmen. Motion by Selectman Stainton, with second by Selectman Beal: "Approve the MFC preparing a sales plan by resizing the lot and adjusting the price of the Brown House, to include an analysis of the sale of the property; with appraisal of the Hinckley Insurance building also, with analysis of the net return advantage thereto." This covers A, B, C, and D in part I (Plaster Repairs, Landscaping and Lot Resizing) and Part III.A for Property Valuation Appraisal of the Brown House as listed in the MFC Brown House recommendations. Accomplishment of Plaster Repairs is to be paid from building repair funds, while Landscaping and Lot Resizing must come out of the improvement funds or contingency as contained in the 2004 Warrant. Chairman Beal pointed out that use of funds designated Bond/Debt Payments, approved by the voters in the 2004 Warrant, associated with Town Debt Obligations can not be used for other purposes.

(2) Item II: Caretaker recommendations as presented by MRC were accepted by the Board. This includes use of a checklist for the daily and weekly management of the Caretaker's duties, and a proposed amendment to the Caretaker's apartment lease which addresses the Brown House's exclusive right to the driveway and the Town's responsibility to relocate access to the garage via the West Side of the property.

(3) Item III: Motion by David Stainton, with second by Selectman Beal that "item B. (Insurance Violations) regarding fire escape purchase and installation for the Hinckley Insurance Building be approved with the caution that three competitive quotes should be obtained; and that item C. ( Curb Cut Removal) be approved per the recommendation of the MFC."

(4) Tenant Relations: Selectman Beal brought forward a letter dated 31 March 2004 from Hinckley Real Estate (signed by Jane W. Pooler) stating that they had sublet an office on the third floor of the Hinckley Insurance Building to a summer resident beginning 1 May 2004. This is contrary to the lease agreement between the Town and Hinckley Real Estate and a request should have been first made to the Town before such a sublet agreement was put in place. Motion of Selectman Stainton, with second by Orville Blank, Jr. "$500 was approved as a contribution to the tenant as a good-faith gesture toward their improvements to the building." In the interim the MFC will discuss the sublet situation with Hinckley Real Estate and advise that they should formerly request approval from the Town in accordance with the lease.

(5) Paint Quote: Regular maintenance is required for peeling paint in the Hinckley Insurance Building and on Motion of Edgar Blank, with second by David Stainton, "painting was authorized with the MFC to obtain three quotes for evaluation. Funds to come from the rental property maintenance account."

(6) Landscaping: The Conservation Commission of the Town of Southwest Harbor has indicated that some landscaping along the fence that borders the Mansel lane and Robert Maynard property, plus some additional back property line areas is required. The Commission speaks in conjunction with the the Town of Southwest Harbor's Planning Board and CEO. MFC is requesting approval for $3,500 to come out of the original property improvement funds obtained at the time the property was purchased. Motioned by Selectman Blank, and seconded by Selectman Stainton, that "the $3,500 be approved as requested for landscaping."

(7) DOT Grant: Possible grant projects: Selectman Stainton stated that he favored: (1) buying out the ten year parking lot lease from the Town of Mount Desert in Northeast Harbor, (2) improve the Manset Town Dock, (3) extend the service day of the ferry service as well as service year for both ferry services.

(8) Comprehensive Plan Grant Application: MFC (Elisabeth Pratt) forwarded application requirements for the State grant and asked what some of the Town's requirements were for inclusion in the application. The board suggested drawing upon the original Comprehensive Plan work performed twenty years ago, plus the Town's Land Use Ordinance. More specific questions to the Board Members are required in order to provide answers and this message is to be passed to Elisabeth Pratt as she prepares the grant application.

b. Parking Lease with Town of Mount Desert: Authorization was provided by the Board of Selectmen for the Board Chairman and Town Clerk to sign the lease which covers 10 years for 123 parking spaces in Northeast Harbor pursuant to an affirmative vote by the Town at the 10 March 2003 Town Meeting. The Town of Cranberry Isles rents each space for $250 per years but may charge 125% of that amount in order to meet annual operating expenses. Portions of the lease were read and Eve Harrison confirmed that this was the lease language which has been negotiated over the past 10 months by both Town's attorneys.

c. Comprehensive Planning Committee: Pursuant to Maine 30-A M.R.S.A Section 4324 "if a municipality decides to prepare and adopt a comprehensive plan to support a zoning ordinance or other land use ordinances, it must first appoint a comprehensive planning committee." (Elisabeth Merrill Pratt, potential chairman) The Selectmen asked the MFC representative to ask the MFC to provide a roster of potential candidates for appointment to a Comprehensive Planning Committee, which shall be appointed at the May 2004 meeting. Those citizens interested should make this interest known to the MFC.

d. Public Meetings (Notice Requirements): The Selectmen advised the Municipal Facilities Commission that pursuant to the vote of the citizens at Town Meeting 15 March 2004, the Municipal Facilities Commission is a formally Town chartered commission and that in compliance with Maine 1 M.R.S.A Section 406, a "public meeting" for which notice must be supplied is "any meeting of a body or agency [of the municipality] consisting of 3 or more persons." All meetings of the Municipal Facilities Commission should be posted in "ample time" (7 days) and "disseminated in a manner reasonably calculated to notify the general public in the jurisdiction served by the body or agency concerned." Since the Municipal Facilities Commission is a public body, managing and administrating public buildings, facilities and funds, all meetings must open to the public with a record of all meetings and actions provided to the Town Clerk. The opening preamble of the Municipal Facilities Charter wherein "meetings may be conducted by teleconferencing in order to achieve a quorum of five members" is superceded by State statute 1 M.R.S.A. Section 406, however, if during the scheduled meeting a quorum is required then use of a teleconferencing phone may be used as approved by voters in establishing the MFC Charter.

f. Public Floats at all wharfs: Dan Chalmers, at Oceanhouse in Southwest Harbor, has indicated that the five floats for the Manset facility are scraped and ready to put into the water provided no anti-fouling agent is to be applied. He intends to use two of the mooring setups to anchor the fifth float. He also acknowledged the Board Chairman's letter forwarding to him the Army Corps of Engineers permit for the fifth float at the Southwest Harbor (Manset) facility. The MFC representative took note of this and will work out a schedule for float installation at each of the wharfs in the immediate future.

8. Ambulance for Islesford Discussion:
Selectman Blank presented a FAX he received from a auto dealer in Ellsworth outlining some used ambulance vehicles that were available for purchase. The Islesford Fire Association stated that they were working the issue but were not ready to purchase an ambulance yet. The information was passed around the audience for inspection.

9. Audience Communications:
a. Sally R. Wigutow: Letter dated 21 March 2004 received by the Town Assessor, with copy to the Board of Selectmen, seeking adjustment to their tax assessment for property and building on Sutton Island.

b. Great Cranberry Restroom: Bruce Fernald of Little Cranberry Island, who is a member of the Municipal Facilities Commission, forwarded to the Board a letter he solicited from Clivus New England, Inc., which provides data on two different styles of self-contained Recycling Composting Toilet Buildings. Each style prices out in the $21,000 bracket. Motioned by David Stainton, with a second by Selectman Blank, that Chairman Beal contact Kleinschmidt Associates and that they be hired for an initial fee of $700 with direction to get on with a proposed design of this restroom facility. They are also to consult with officials of Acadia National Park on their restroom designs and determine applicability to the Town's requirement."

c. Minutes of Maine Islands Coalition Organizational Meeting: Malcolm Donald of Great Cranberry Island is the Town's appointed representative. Chairman Beal read the minutes of the organizations initial meeting.

d. Minutes of the League of Towns, 16 March 2004: Beverly Sanborn of Great Cranberry Island is the Town's appointed representative and offered comments concerning their most recent meeting. A copy of those minutes were also provided to the Selectmen.

e. Initiation of Ordinance: Vehicle Waste Disposal Fee Ordinance. Regulations to be discussed at the May 2004 with Selectman Stainton offering suggested regulations for discussion.

f. Town Restroom on Islesford: Dan Lief spoke about the Town public restroom maintenance operation, opening of this facility in the spring, cleaning and operating procedures, with turnover to the Dock Restaurant for summer operation. Mr. Lief stated that the Town did not proper turn them over to the Dock Restaurant last year. He warned that come May 1st of this year that they (Dock Restaurant) will turn on the water, and that the Town is responsible for getting them into operation. Chairman Beal pointed out to the MFC Representative present, Eve D. Harrison, that this was now a function within the purview of the MFC and that it added to their list of action items.

10: Adjournment at: 3:23 PM; next meeting on 4 May 2004 at the Community Center, Great Cranberry Island


The following letter was received by the Board of Selectmen from Hugh Dwelley, President of the Islesford Historical Society and has been entered into the permanent record of the Board of Selectmen's minutes:

"Islesford, Maine 04646
March 18, 2004
To: Mr. Len Bobinchock
Assistant Superintendent
Acadia National Park
Bar Harbor, Maine 04609

Dear Len,

I am disturbed to learn that the Islesford Museum may remain closed this summer! I am well aware that the National Park Service is short of funds and must make "service level adjustments." However, I find it difficult to believe the closing of the Islesford Museum will save much.

I believe that the museum has been manned for the past few summers largely by volunteers. I for one would be prepared to spend a day a week there during July and August if that would help. I feel sure that the Islesford Historical Society could line up some other volunteers as well. The costs then, for the museum itself, would be mostly for electric power and for mowing the lawn. If necessary, contributions might be found to cover that.

I am aware that the public toilets in the Blue Duck building might be another item. There again, if we know the costs involved, we might be able to help. Alternatively, the town now has public toilets nearby.

As you know, the ancestors of all of us supplied Professor Sawtelle with the items that make up the fine collection at the Islesford Museum. The collection has always been open to the public except for the years of World War II and shortly thereafter. I feel sure that W. O. Sawtelle's descendants who gave the museum and collection to the Park, will join all of us in urging that a way be found to have the museum open.

Please provide me with figures for the costs involved in having the museum open this summer. Also with your thoughts as to how our volunteer support might be helpful.

Sincerely,
/s/ Hugh L. Dwelley
President

cc:
CI Selectmen, Bob Pyle, Joy Sprague, Hist. Soc. Trustees, ME. Congressional Delegation, GCI Historical Society"


The Board of Selectmen received a letter from Hugh Dwelley of Little Cranberry Island on 17 March 2004 in regard to a Mosquito Study on Dunks & Bits that was to be undertaken in 2003. Mr. Dwelley received the results of this study by David Mills, who used larvae in his lobster hatchery. While this is not a highly scientifically controlled test, it is interested but should not be relied upon as proof of anything definitive fact. This study is published as part of the Selectmen's Meeting Minutes for future reference.

MOSQUITO PROJECT

Tests of Dunks and Bits on Lobster Larvae

Summer 2003


"At the request of the [Town of Cranberry Isles] Mosquito Study Committee, David Mills, owner of the Oceanarium at Southwest Harbor, took a quantity of bits and dunks and tested them on lobster larvae. Mr. Mills' assistant, David Vaughn carried out the tests.

Twenty stage #1 lobster larvae were placed in each of nine buckets. No bits or dunks were placed in three of those buckets to serve as a control group. Three more of the buckets received a measured quantity of bits and a piece of a dunk was placed in each of the remaining three buckets. These buckets were left until the lobster larvae in each of them had reached stage #4.

The reported results are as follows:
Bucket Survival in
Buckets with Bits
Survival in
Buckets with Dunks
Survival in
Buckets with Neither
(Control)
#1 3 of 20 7 of 20 3 of 20
#2 3 of 20 6 of 20 3 of 20
#3 4 of 20 4 of 20 5 of 20
Total
Survivors
10 with bits 17 with dunks 11 with nothing

Note: This test is only moderately scientific. Although an attempt was made to follow the manufacturers instructions for use of the bits and dunks, the quantities may have differed slightly from bucket to bucket. Use of different quantities might make a significant difference in the outcome."

/s/ Hugh L. Dwelley, Chairman
Mosquito Control Committee



The Board of Selectmen received a copy of a letter sent by Hugh L. Dwelley to the Director of the National Park Service concerning operation of the Islesford Museum:

Islesford, Maine 04646
26 March 2004
Ms. Fran P. Mainella
Director
National Park Service
Department of the Interior
Washington, DC

Dear Ms. Mainella:

Acadia National Park recently announced a number of service level adjustments including the closing of the Islesford Historical Museum for the summer. I understand that some 11,000 visitors came to Little Cranberry Island to visit the museum last summer.

I am also enclosing a clipping from this morning's Washington Post in which you are quoted as pledging to "pare back official travel and [to] better manage several large construction projects to prevent cuts in park hours and services." Will it now be possible to open the Islesford Museum after all?

Sincerely, /s/ Hugh L. Dwelley, President
Islesford Historical Society

Note: Mr. Dwelley included with his letter a copy of the his letter dated 18 March 2004 to Mr. Len Bobinchock, Asst. Superintendent of Acadia National Park which is printed


Board of Selectmen's Meeting
Town of Cranberry Isles

4 May 2004

Minutes

Attendees: Board of Selectmen Beal, Stainton and Blank; Town Clerk & Treasurer Frances J. Bartlett; Community members: Karin & Phil Whitney, Barbara Bryant, Bruce & Barbara Fernald, Malcolm Donald, Eve Harrison, Malcolm Donald, and Dan Lief

Meeting opened at: 8:48 AM

Agenda Items:

1. Review of Minutes of the 6 April 2004 BOS Meeting:
a. The Chairman asked Selectman Stainton to moderate the BOS meeting to permit the chairman to take notes pending advertisement and selection of a Deputy Town Treasurer and Assistant to the BOS.

b. On motion of Selectman David Stainton, with second by Selectman Edgar Blank, the minutes for 6 April 2004 were approved as presented.

2. Town Treasurer's Financial Warrants

a. Schools $ 30,620.76
b. Close of Union Trust Account $200,000.00
c. Bills $ 6,840.20
d. Bills $ 3,980.14
e. Bills   $ 20,390.07
Total: $261,831.17

3. Animal Control Officer (R. Beal):
Selectman Beal reported that Sergeant Edgecomb of the Mount Desert Police Department has decided that he does not want the position of Animal Control for the Cranberry Isles. Beal was authorized to discuss this subject with the Southwest Harbor Police Chief and determine if there was an Animal Control Officer available in that Town who could assist the Cranberry Isles part time when needed. He was also asked to contact the State for their guidance in an effort to find a suitable candidate. Michael Phillips of Sutton Island suggested from the floor that perhaps a local veterinarian be approached to take the position.

4. Comprehensive Plan Grant Application Approval and Leadership by Planning Board for the Comprehensive Plan Program (R. Beal):
a. Planning Grant application was presented before the board and with recommendation for approval and signature by the Board Chairman. Selectman Stainton read the brief the entire application document to the public. On motion of Selectman Beal, with second by Selectman Blank, the document was approved for signature.

b. The moderator opened the discussion on participation of membership in the Comprehensive Plan group, with a presentation by Lise Pratt, the current coordinator of the comprehensive plan effort. She reported on her work with Tom Martin of the Hancock County Planning Commission, and the recommendation for a membership of a 5 to 7 member group. Phil Whitney, Secretary of the Planning Board, reported that the Planning Board has participation in the Comprehensive Planning Group as a topic for a meeting tomorrow. He also added that they had met only once in two years and didn't think that the Board would be able to satisfactorily participate.

c. The Board of Selectmen decided to wait for one month for various names of candidates to surface and to have the final selection of a planning group at the June meeting. Selectmen Beal motioned that a committee of seven be formed as a core group, with a recommendation for one candidate to come from the MFC, one from the Planning Board, one from the Futures Group of Cranberry Isles, plus four from the island population at large; Lise Pratt is tasked with recommending a proposed committee for consideration at the June BOS meeting. Selectman Blank seconded the motion with concurrence by Selectman Stainton. Phil Whitney, speaking from the audience, complimented Lise Pratt for the work she has accomplished to date in getting the application underway and keeping the process moving forward to which everyone present agreed.

5. Hancock County Regional Communication Center Agreement Approval:
Selectman Beal read the entire Agreement between the proposed HCRCC and Town of Cranberry Isles. Selectman Stainton asked why only the fire department at this time and not also the police department. To have the entire dispatch service provided the cost would more than $700 per year. Selectman Beal answered questions on dispatching services and what would happen when a 911 call was received by the HCRCC. Phil Whitney recommended that any dispatching system that is adopted be all inclusive in services provided, that the Selectman do more research on the type of communications to be handled on each island, and that the Board participate in the Fire Meeting and learn more of the needs and topics being discussed by each department. Dan Lief responded that there are two fire departments, that there is no requirement that Islesford bring along Great Cranberry which seems to be behind in its organization. Selectman Stainton recommended approval of the Agreement for fire services, and to contact the agency for the other services and how it works. Bruce Fernald recommended that Sutton Island form a committee on Street Addressing and how 911 calls for help are responded to by various agencies.

Motion by David Stainton, with second by Edgar Blank, to sign the Agreement for fire dispatching services.

6. Public Information Access - MFC and other Town business:
Selectman Beal reported on his discussions with the Maine Municipal Association concerning meetings of the MFC and their conduct of meetings in public. A formal opinion is to be offered by MMA in the near future. Robert Phillips of Sutton Island asked for the BOS to keep MFC informed on how funds for financial accounting operations modification are being spent. Selectman Stainton also discussed the Deputy Treasurer/Assistant to the BOS position which will be posted for filling.

7. (a) Manset/Northeast Harbor Parking Allocation, (b) MRC Report and Recommendations, (c) Municipal Corporation Guidelines & Information, (d) Real Estate Listing (former J. Newman Home)

a. Parking Allocation: Malcolm Donald presented the parking allocation decision documents with recommended assignments, the problems to date in making selections for a limited number of parking spots, and decisions required by the BOS. Selectman Stainton: Should we change the system of allocation and what do we do today for the allocation process? M. Donald was asked for his recommendation. He responded that a number of people had not responded to the parking application and also discussed persons already in Northeast Harbor parking but this year do not have enough points. Dan Lief suggested that there be transparency to the entire process with the same rules for everyone. Discussion took place on criteria for last year and what is applicable for this year. Michael Phillips suggested that we look at parking days, i.e., one month vice the season, and then rent 10 spots as needed for short term parking. Michael Phillips was asked by Selectman Stainton to undertake resolution of the 15 or so parking problems in Mount Desert as a member of the MFC. Selectman Blank recommended that Mr. Phillips and Mr. Donald talk to a few property owners about moving to Manset with 113 spaces in Northeast Harbor being firmly allocated and the remainder for short term parking of a month. Selectman Stainton recommended that the first round of parking allotments be sent out for individuals with more than 3 points. Phil Whitney suggested that for those persons for whom you could not make an accommodation, then conduct a lottery by drawing out of a hat for space allocation. The MFC, via Malcolm Donald, will advise the BOS as to issuance of parking stickers and resolution of final parking allocation.

b. MRC Report & Recommendations: Michael Phillips reviewed the report and discussed each of the items therein. A copy of this report resides with the Town Clerk and is available from her for the cost of duplication and postage, or for public inspection at the Town Office. Upon briefing the pros and con for sale of the Brown house, with a recommendation for maintaining a right of first refusal to repurchase the property, the Selectmen accepted the recommendation from the MFC to list the house for sale pursuant to Article 22A of the 2004 Warrant. Selectman Beal read the of Article 22A & B for refresher of the specifics voted by the citizens at Town Meeting in March 2004. Mr. Phillips also briefed potential sale of the Hinckley Insurance Building and recommended that this building not be sold for at least the next four years based on a cost analysis contained in the MFC report. Motion by Selectman Stainton, with second by Selectman Beal, to sign the listing agreement with Knowles Real Estate for sale with an 11,000 square footage in property size, which was duly signed by the BOS.

c. Municipal Corporation Guidelines: Motion by Selectman Stainton, with second by Selectman Beal, to explore hiring the school board attorney, William Plouffe, of the firm of Drummond Woodsum & MacMahon in Portland, Maine. Mr. Plouffe is known to be very experienced in municipal matters and should be able to assist the Town in answering a number of questions concerning municipal corporations which can then be taken back to the voters pursuant to their vote at Town Meeting 2004.

d. Real Estate Listing: This item was discussed as part of 7.b above

8. Hazardous Waste Removal Pricing (R. Beal)
Costs of handling hazardous waste materials were presented for information with a discussion of how to handle waste oil from the fishermen.

9. Vehicle Waste Disposal Fee Ordinance (Regulations & Implementation) (D. Stainton)
a. Questions posed by Selectman Stainton

1. Application Form: Chairman Beal will prepare a draft application & permit form containing those vehicle identification items necessary to identify the permitted vehicle.

2. Application for Exemption: Certification will be required when the vehicle is to arrive and leave from the islands and this could involve the barge operators for participation in the program by providing a signature when a vehicle was delivered or removed from one of the islands.

3. Additional discussions: It was apparent from the discussion with members of the community that further thought needs to be given to implementation of this voter approved ordinance since its effectiveness will depend on how the implementation regulations are defined. For example, enforcement will be by the Code Enforcement Officer since the Hancock County District Attorney has indicated that this is a civil ordinance and not a criminal one. Nevertheless, enforcement of State laws for vehicles under Title 29 is also necessary to ensure that all vehicles are registered and insured when operated on any of the islands. This is not the case at the moment. Further, in order to get an Exemption Permit for the $250 Disposal Fee, all current vehicles must be registered and insured and many are not as of today's BOS meeting. Bruce Fernald indicated that of the 30 plus vehicles removed as junked autos just two years ago from Islesford, they have a similar number of abandoned vehicles that have shown up.

b. Letter received from Carl & Patricia Brooks: Letter becomes moot since regulations will not be issued prior to the June 2004 BOS meeting. Their request indicated that they would be bringing an automobile onto Great Cranberry in the 10 May time frame.

10. Palesky Proposal (Property Tax Cap of 1%) (R. Beal)
Chairman Beal discussed the information provided by the Maine Municipal Association on their web site and the impact on Town finances should this proposal be passed by the State's voters in either the June or November election. A specific date has not been determined yet. For the Cranberry Isles if this 1% property tax reduction act were in effect for 2004, the Town would be approximately $400,000 short in funds to implement those items approved by the voters at the March 2004 Town Meeting.

11. Public Communications
a. Bruce Fernald letter dtd 4/15/2004: Contents of letter quoted below. Mr. Fernald stated at the meeting that he was now in favor of selling the former Newman home (Brown House) in Manset, but keeping for at least the next four years the Hinckley Insurance property based on the financial analysis provided by the MFC and Michael Phillips.

b. Department of Public Safety Liquor Licensing & Inspection: Liquor license renewal application for the Islesford Dock Restaurant was signed with the stipulation that all signatures be applied and that a request for hearing exemption be submitted to the board for completion of the record. Selectman Blank to take for action.

c. Phil Whitney suggested that we should try to obtain police service on island and not depend on getting assistance from off island. Need immediate response for problems occurring on island. Must not give up on finding an individual from within the community with a goal of having an officer on both Great and Little Cranberry Islands.

d. Selectman Beal reported on significant erosion on Murch property located between Deadman Point and Fish Point on the shore side facing "The Gut". This erosion appears to be the result of damage to the shore bar located in the vicinity of LAT 44-15' and LONG 068-14.55' when workmen two years ago used this strip of land in their effort to get to the Chris Nash construction site on the tip of Fish Point. Selectman Beal was authorized to contact the State EPA and associated officials to determine the next course of action, since further erosion could open up the Pool to the Gut and possibly damage the clam flats inside the Pool.

12. Library & Town document duplication discussion (R. Beal):
Following discussion of the need for this machine for not only the Library but also support to the Town Assessor and duplication of numerous Town documents, on motion of Selectman Stainton with second by Selectman Beal, an amount of $2000 was authorized from the Selectmen's Contingency Account for 1/2 support in the purchase of a duplicating machine. The Library Board is to be advised by the Chairman that the BOS wishes to be involved in the selection process for a machine since a robust quality product is desired. Chairman Beal point out to the BOS and audience that the Town Office would be moving out of Frances Bartlett's home next March 2005 since she has firmly stated that she will not stand for election again as Clerk, Treasurer or Tax Collection. Her decision to retire is firm as she stated again at this BOS meeting.

13. Fire Department Guidelines and Requirements from BOS (Stainton):
Letter from the BOS to each fire department as contained below was approved:

"4 May 2004

To: Cranberry Isles Fire Chiefs Sanborn and Chaplin

The Board of Selectmen is very pleased with the initiative undertaken by the island fire departments to improve fire service in the Town, and the voters have certainly expressed their support by appropriating over 10% of the Town budget for that effort.

We are sure that both the Selectmen and the fire departments are very aware of our responsibility to the voters to account for effective use of the money voted, and for that purpose the Selectmen ask that each department take a few simple steps to insure good communication to us and to the public of the goals and achievements of each department.

First, we ask that you forward to the board a copy of the bylaws governing your organization and a list of the current officers or other elected or appointed officials.

Second, we ask that you furnish us with a prioritized description of actions or program which you believe necessary to improve department operations, including such areas as personnel safety, reduction of fire risk, establishment of communication networks, equipment requirements and other actions designed to improve fire insurance ratings. Budgeted expenditures for these activities should be shown for each program, and accounting should likewise be done on a program basis.

Third, we ask that you submit a brief written report to the Selectmen every other month at the regular Selectmen's meeting, beginning in June. The report should describe department activities in the previous months and future plans which may be of interest, together with the department treasurer's report. Please try to get this to us not later than the first day of the month.

The Board of Selectmen is particularly interested in and urges both Islesford and Great Cranberry Island departments to cooperate on programs of benefit to both islands, such as training, equipment purchases and consultation with outside sources. Opportunities in any of these areas must b e shared whenever possible.

We hope you will include in your priorities a program to equip each household with fire extinguishers and smoke detectors and such other equipment as would help in early response to threat of fire.

Please be aware that the Town customarily requires competitive bids for purchases of goods or services costing over $5000, unless the provider is a unique or sole source.

Again, thanks for your efforts.

Cranberry Isles Board of Selectmen
Richard F. Beal David M. Stainton Orville E. Blank, Jr.

14. Adjournment: was at 02:30 PM with the next meeting scheduled for Tuesday, 1 June 2004 on Little Cranberry Island at the Islesford Neighborhood House. Meeting to commence at 08:30 AM


COMMUNICATIONS FROM THE PUBLIC

Bruce W. Fernald
P.O. Box 57
Islesford, ME 04646
244-5283

4/15/04

Cranberry Isles Board of Selectmen
Richard Beal
David Stainton
Edgar Blank

To the Selectmen:

I am writing this letter as a private citizen, not in my capacity as a MFC board member. These are my personal opinions and observations. Having just been elected to the MFC and not really kinkowing much about our Manset facility, I toured the "brown house" with Harriett Whittington of the Knowles Company on April 14. after spending time going over the house, it made me realize that we, as a town, should not be managing properties. The house, in my opinion, should not have been shown in its present condition.

At this point:

1. There is a leak in the roof in the easterly corner of the house.

2. The ceiling in the living room is crumbling and needs repair.

3. The front porch deck needs repainting. Half of the stain is gone.

4. The newly installed shingles on the front porch are still unstained.

5. There are large (2' by 3') sections of painted sample colors on the white walls throughout the house.

6. The paint is peeling off the bathroom wall behind the bathtub.

All of these items, minus the roof leak and ceiling repairs, could be taken care of in a few days or less. Preparations are being made to take care of these at this time. I am concerned that they have not been dealt with in a year's time. I'm not putting the blame on any person, group, or board, but this is an example of why I think we, as a town, should not hold onto this or any other unnecessary properties.

Selling this property for $150,000 or $175,000 less than what we originally paid does not necessarily mean a loss to the town. We are retaining the garage and apartment, one-sixth of an acre of land, and easements off the property. It is hard to put a value on these, but I think that they are close to the value of the difference. The savings in insurance, taxes and maintenance would add up to a lot of money.

This brings me to my concerns about the Hinckley Insurance building. With the money we will need to soon spend on improvements (around $30,000) to be in compliance with our lease agreement and the fact that our tenants are out of compliance with their lease from us (by renting an apartment on the third floor of the building) I wonder why our town needs the complications of being a landlord. This seems like a very good time to sell the place to our tenants, or anyone else who wants to buy it, before everyone involved on both sides gets totally disgusted with the situation. I understand d that someone who is connected with the Hinckley building has asked us to "name a price." This sounds like a good idea to me.

Our town voted to buy the Manset property for waterfront access and parking. I believe that this will prove to be a wise decision. As I see it, the current complications of the property are having a major negative impact on our town. We are out of compliance on our lease with our tenants and we have a debt load that is way too high. The time that has been put into discussions about this property could be better used in attending to the daily operations of town business. I think the concerns I mentioned above are draining the energy and money from all of us.

I am asking the board of selectmen to please cooperate in any way possible. Please let the MFC work to help us all out of this situation. I am going to do what I can to work with Selectmen and as a MFC board member for this purpose. Thank you so much for your service to the town. I really appreciate it.

Sincerely,
/s/ Bruce W. Fernald


Joseph L. Delafield, III
32 Ship Channel Road
South Portland, ME 04106

April 14, 2004

Richard F. Beal, Chairman
Board of Selectmen
Town of Cranberry Isles
Cranberry Isles, ME 04625

Dear Richard:

At the Town Meeting last month, when Warrant Article 32 concerning the formation of a municipal corporation came up, you indicated a hope that I might be able [to] provide some input on the subject. Since then, I have heard indirectly from Carl Brooks that you may be expecting something from me, and I wanted to be certain that I understand your expectations clearly. I am, as you know, entirely willing to be helpful if it is within my power.

In reviewing past communications I have received from Carl, I believe he has raised several questions all relating to the fact that the Manset facility is located outside of the geographic boundaries of the Town. Since these questions predated the acquisition of that property, it may be that some of them have been put to rest by the fact of the acquisition, and the accompanying scrutiny that the transaction received by the Town Attorney and Bond Counsel. I have no interest in second guessing that scrutiny, and I am sure you agree.

So the first question - does the Town have authority to acquire and own real estate outside of its geographic b bounds - appears to have passed examination by the Town's Attorney and Bond Counsel.

The second question, which relates to potential liabilities of the Town for events taking place at the Manset facility, may still need examination. This raises questions relating to sovereign immunity, coverage under the Tort Claims Act, and liability insurance.

The third broad area of questions relates to federal and state taxation of revenues from the Manset facility and the deductibility of donations to the Town in support of that facility.

The proposal for a municipal corporation is, I believe, designed to improve the position of the Town on each of these questions. However, the legal issues underlying that conclusion are complex and esoteric, and beyond any specific experience that I have. I would be glad to look into them, but I have to tell you that the only way I can think of for the Town to have the kind of reliable advice that it should have on these questions is to hire an attorney of suitable competence to provide clear guidance. Such attorneys are available in Maine, and I would be glad to offer some suggestions if that would be helpful.

Please let me know what you would like from me in connection with these questions.

Very truly yours,
/s/ Joseph L. Delafield III

cc:
Carl N. Brooks
Frank Reece





1 June 2004
Board of Selectmen's Meeting

Minutes

Attendees: Selectmen Richard F. Beal, David M. Stainton, and Orville E. Blank, plus Town Clerk Frances J. Bartlett. Members of the community present were: Malcolm Donald, Hugh Smallwood, Phil Whitney, Dan and Cynthia Lief, Gary Allen, Eve Harrison, Lise M. Pratt, Michael Phillips, Bruce Fernald

Meeting Opened at: 8:32 AM

Agenda:

1. Review and approval of minutes for the 4 May 2004 BOS Meeting: On motion of Selectman David Stainton with second by Selectman Orville Blank, the minutes were accepted as presented, with an original copy provided to the Town Clerk for her file. Several questions were asked concerning subjects in the minutes such as Fire Department reports, Animal Control Officer, candidates for the Deputy Treasurer position, and erosion at the isthmus on Fish Point. Dan Lief, on behalf of the Islesford Fire Group suggested that reporting requirements be streamlined because the Islesford Fire Association had been very busy this past month in training evolutions. Selectman Stainton indicated that this request from the Selectman last month was for some basic information and that the Board appreciated the fact that training was being conducted and everyone was very busy, nevertheless, some reporting was required to assist the BOS in properly administering public funds.

2. Financial Warrants (Bartlett)
a. Schools$20,931.76
b. Bills$16,076.12
c. Bills$13,959.89
d. Bills$63,374.33
Total:$151,349.98

There was a discussion on the CES, Inc. statement and whether or not it had been first reviewed by the Municipal Facilities Commission. Chairman Hugh Smallwood indicated that he would like to have it removed from the Treasurer's Warrant until he had a chance to review it. Also he intended to review past invoices for services from CES, Inc. since he believed not all work had been completed and that the Town might be owed a refund.

3. Solid Waste Removal Program Status:

a. DEP Permit Application: Majority of paperwork is nearly ready to be submitted to the Department of Environmental Protection. Maps need to be reproduced for inclusion in this application. Chairman Beal has written an Operating and Maintenance Procedure, as required by the DEP, for the Transfer Station operation which is now being reviewed by CES, Inc. at their Brewer Headquarters by their Environmental Engineer and also by the Town's solid waste contractor, Gray Enterprises. Selectman Stainton said that the Town needs written permission from the property abutters concerning use of a Transfer Station in the proposed locations on each island. He has been to each size measuring site sizes and preparing proposed release forms for the abutter property owners. Bruce Fernald indicated from the audience that he was one of those abutters and that his concern was for any possible smell that might come from this new style of solid waste compaction equipment. Selectmen Beal reported on his experience with this equipment at Litton Industries in San Jose, California which did not have such an odor problem.

Selectman Beal motioned:

a. That the start date for the PERC (Penobscot Energy Recovery Company) contract be 1 Sept 2004 rather than the proposed 1 July 2004 date since the Town would not be in operation with the new system any earlier than September.

b. That the GAT (Guaranteed Annual Tonnage) for the PERC of 55 tons be accepted with a change to Appendix A of the basic contract as suggested by the PERC Board in their letter of 27 May 2004 which was read to all.

c. That the Ed Gray current contract be extended from 1 July 2004 with continued deliver of solid waste to EMR until September when full operation of the new compaction equipment is anticipated.

This motion carried unanimously with a second by Selectman Stainton.

b. Extension of current Solid Waste Contract Pending DEP Permit Approval: Extension approved to 1 September 2004 or when the DEP permit is received for construction and operation of the new Solid Waste Disposal transfer facilities.

c. Solid Waste Disposal Ordinance (Proposed): The Selectmen agreed to put this proposed ordinance before the voters at the next special Town Meeting which will probably be on 9 August, to include two ordinances (Street Addressing and Solid Waste), sale of brown house, and proposition for increasing number of Selectmen from three to five. This solid waste removal ordinance is presently being reviewed by the Town's attorney.

4. Request of Patrick Allen re: Bicycle Rental on Great Cranberry Island: Mr. Allen's letter was read to the audience, with his father, Gary Allen, present indicating that Patrick could not be present. Mr. Allen indicated that his son was talking about 10 to 20 bicycles. Selectman Blank asked if this enterprise could be placed alongside the Cranberry General store? Selectman Stainton was concerned about starting a precedent, although he felt that placing it alongside the store might be the best solution. On motion of Selectman Stainton, with second by Selectman Blank, the area alongside the Cranberry General Store was approved for use for this summer business.

5. Vehicle Waste Disposal Ordinance: Permit Application and Ordinance Initiation

Selectman Beal offered examples of the permit forms and the stickers to be placed on each car. The Board agreed to implement the program as of 1 June 2004. Several in the audience asked who would enforce this new ordinance and Selectman Beal indicated that this was a civil ordinance enforcable by the Town's Code Enforcement Officer. Those found by her to be in violation will be issued a summons which per the ordinance carrys a $700.00 fine per vehicle. There is a 30 day grace period for vehicles currently on the island to be stickered with an "Exempt Importation" sticker and the Selectmen or Town Clerk is prepared to fillout the permit. For all individuals bringing an automobile to the Cranberry Isles this day forward must obtain a permit by contacting the Town Clerk, with a check for $250.00 and a copy of their automobile registration. In response to a question about barge operators policing this ordinance, it was stated by the BOS that the onus is on the individual and that if he/she wishes to take a chance on not getting caught, so be it; however, everyone was cautioned to the fact that our CEO is often on the islands related to other code problems or inspections and has agreed to actively enforce this new ordinance.

6. Municipal Facilities Commission Report & Recommendations:

a. Moorings: Michael Phillips met with the Southwest Harbor Harbor Master and Robert Brown (an abutting property owner to the Town's Manset facility) to discuss mooring locations and resolution of placement of the Town's fourth float. This relocation should be undertaken in the coming week by Ocean House (Dan Chalmers). In 2003 both the Town and Pritham Singh (property sellor) paid for the moorings. The Town of Southwest Harbor states that moorings do not transfer with title of property. Two of the moorings are to be used as moorings for the fourth float and the Harbor Master said that he would permit two more moorings for the Town of Cranberry Isles' use. Mr. Phillips suggested that a total of five moorings was sufficient for the Town's requirements and recommended that he not press for the total of seven as was originally owned by Pritham Singh. Eve Harrison of the MFC suggested that having moorings available for people who needed to leave a boat for a longer period of time than placement alongside the floats for two hours was a significant advantage for the Town.

b. Cranberry Isles ramp: Can be used only at high tide and that obstruction by Robert Brown with his float and ramps is not of concern. The Harbor Master said he would revisit the issue should Cranberry Isles wish to lengthen the ramp.

c. Potential exists for sale of the Brown House in the next couple of months but MFC does not recommend placing this topic on the Warrant 2004-A until an actual contract is in hand. Therefore a second Special Town Meeting may be required later this year.

d. Parking: Two spots are left in Northeast Harbor to correct mistakes in issuance of space, 27 spaces in Southwest Harbor remain available, and 20 spots in the Joy Road lot have been issued out of 51 available. In response to a question from the Town Clerk concerning any BOS member getting the parking lot lease from the Catholic Church, all spoke in the negative. Chairman Beal will contact the Archdiocese in Portland and found out where the lease is and when we should expect it.

e. Landscaping (Attachment B of the MFC Report) is requested in the amount of $3,728.45 for just the parking lot area. No landscaping requested for the Brown House for the moment. This request also follows through on the Southwest Harbor Conservation Commission request. Motioned by Selectman Stainton, with second by Selectman Blank, for approval of the $3,728.45.

f. Modification to Lease with Edward Hadlock as contained in Exhibit C to the MFC Report concerning Parking Rules: Motioned by Selectman Beal, with second by David Stainton, for approval. Document signed by the Board Chairman and provided to the Town Clerk for permanent retention.

g. Comprehensive Plan Committee: Lise Pratt (Coordinator for establishment of the Comprehensive Plan Committee) discussed her letter to all residents and/or property owners discussing the plan and the need for committee members, including direct meetings with many, and a story in the Mount Desert Islander by Barbara Fernald. Six volunteers on Great Cranberry and seven on Little Cranberry have written volunteering for participation. Because of the problems associated with identification of all resources and the need to do "a good job" Ms. Pratt did not believe it appropriate to come forward with a committee participation lineup at this meeting as had been requested by the Selectmen at their May meeting. "Out Reach" is the first phase of the Plan and involves meeting all groups and people who have a direct interest or part to play in the overall plan. Ms. Pratt recommended that Tom Martin of the Hancock County Planning Commission visit the islands for a public forum to discuss directly the parameters of a Comprehensive Plan. Suggested that Dan Lief be appointed the provision chairman of the comprehensive plan committee. On motion of Selectman Stainton, with second by Selectman Beal, Dan Lief was appointed Chairman of the Comprehensive Planning Committee. One candidate volunteer is the spouse of a Selectman and Ms. Pratt asked if this question could be researched pursuant to public law to ensure that there is no conflict of interest.

h. Manset Business Plan: A copy of the current plan draft was included in the MFC report for review. Tom McCormick of Coston & McIsaac in Bar Harbor was asked to present a 5 year cash flow for inclusion in the business plan. Coston & McIsaac is currently under contract with the Town to examine the Town's financial booking methodology with a tasking to make recommendations on establishing new computerized accounting procedures. Mr. McCormick provided a letter report dated 27 May 2004 which was read to all, wherein he reported that he was following through on the Chairman's recommendation of using an accounting software package from the TRIO Corporation which is presently used by more than 250 Maine towns. He indicated that he had also talked directly with some Town officials, for example: Donna Bernier, Town Manager of Limestone, Maine, concerning her experiences with TRIO which were very positive. The BOS expects to have a more detailed set of recommendation from Mr. McCormick in July.

i. Hinckley Insurance Building: On motion of Selectman Beal, with second by David Stainton, the third floor of the Hinckley Insurance Building was removed from rentable space effective this fall, thereby precluding having to address getting a new fire escape for the moment.

j. Hinckley Rental in Boat House: Recommended by MFC not to permit combined or joint rental of space between Hank Hinckley and Newman & Gray which would be a sublet situation to which the BOS unanimously concurred.

7. Future Town Office: Location, requirements, move date

Town Clerk and Treasurer Frances Bartlett announced at Town Meeting 15 March 2004 and again at the May BOS meeting that she will not be standing for election again as either Town Clerk, Town Treasurer or Collector of Taxes & Excise Taxes. According, after some 60 years, the use of Ms. Bartlett's home as the Town Office and repository of Town Records must be relocated before March 2005. A discussion of potential relocation spots ensued and it was by unanimous opinion of the BOS that the Town Office would have to be relocated to Great Cranberry Island where there is sufficient building space in the combination School and Town Office complex for all of the files and other documents now in the Bartlett home, including the attic. The Board of Selectmen then decided that:

a. A specification package needs to be developed as to what requirements are needed for a new office which David Stainton said he would undertake with the Town Clerk. This includes office hours, amount of storage for files (active and storage). Equipment requirements and space in which to conduct business with the public. Ms. Bartlett stated that she doesn't even have room for patrons to fill out a check without resorting to use of her kitchen table.

b. A letter should be sent to both the Great Cranberry Historical Society and the Cranberry Isles School Board notifying them that the Town is actively considering restoring use of one of the school rooms as it once was designed, prior to downsizing the Town Office and adding a new school room.

8. Municipal Street Addressing Ordinance (Proposed)

a. The BOS agreed to place this proposed ordinance on the Special Town Meeting warrant for 9 August 2004. This ordinance is presently being reviewed by the Town's attorney.

9. Public Communications:

a. Gary Allen was questioned concerning the running of a 5K race on Great Cranberry Island on 3 July 2004. Selectman Stainton asked Mr. Allen to discuss what he was proposing on behalf of the Great Cranberry Historical Society. The Historical Society will be the beneficiary of the race. Begins at 11:00 AM at the Congregational Church and also ends at the Church. The race route goes to the end of asphalt by the Murch property on Great Cranberry Island and then turns around. Port-a-potty setups are required plus extra boating according to Selectman Stainton. Phil Whitney suggested that, in addition to Northeast Harbor parking, there was plenty of parking in Southwest Harbor at the lower Town Dock and surrounding areas and he would provide Mr. Allen with some telephone numbers. Selectman Stainton questioned what was the Town's liability and was Mr. Allen insured? Mr. Allen was asked to provide the Town Clerk with a copy of his insurance documents for running a foot race.

b. MDI Track & Field Award Ceremony on Islesford: 60 students plus parents coming to Islesford on 8 June for their 2004 Annual Award Ceremony. Eve Harrison is an assistant coach and reported on this award ceremony.

c. Bank Loans: Selectman Beal reported on his progress in obtaining bank loans for the following:

1. Brown House in Manset: $714,960 at 3.62% for a 2 year extension of the General Obligation Bond

2. Great Cranberry Dock Repairs $190,000 at 2.78% for 4 years (principal & interest on monthly basis)

3. Great Cranberry Restroom $54,000 at 2.78% for 4 years (principal & interest on a monthly basis)

Sufficient funds were included in the 2004 Town Budget for these three loan expenses.

d. Merrill Road: Needs grading and ditching accordingly to Selectman Blank who asked that this road be considered for upgrade. Selectman Beal asked if it was a Town Road and that we should not consider this question first and not make any decision until that determination was first made. [The Town Clerk subsequent to this meeting examined earlier records and found that the Merrill Road had been accepted by the voters as a Town Road.] Selectman Beal said that he would develop a draft Road Ordinance which addresses (1) acceptance, (2) design and (3) maintenance.

10. Adjournment at 1:30 PM, next meeting proposed for 6 July 2004, Great Cranberry Island




BOARD OF SELECTMEN'S MEETING

Town of Cranberry Isles, Maine

6 July 2004

ATTENDEES: Selectmen Richard Beal, David Stainton and Edgar Blank, plus Town Clerk Frances Bartlett. Members of the community in the audience were: Jan Moss, Dan Lief, Hal Newell, Bruce Komusin, Jeff Wadsworth, Kevin Wedge, Michael Phillips, Eve Harrison, Hugh Smallwood, Joe Delafield, Malcolm Donald, Clyde and Joan Shorey, Phil and Karin Whitney, James Gertmenian, Robin Richman

Meeting opened at: 9:00 AM

AGENDA:

1. REVIEW OF BOS MEETING MINUTES FOR 1 JUNE 2004:
Minutes were reviewed by the Board of Selectmen with a motion by Selectman Stainton to accept the minutes, with a second to the motion by Selectman Blank. A copy of the minutes were provided for audience information and the Chairman advised that these minutes were also on the CranberryIsles.com website. Minor changes in paragraph 6 were recommended by Michael Phillips of the Municipal Facilities Commission and accepted.

2. FINANCIAL WARRANTS and Related Financial Business:

a. Haslam Septic Service: The Selectmen signed two copies of a contract with Haslam Septic for the year 2004-2005 for the disposal of septic sludge within the borders of Cranberry Isles for town facilities.

b.
Category of Warrant:AmountWarrant #
Acadia Health Care$350.0023
School Payroll & voucher$26179.4924
Bills$21,456.9225
Bills$6,235.3226
Town of Cranberry Isles$100,000.004A
(Transfer between accounts)
Bills$8,231.2927
Total:$162,453.02

c. Appointment of Deputy Town Clerk & Treasurer: In response to a two month advertising and search period three letters were received asking for consideration as a Deputy Town Clerk & Treasurer. Letters were received from Margaret Blank, Islesford; Denise McCormack, Islesford; and Beverly Sanborn, Great Cranberry. Each of the letters were read aloud to all present, with the Chairman pointing out that both Mrs. Blank and Mrs. Sanborn had indicated a desire for only the Town Clerk's position in their letters, and then each application was discussed by the Selectmen. Selectman Blank recused himself since his wife was one of the applicants. Selectman Beal indicated his choice of Denise McCormack due to her computer skills and accounting background plus work experience in several banks and saving institutions. On motion of David Stainton, Mrs. Denise McCormack was accepted for the position of Deputy Treasurer and Clerk, with bonding to be arranged by the Town Treasurer for this position. Mrs. McCormack was notified of her selection this date.

d. Special Town Meeting: The Chairman read a proposed "Warrant-A", which had been reviewed to be considered by the voters on 9 August 2004 at a Special Town Meeting, to be held at the Islesford Neighborhood House, beginning at 09:00 AM. "Warrant-A" contained 13 Articles of which the first was for election of a moderator and then 12 Articles requiring consideration and a vote by the Town's citizens. "Warrant-A" was approved by the Selectmen and attested to by the Town Clerk. Four Articles in "Warrant-A" concern consideration of proposed Ordinances and each ordinance was certified by the Selectmen and attested to by the Town Clerk. These proposed ordinances are: (1) Street Name & Addressing Ordinance, (2) Solid Waste Disposal Ordinance, (3) Harbor Management Ordinance, and (4) Municipal Fire Department Ordinance. All of this material will be assembled into a booklet and mailed to each registered Town voter in mid-July. Additional copies of this Warrant booklet are being made for those property owners who also wish to attend the Special Town Meeting.

3. STATUS OF SOLID WASTE TRANSFER PERMIT APPLICATIONS: Chairman Beal reported on progress by CES, Inc. (Brewer, Maine) in preparing the Transfer Station Permit Applications. Selectman Stainton indicated that he had site survey documents ready to send off to CES, Inc. Selectman Blank indicated his displeasure with the decision by the other two Selectmen in moving the trash containers to the Town Gravel Pit temporarily pending transfer permit approval and construction of the compaction facility. Placement of collection containers in the gravel pit for the interim period was discussed by several in the audience, along with discussions on overall trash collection procedures, placement of containers and actions by citizens in using proper disposal procedures. Chairman Beal met later in the day with the solid waste contractor and stressed the importance of keeping the containers emptied.

4. TOWN OFFICE: LOCATION, SPECIFICATIONS, FUNDING:

a. Selectman Stainton provided a "Program for the Town Office" document which provided information as to space and equipment. On motion of Selectman Stainton, the MFC (Chairman Hugh Smallwood) was empowered to initiate a committee to explore a site for a new Town Office, with specifics on construction, land requirements, septic; including an option of leasing land on a long term basis for the office if a location on Town land could not be developed. This committee is to report back to the selectmen on 9 August following the Special Town Meeting. An article was approved by the Selectmen in their discussion of the Warrant-A, 2004 for appropriation of funds for the Town Office relocation which will be considered at Town Meeting by the voters.

5. MONTHLY REPORT & RECOMMENDATIONS OF MUNICIPAL FACILITIES COMMISSION: (The MFC Report of June is quoted below.)

"Operations:

a. Brown House:

Status: Fencing to separate the property for sale has been ordered and the work necessary to move the garage doors to the east side of the apartment has been looked at and we are waiting for a quote. We have received an offer for the purchase of the Brown House and the MFC Chairman has appointed a member of the commission to negotiate the price with our real estate agent to ensure confidentiality. We hope to present a contract to the Board of Selectmen for their signature at the July BOS meeting. The Contract would be contingent on the voters approving it at the special town meeting in August. We also request that the BOS consider this contract in Executive Session to keep the offer confidential. [Note: At the conclusion of the BOS meeting, the BOS did conduct an Executive Session, it received documentation for a potential sale, and this material was subsequently delivered to the Town Attorney for review.]

b. Parking Lots:

Manset Lot: Wheel stops and landscaping boulders are scheduled for installation this month. The Insurance Building parking lot is in progress [of construction] and will hopefully be completed next week.

Joy Road Lot: The towing signs are in place and MCI Towing has been advised not to tow until after the 4th of July weekend. We have prepared a notice to be posted on the islands about the need for 2004 parking permits for Joy Road and that towing will occur. [Note: Joy Road parking stickers may be obtained by contacting Malcolm Donald at 207-244-5244.]

c. Caretaker: Edward Hadlock [Caretaker for the Manset Property] has not been completing his weekly obligations to the Town. He is [also] three months behind in his rent. As of Friday, June 25th he was relieved of his caretaker responsibilities and given a schedule for getting his rent paid up to date by the middle of July. Ms. Eve Harrison has done a great job of staying on top of this situation. We may have to evict him if the rent isn't paid up by the end of July. Eve has arranged for the non-skid strips to be installed on the ramp and is looking into a lawn care service to cut the grass and water and weed. Also a house keeping service to clean the restroom and waiting area is under consideration.

Moorings & Floats:

The fourth float was installed this month [June] and the moorings are in progress. We have a diver scheduled to dive on them in July to retrieve the lost ones and check the others. By August we should have all five moorings in the town's name and in place.

Department of Transportation Grant:

Not much has happened this month with this grant [$250,000]. The Municipal Facilities Commission needs to look into each of these acceptable projects to get more details so we can decide which ones we want to proceed with.

Comprehensive Plan:

The grant for $17,307 was approved by the State Planning Office and is pending approval from the State Contract Review Committee. The Town has to match $5,711 which has already received voter approval [at the March 15, 2004 Town Meeting]. The next step is to formally appoint the committee and start the project. Dan Lief will work with Lise [Pratt] getting this started.

Manset Business Plan:

The draft business plan is being reviewed/edited by Michael Bush who is a professional business plan writer. We have some preliminary numbers from Tom McCormack [of Coston & McIsaac of Bar Harbor, Me., a CPA firm hired to assist the Town on its financial accounting system] on the 5 year cash flow but they need some refinements. Hopefully, we'll have something to look at by the July 6 BOS meeting."

The Board of Selectmen accepted the MFC Monthly Report with thanks, noting that the Town still has not received a lease agreement from the Catholic Church for the Joy Street Parking Lot.

6. AUDIENCE COMMUNICATIONS

a. Dan Lief (Little Cranberry Island): Spoke on behalf of the Islesford Volunteer Fire Association and their report for June 2004. That report is detailed below for completeness of the meeting record and action taken by the Board of Selectmen:

"Training: We have offered Volunteers over 70 hours of training. On average, Volunteers have completed over 45 hours per person of training since March. We are following the curriculum from Maine Fire Training and Education for the designation of Firefighter 1. The training so far has been 8 hours of wildfire training; 28 hours of training with Chief Chris Farley of the Town of Mount Desert; 4 hours with Bangor Hydro; 30 hours of in house equipment operation and 3 hours with Life Flight. An 8 hour AED and CPR training session is scheduled for July. EMS training is planned for December. Two public fire prevention training sessions are planned for July and August.

911 Ordinance: The radios are ready to go. We need a memorandum of Understanding signed in order to utilize dispatch capabilities. The radios are VHF with all state & county fire and emergency channels programmed in. The District Representatives of Hancock County Fire Fighters Association are meeting July 6 to accept Great Cranberry and Islesford organizations into the Association.

Fire Department Ordinance: Maine state legislature requires that a municipal fire department must be "...established under Municipal Charter, Ordinance or Bylaw..." It is our belief that the 2004 Warrant #23 does not meet this requirement and we, therefore, need an ordinance passed [which] authorizes the town to establish a municipal fire department. [Note: In response to this request, Chairman Beal indicated that he had prepared an ordinance which is modeled after the City of Ellsworth fire ordinance and that additional language had been inserted concerning the establishment of a fire department while also detailing a fire protection code which the Town of Cranberry Isles would in the future follow. This ordinance has been accepted by the Board of Selectmen for inclusion on the Warrant-A, 2004 for presentation to the voters at a Special Town Meeting on 9 August 2004. In response to a question from Selectmen Stainton indicating that he didn't know just yet what all of the particularly were concerning the Fire Protection Code to be accepted, Chairman Beal suggested that our Town accept the lessons learned by the City of Ellsworth and the language of their ordinance and then permit the Town's volunteer fire associations to review this ordinance in greater detail and offer any changes desired for voter consideration at the annual town meeting in March 2005. Thus we will have established the Municipal Fire Department and accepted a Code which can then be modified base on our specific needs and requirements. Selectmen Stainton and Blank concurred with this rationale.]

Fire Fighters Assistance Act Grant: This grant is for $170,000 and available through the Homeland Security Act. As with all federal grants, a DUNS (Dunn & Bradstreet) number is required. We [Islesford Volunteer Fire Association] have invested over 80 hours in securing this grant. It is being held up because we do not have a DUNS number. This grant requires a 10% in kind contribution which we plan to raise through private donations.

[Note: Chairman Beal advised that he would pursue an application with Dunn and Bradstreet for a DUNS number, and then complete the required information package on the Town and its financial status. Following the selectmen's meeting Chairman Beal completed the required documentation and received the following DUNS Number: 15-223-2380.]

Emergency Access: Two areas need to be addressed regarding Emergency Access to Islesford and the shore. The concrete ramp needs to be extended to the low water mark to allow the pumper [fire] truck access to water. Twice last year we have an incident where we had a medical emergency and were unable to evacuate a person for 2 hours because the Coast Guard vessel could not reach the dock due to low tide. This situation needs to be addressed and would involved either extending the dock or dredging.

[Note: On motion of the Chairman, with second by Selectman Stainton, Kleinschmidt Associates of Pittsfield, Maine is to be contacted for development of an estimate to extend the Little Cranberry Island public ramp by approximately 80 feet, as well as an extension of the municipal wharf by 40 feet or such length to permit sufficient depth for landings are very low tides. This marine engineering examination is to be performed in conjunction with a marine examination of the Sutton Island public wharf so that the voters may be presented with a plan and information on all three projects at the Annual Town Meeting in March 2005.]

Insurance Coverage: Bradford Preston, Regional Director of the Volunteer Fire Insurance Service (VFIS) of East Greenwich, Rhode Island has advised that the Worker's Compensation coverage is not enough and that it needs to be supplemented with Accident & Sickness coverage as well. Workers' Compensation does not cover meetings, maintenance and certain types of training. Since several of our firefighters don't have regular medical insurance, we need to make sure if they get hurt we can compensate them fairly. Mr. Preston states that this coverage is between $1 - $2K annually.

[Note: On motion of Selectman Beal, with second by Selectman Stainton, the Town Clerk is to obtain a quote from the Town's insurance coverage for this additional supplemental insurance. It is the intention of the Board of Selectmen to obtain this additional coverage.]

Community Development Block Grant: Several issues need to be resolved before we actually secure this $17,000 grant. The Community Development Block Grant (CDBG) Urgent Need Project Administration Agreement needs to be signed by the BOS. The $400 in kind requirement has been met through volunteer time. A public hearing needs to be held 10 days prior to the August 9th town meeting to give members of the community a chance to comment. Part of the CDBG grant is a copy of the public notice, minutes attested to by the Town Clerk along with an attendance list. We also need a Warrant for the August 9th town meeting to approve the grant.

[Note: Selectman Beal indicated that he had already prepared an Article for the Town Meeting which appears as Number 8 on "Warrant-A" which was then read to the audience and approved by the Selectmen during consideration of the entire "Warrant-A". Chairman Beal also asked Dan Lief (Fire Association Representative) and Hugh Smallwood, MFC Chairman, to organize, post notice and conduct the public hearing, in conjunction with Fire Chief Courtney Chaplin, stressing that notes or minutes needed to be taken.]

Islesford Fire Association Expenses: Chief Courtney Chaplin reported that a total of $10,499.00 had been spent on various fire fighting apparatus or clothing items and he provided a breakdown of same for the record.

Selectman Stainton noted for the record that he was very pleased to read the monthly report from Chief Chaplin; a report which the Board of Selectmen had requested of each Fire Protection Zone 1 & 2 Chiefs in the BOS letter dated 4 May 2004, asking that a report beginning in June and offered every two months would be most appreciated. Chairman Beal stated that he had provide a copy of the proposed Fire Department Ordinance to Chief Norman Sanborn Monday evening, 5 July, and again spoke to Chief Sanborn Tuesday, 6 July, reminding him that the Board of Selectmen needed to have data on the Fire Association building on Great Cranberry to permit development of a lease to the Town, payment of bills for utility services, installation of a telephone, and maintenance to the structure and trucks.

b. Comprehensive Planning Committee: Dan Lief asked for $300 to support having a representative from Hancock County Planning Commission visit the Town and assist in development of the initial structure of the planning effort. On motion of Selectman Beal, with concurrence by the Board, $300 was authorized for use by the Planning Committee with the funds to come from monies appropriated by the Town pursuant to Article 38 of the 2004 Warrant.

c. Lack of Law Enforcement within the Town: An oral petition from the Clyde and Joan Shorey, Robin Richman, Jan Moss and Jim Gertmenian was offered asking the Selectmen for assistance in getting law enforcement to the islands. A detailed explanation for this request was provided, citing several individuals and problems which had caused this petition to be made before the Board. Eve Harrison of Islesford added that law enforcement was also required on Little Cranberry Island. Phil Whitney offered that the solution required properly trained police officers who actually live on both islands. Chairman Beal detailed the facts learned from his meeting with the Hancock County Sheriff two weeks earlier and stressed that this was not a monetary issue but one of finding a warm body with the correct training as required by both the State and the Hancock County District Attorney. Chairman Beal made a motion to appropriate a sum of $10,000 from contingency for the appointment of a police officer on both Great and Little Cranberry Islands, or enter into a contract with the Hancock County Sheriff Department for a summer officer if such an officer could be identified; with a recommendation from a citizen's committee on potential nominees; the committee reporting back to the BOS in three days (July 10th), including insurance (medical & liability), uniforms and vehicle support. Seconded by Selectman David Stainton.

d. Letter from Val Storms of Little Cranberry Isles re: Town owned right of way which requires road repair and runs northward from Northwood Road to the shore.

e. Phil Whitney: Mr. Whitney asked several questions of which (1) Lease on the Great Cranberry Fire Association Building; (2)joining Southwest Harbor Chamber of Commerce $110.00 (Bruce Carlson) were but two. Chairman Beal discuss the fire building lease and the need for data/deed information, and that he would pursue the Chamber of Commerce issue noting that the Town had also appropriated $500 for Southwest Harbor's 100th Birthday Party in 2005.

f. Town Dock at Sutton Island: Motion by Selectman Beal, with second by Selectman Stainton, to have a engineering survey conduct for repair of the Sutton public wharf.

7. ROAD WORK FOR 2004: REVIEW AND DISCUSSION
Chairman Beal read a letter from Val Storms concerning a Town right-of-way on Little Cranberry which requires maintenance (See 6.d above). Selectman Blank indicated that the Merrill Road on Little Cranberry Island was a town road which also needed a lot of work and what could be done about it? Chairman Beal then motioned that:

(1) Selectman Blank determine what was required to make the Town right-of-way, discussed in the Val Storms letter, passable and take action to have the maintenance performed,

(2) Selectman Beal hired an road/transportation engineer to review each of the roads on Great and Little Cranberry Island and prepare a report for consideration of the Board of Selectmen and that this report would be the basis for future road maintenance work, and

(3) Selectman Beal write a Street/Road Ordinance which would spell out the specifications for roads within the Cranberry Isles addressing acceptance of private roads by the voters for public maintenance, repair of roads to a set specification, and construction of roads to specified specifications. This ordinance to be prepared and forwarded to members of the voting public for review and then formal presentation as a Warrant article at the March 2005 Town Meeting.

The Board of Selectmen concurred in this motion.

8. ADJOURNMENT at:1:20 PM, next meeting Tuesday, 3 August 2004 at Little Cranberry Island

9. The Board of Selectmen went into Executive Session at: 1:23 PM for a presentation by the Municipal Facilities Commission concerning an offer of purchase for Southwest Harbor property, with this meeting ending at 2:00 PM



BOARD OF SELECTMEN'S MEETING

Town of Cranberry Isles, Maine

9 August 2004

Attendees: Selectmen Beal and Stainton, Clerk Frances Bartlett, Members of the Audience: Carl Brooks, Barbara Stainton, Couartney Chaplin, Hugh Smallwood, Dan Lief, Barbara Bryant, David Thomas, Betty Sprague, Helen Merrill, Louise Strandberg and Jessie Minor

Time: 3:42 PM

AGENDA:

1. Review of Minutes of the 6 July 2004 BOS Meeting: Minutes accepted as written on motion of David Stainton.

2. Town Treasurer's Financial Warrants:

ItemAmountWarrant #
a. Acadia Health Care$350.0029
b. School Payroll$9,751.5030
c. General Bills$25,246.3431
d. General Bills$21,926.7732
e. Administration bills$62,160.3833

3. Consideration and approval for a State Planning Office, Agreement for Purchase of Services re: Comprehensive Plan
Dan Lief spoke of the agreement for Purchase of Services and recommended approval of the contract. Carl Brooks discussed Article 9 of the State Constitution concerning funding of mandates. The Selectmen signed the Agreement for Purchase of Services. One of the originals will be returned by the State and will be on file in the office of the Town Clerk.

4. Action(s) pending from Special Town Meeting, 9 August

a. Hinckley Real Estate (action on month to month): The board accepted the request for a month to month lease continuation.

5. Public Communications

a. Courtney: 1972 fire truck donated to Town, needs an acceptance inspection, and $500 will be required to do the inspection. 2000 feet of 2 1/2 hose donated by Bucksport.

b. Town office: Hearing within the next 30 days for discussion of a town office. This hearing will be conducted by the Municipal Facilities Commission with a report back to the Board of Selectmen.

6. Adjournment at 4:30 PM, next meeting proposed for 7 September 2004, Great Cranberry Island Community Center.




BOARD OF SELECTMEN'S MEETING

Town of Cranberry Isles, Maine

7 September 2004

Attendees: Board of Selectmen Richard Beal, David Stainton and Oliver Blank, Jr. and Town Clerk Frances Bartlett; Members of the public present were: Dan & Cynthia Lief, Karin & Phil Whitney, Carl Brooks, Barbara Fernald, Bruce Komusin, Jack Merrill, Kathleen Taylor, Robin Richman, Michael Phillips, Edward Gray, Malcolm Donald, Eve Harrison

Time: 8:48 AM

AGENDA:

1. Review Minutes of the 9 August 2004 BOS Meeting: Meeting was called to order at 8:48 AM with a notation that Selectman David Stainton was absent. Mr. Stainton arrived at 09:04 AM and after reading the minutes concurred in approval with Selectman Blank.

2. Town Treasurer's Financial Warrants:

ItemAmountWarrant #
a. Bills$974.0037
b. Bills$18,400.0036
c. Bills$11,126.3934
d. Bills$6,316.8735

3. First call for, and consideration of, Warrant 2005 Articles:

a. Moderator rules (Barbara Fernald spoke of the rules with a strong recommendation for their use.)

b. Open debate to all non voters (requires a 2/3 vote)

c. Addressing ordinance: Carl Brooks stated from the floor that he believes the ordinance passed on 9 August 2004 to be flawed for Great Cranberry but acceptable for Little Cranberry. The Chairman suggested that Mr. Brooks produce a draft of any proposed changes and provide it to the BOS for discussion at the October meeting, with a decision then as to its addition to the warrant for March 2005.

d. Draft School financing articles

e. Election of a Selectman and member of the School Committee

f. Interest on nonpayment of 2005 taxes

g. Election of a Town Clerk, Town Treasurer, and Collector of Taxes

3a. The Chairman called a recess at 09:05 AM for 10 minutes to permit John Linnahan, a business man in Ellsworth and candidate for the State Senate in November, to introduce himself to the audience with a short discussion of why he is seeking election as one of Maine's 35 senators. Mr. Linnahan was visiting both Great and Little Cranberry Islands as part of his campaign.

4. Veterans of Foreign Wars Request: The Chairman read a letter from Mr. Robert J. Gardner, Field Representative of the VFW Washington, DC. This letter addressed a concern presented to them by Mr. Larry Allen, formerly of Great Cranberry Island that his name and that of his father, Donald L. Allen, were not included on a memorial plaque mounted on a rock by the Congregational Church, Great Cranberry Island. The Chairman indicated that this memorial plaque was commissioned by the church and was on private land. The Town did not have any part to play in the development of this memorial other than the Chairman was asked two years ago as he was passing by to hold the rock while soil was shoveled around it during the construction phase. The BOS concurred that this was a private matter between Mr. Allen and the Congregational Church, with Carl Brooks (from the audience) noting that there were a number of names which could be added should a new memorial plaque be made.

5. Appointment of Street Adressing Committees:

a. Little Cranberry Island   b. Great Cranberry Island

Florence Sprague No decisions pending development of a committee.

Barbara Fernald Carl Brooks and Chris White have volunteered for Great Cranberry.

Frances J. Bartlett

Steve Philbrook

Courtney Chaplin

The BOS agreed that the committee membership proposed for Little Cranberry Island be accepted as proposed.

Chris White suggested that three islands should come under the E-911 aegis (Great and Little Cranberry, and Sutton). He stated that he didn't believe there could be two Main Streets for the town even though there are multiple islands. He further believes that the committees need to look at property that has been put into conservation easements and whether or not the numbering scheme is applicable for those properties. Carl Brooks suggested that we have five zones based on the Fire Department vote at the March 2004 meeting and that you could have two Main Street.

6. Ltr Contract w/ Hancock County Planning Commission re: Comprehensive Planning

a. Chairman Beal discussed the proposed contract and its contents. Dan Lief, who was also asked to review the contract as coordinator of the Comprehensive Planning Group, spoke of his review and that this proposed contract meshed with the needs and requirements of our local Comprehensive Planning Board. Dan provided his confidence in the ability of the HCPC to assist the Cranberry Isles in development of a Comprehensive Plan. This "Agreement for Planning Services" is funded through a 3 for 1 grant of $17,307 from the State of Maine Planning Office with a match of $5,711 from the Town of Cranberry Isles; with this match having been approved at Town Meeting on 15 March 2004 as Article 30 of the Warrant. The work product from the Hancock County Planning Commission pursuant to this Agreement consists of:

Task 1: Citizen Participation (HCPC will assist with)

(a) A public opinion survey

(b) The first public informational meeting (survey results and discussion on key issued raised by the survey)

(c) A second informational meeting (highlights of inventory and analysis work)

(d) A third public meeting to hear comments on the Comprehensive Plan before it is finalized)

(e) A public hearing, required by law, to explain to voters what will be presented for town meeting vote once the final Comprehensive Plan is developed and approve by the State. No changes are possible after the public hearing unless another public hearing is held.

Task 2: Preparation of Inventory and Analysis (HCPC will help produce:)

(a) Population: historic and current population trends and future population projections

(b) Economy: trends in the economies of Cranberry Isles and Hancock County

(c) Housing: Town's housing stock and discuss critical housing issues facing the Cranberry Isles

(d) Transportation and Roads: Inventory of Cranberry Isles transportation and road system including marine transportation

(e) Public Facilities and Services: Inventory of all public facilities and services with assessment of each

(f) Recreation: Brief summary of existing recreational services and facilities

(g) Marine Resources: discusses marine water quality, fisheries/worms/shellfish resources, water dependent uses, marine licenses and harbor facilities. Adequacy of piers and other public access points is included.

(h) Water Resources: Describes all major ground and fresh surface water resources on the Cranberry Isles.

(i) Critical Natural Resources: Describes all major natural resources within the Town.

(j) Agriculture and Forest Resources: Brief summary of agricultural and forest resources in Town, with issues on woodlot management and forest fire danger.

(k) Historic and Archaeological Preservation: summarizes the islands' history and the status of their current historic and archaeological resources.

(l) Existing Land Use: Discusses changes that have occurred in the past 10 to 20 years in land use patterns, identifying land use challenges in the future.

(m) Fiscal Capacity: Summarizes the fiscal history of the Cranberry Isles. (Note: the Town is presenting updating its accounting system.)

(n) Inventory and Analysis summary: Summaries the individual chapters of the foregoing topics and identifies the major issues the Town faces.

Task 3: Policies, Goals & Capital Investment Plan

This task will propose policies that, when taken together, represent a coordinated approach to address all local problems and needs raised and identified by the Inventory and Analysis. These policies will specify what approaches Cranberry Isles will take to address the ten State goals for comprehensive planning and the nine coastal policies.

Task 4: Future Land Use Plan

This plan will contain the comprehensive planning committee's recommendations for the future development of Cranberry Isles.

Task 5: Implementation Strategies

Presents strategies that, when taken together, represent a coordinated approach to carrying out all of the plan's stated policies. The strategies will include those articulated in the State Planning Office's Review Criteria Rule in addition to the strategies focused on local concerns.

Target Completion Date: July 2005. As you can well appreciate from the various paragraphs above, development of a Comprehensive Plan for the Cranberry Isles, or any Town, is complex and challenging. Please find a way to participate in the plan development if possible. Talk with Dan Lief or a member of the committee to see how you can contribute. The more involved each of us becomes, the better the plan.

b. Dan Lief reported that formation of a Planning Committee, whose membership can be recognized and appointed by the BOS, has not been accomplished yet. Dan suggested that this committee would be ready for presentation to the BOS during September or at the October BOS meeting. The Town will also have a new Island Institute Fellow coming in September, who will live on Great Cranberry and work on behalf of the Town for two years. His name is Cyrus Moulton and one of his tasks will be to assist the Comprehensive Planning Committee in its work.

c. On motion of David Stainton, with second by Selectman Beal, the "Agreement for Planning Services" was accepted, with Chairman Beal authorized to execute the Agreement on behalf of the Town. A copy of this Agreement is on file in the office of the Town Clerk.

7. Report of the Municipal Facilities Commission:

MFC is not advertising their meetings publicly according to Phil Whitney, and minutes are not being posted? Mr. Whitney indicated that he was having difficulty in finding postings for various MFC meetings, and in reading minutes for those meetings. The Chairman indicated that he would discuss the topic with the MFC chairman who was on travel but returning later in the week.

Report of the committee was read to the audience and board of selectmen with each item discussed as indicated below:

(1) Maintenance Supervisor: MFC recommends hiring William McGuinness of Little Cranberry as a Town Maintenance Supervisor for $20/hour on a part time basis until January 2005 when he could then be full time. The proposed job description for this position was read to the audience and BOS members. Dan Lief spoke in recommendation of Mr. McGuinness. Motion by Chairman Beal, with second by Selectman Stainton, to hire Mr. McGuiness at $20 per hour with a written contract; noting that the Town does not provide fringe benefits other than FICA and Workers' Compensation insurance.

(2) Solid Waste Management: Discussion on progress of getting the Solid Waste Transfer permits. David Stainton indicated that he has the letter for abutters out and signatures are being obtain for Great Cranberry Island. He needs a release letter from Phil Whitney and Richard Haydock to complete the Great Cranberry application package. Selectmen Beal asked the Town Treasurer to include the application fee of $800 to financial warrant #37 so that this application could be submitted expeditiously. Bruce Fernald of Little Cranberry is holding a meeting on Islesford 7 Sept to also discuss the abutting owner's objections and determine if release letters for the proposed solid waste transfer station site (site used in the past for open containers, next to the Fire House) could be obtained. [Note: Mr. Fernald held his meeting and reported back to the Chairman on the evening of 7 Sept that no property abutters would sign a release letter. Accordingly, the Selectmen will proceed with submission of a Great Cranberry application and continue with the current methodology of solid waste collection on Little Cranberry for the interim, as well as seeking guidance from the Town Attorney and the DEP in Augusta.]

(3) Road Management: The Chairman discussed a proposed road ordinance which is being reviewed by the MFC. This ordinance contains specifications for road development, acceptance from private status, and maintenance. Michael Phillips indicated that the MFC has obtained similar ordinances from two other island communities and will shortly make its recommendations to the BOS. Action is required soon for repair of the "Northwood" Road on Little Cranberry Island (sometimes called the Merrill Road) and Jack Merrill spoke of the road condition, requesting that some form of action be taken soon. S. W. Cole engineering was authorized to visit and make a recommendation on road repairs on recommendation of Selectman Beal, with concurrence by Selectman Stainton. Selectman Beal indicated that he wishes to present the voters in March 2005 with an examination of the roads within the Town and a prioritized list of needed repairs. However, in order to do this and to also spend road repair dollars wisely he had developed a specification package on roads in order to be consistent in evaluating the roads repair requirements. This will be the same document used by S. W. Cole in making their evaluation.

(4) New Muncipal Office: May have to be moved to Great Cranberry as a temporary measure pending final decision on a future location. Many unanswered questions and little time for borrowing money, development of a plan, holding a second Special Town Meeting (impracticable), and building a new office. Selectman Beal opined that for the short term moving to the Great Cranberry Town Office would provide the voters with the opportunity to hear and evaluate recommendations from the Municipal Facilities Commission and to allocate 2005 tax dollars for a permanent office solution.

(5) Great Cranberry Futures Group: requests to use of second floor of the Longfellow School. BOS decided to send all paperwork and the Futures Group's request to the school board and Union 98 Superintendent Rob Liebow. [Note: A letter to this effect was sent later this date to Superintendent Liebow with copy to Mrs Leslie Horvath, Chairwoman of the School Board.

(6) DOT $250,000 Grant: The MFC reported that they have received informal approval for 8 projects which would qualify for the $250,000 grant received last year from the Federal Government as part of the 2004Transportation Bill. The State of Maine Department of Transportation is administering this grant on behalf of the federal government. Of the eight projects the MFC has picked three that they feel are most advantageous based on their informal polling of islanders. These are:

(a) Build a turnout/bus stop on the north side of Shore Road to facilitate the loading and unloading of groceries and baggage.

(b) Lengthen and regrade the ramps on both Cranberry's and Manset to better facilitate vehicle transport.

(c) Make improvements to the Manset pier to add a covered waiting area and dredge the float area.

Chairman Beal suggestioned that use of these funds ($250,000) should be addressed to the voters either at a public hearing or at Town Meeting in March 2005. He stated that at the Special Town Meeting which authorized purchase of the Manset property for a parking facility the voters were told that future improvements would be their option and decision. He further opined that implementation of a project using these funds should have some formalized voter approval even though time is short and only 2 1/2 years are available to complete any project in compliance with the law for use of these funds. Dan Lief also suggested boat transportation as a possible use of these funds; however, Malcolm Donald said that this was discussed but would not meet the DOT requirements.

(7) Parking Regulations: The MFC reported that there has been a fair amount of controversy over the parking lots. It has ranged from how the spaces were assigned to how to handle violations. It is the plan of the MFC to prepare a Parking Regulations/Guidelines document for publication before the end of December. This document will explain how spaces are allocated, what options there are for renters and short term visitors, what are considered violations, and what the remedy for violations is. This documents will serve as a tool for information and enforcement. From the audience was a comment that the Town needs to provide a full discussion of all the parking opportunities in all locations (Manset, Northeast Harbor and also the Joy Street Lot). Chairman Beal indicated that this guideline should also be published in the Town Report 2004 for full distribution to all property owners, particularly since most summer people have already returned to their permanent residences.

8. Audience Communications:

a. Sally & Dan Wigutow, Sutton Island re: Float during winter months. The Selectmen received a request from the Wigutow family asking that the municipal float be left in place on Sutton Island throughout the winter. Their request asked that:

(1) Leave current float in place during winter, or
(2) Permission to install a winter construction float

Following discussion of wind, wave, and previous winter conditions in the Sutton Island cove where the municipal wharf is located, Selectman David Stainton motioned to leave the float at Sutton Island in place throuhout the winter with a lease agreement with the Wigutow family to share any repair costs due to winter damage and an indemnification from any accidents by their construction crew due to ice or other hazardous conditions. Also BOS Chairman indicated that the newly hired MFC Maintenance Supervisor must check regularly for safety and stability for public use since more than one family, such as Michael Phillips or others, would be using this wharf well into the December or January months.

b. Town Restroom on Little Cranberry: Dan Lief provided recommendations to the MFC and Selectmen for use of the restroom facility in the winter months. Recommendations need to be followed through on if bathrooms to remain open after November 15th. MFC recommendation as to a closing date is required, as well as opening again on 15 March 2005. Bathroom needs cleaning every two weeks throughout. The Selectmen indicated that they thought that this facility should close about 15 November and be thoroughly drained and reopened in March or April. The MFC recommendation is pending.

c. Snow Plowing Invoices: Town Treasurer asked for concurrence to pay the April and May bills for the Great Cranberry Island snow plowing contract. Selectman Stainton recommended paying $1183 for each month which is pursuant to the snow plowing contract. Chairman Beal advised that this contract requires withholding of the April and May payments pending approval by the Selectmen of the entire winter snow plowing activities. A motion by Selectman Stainton to pay the invoices due was approved.

d. Lease for Great Cranberry General Store: a draft lease has been prepared by Chairman Beal was provided to the new prospective owner, the Town Attorney, the MFC, and to the Board of Selectmen. A potential sale exists for the General Store and Chairman Beal reported that there had not been a lease and associated indemnification on this property since one was signed by Sonja Colby in 1995. Sale of the General Store automatically terminates lease of the land footprint on which the store exists and a new lease should have been executed with the current owner. This proposed lease corrects that deficiency.

e. Cranberry House: The BOS received a report by Bruce Komusin, Treasurer, Great Cranberry Historical Society on their progress in purchasing and developing "Cranberry House". Cranberry House will be the future home of the Great Cranberry historical society/museum, as well as serving as a cultural center. It is an ambitious project which was recently discussed in a half page story, 1 September 2004, in the Bangor Daily News. The Society has recently purchased the former Mountain View Inn, located on Eva Galyean's property and will be moving it to its new location about 1/8 mile further towards the Congregational Church. Selectman Beal thanked Mr. Komusin for his status report and reminded him that in moving the Mountain View Inn, both electrical and telephone service might be interrupted for both Great and Little Cranberry Island; with a request that each island be kept informed to any possible loss of utility services.

f. Joining the Southwest Harbor Chamber of Commerce: Phil Whitney recommended to the BOS that the Town join the Southwest Harbor Chamber of Commerce. The Chairman indicated that he had received a letter from the chamber and concurred that this would be beneficial for the Cranberry Isles and would be pursuing it.

9. Adjournment was at 12:45PM, with the next BOS Meeting to be on October 5th at the Islesford Neighborhood House, Little Cranberry Island.


BOARD OF SELECTMEN'S MEETING

Town of Cranberry Isles, Maine

5 October 2004

MINUTES

Attendees: Selectmen Richard Beal, David Stainton and Orville Blank, Jr., plus Town Clerk/Treasurer Frances J. Bartlett and Deputy Clerk/Treasurer Denise McCormack. Members of the public present were: Dan Lief, Hugh Smallwood, Jay & Lynne Bisgyer, Malcolm Donald, Karin & Phil Whitney, Roy Hadlock and Steve Palmer

Meeting opened at: 8:39 AM

AGENDA:

1. Review minutes of the 7 September 2004 BOS Meeting:
Copies of the minutes were provided by the Chairman, read and on motion of Selectman Stainton, approved. Phil Whitney inquired why the new Deputy Clerk was not taking minutes as had been advertised as part of her duties. The Chairman explained that she had been on staff only the last three weeks and had spent all of her time learning the new financial bookkeeping software, TRIO, along with the Treasurer, the Town's CPA consultant and representatives from the TRIO company. She was asked by the Chairman to concentrate her attention on this significant change in town administration for the next few weeks, and work into her other responsibilities in the coming months. For the interim, the Chairman will continue to record the minutes.

2. Town Treasurer's Financial Warrants:

2A: Subject of warrant / Amount / Warrant #

a. Bar Harbor Bank / $1,301.80 / 38
Warrant #38 was originally signed via FAX version to meet a time limit on a monthly payment for our $750,000 loan to the bank. The monthly payment is both a loan extension and payment, called an a "Allonge" and is customary when such a payment has been authorized outside of a public meeting, an original warrant is then discussed and signed in verification of the FAX version.

b. Schools / $52,562.19 / 39

c. Bills / $828,480.71 / 40
Warrant #40 contained a payment of $572,000 to the Bar Harbor Banking & Trust Company against the Town's loan of $750,000 which had been initiated last year in order to purchase the former Jarvis Newman home in Manset. This purchase was authorized at a Special Town Meeting on 4 April 2003. Our new loan for the retirement of this purchase loan and subsequent sale of the Newman house is $146,514.61 as discussed below.

d. Bills / $1,311.64 / 41

e. Bills (cleaning) / $2,445.87 / 42

2B: Documentation for two loans at Bar Harbor Bank & Trust were signed: First for $146,514.61 which represents the net proceeds of the sale of the former Jarvis Newman (Brown) house being applied to the originally authorized $750,000 loan; and second, a loan of $190,000 for repairs to the Great Cranberry wharf in 2003 which was not exercised in 2003 and therefore had to be re initiated in 2004. On motion of Selectman David Stainton loan documentation for Bar Harbor Banking & Trust Company, as prepared by the Town's Bond Attorney [Michael Trainor, Esquire at Eaton-Peabody law offices in Bangor] for initiation of these two loans were approved. This represents an indebtedness for the town as follows (approx):

Manset purchase $2,400,000 as of 31 Dec 2003
Islesford Dock $122,592 as of 31 Dec 2003
Great Cran Dock $190,000 as of 5 Oct 2004
Manset House $146,514 as of 5 Oct 2004

3. Second call for, and consideration of, Warrant 2005 Articles:

a. Repairs to Sutton Island municipal wharf: The Chairman reported that he had been to Sutton Island on 20 September 2004 in the company of Steve Ruell of Kleinschmidt Associates, Inc.; a marine engineering company in Pittsfield, Maine. Kleinschmidt's assisted the Town in examination of both the Islesford and Great Cranberry municipal wharfs, assisted in preparation of an engineering report for recommended repairs, and once authorized by the voters, assisted in preparation of a bid package for those repairs. They have been asked to assist in a similar undertaking for the Sutton Island municipal wharf for presentation to the voters at the March 2005 Town Meeting.

b. Dredging of Sutton Island municipal wharf channel: On recommendation of boat captains from the ferry boat operators [Pagel and Beal & Bunker], plus concurrence from Selectmen and David Bunker of Beal & Bunker, the Chairman has engaged Kleinschmidt Associates to assist in evaluating potential dredging of the Sutton Island channel to remove several large rocks/boulders that have been moved by wave action into the channel, along with a large quantity of small stone. The Department of Environmental Protection has agreed with a request from the Chairman to visit Sutton Island in late October to review the proposed dredging area, examine the dredge spoil and where it will be dumped, and advise if this project is feasible under current rules. If DEP permission seems likely, then additional documentation can be prepared for the Department of Marine Resources (DMR) and the Army Corps of Engineers, as was done for repairs to the two municipal wharfs. All of this paperwork is in preparation for presentation of a proposal to the voters at the March 2005 Town Meeting, rather than making a suggestion and then doing the paperwork later which will only increase the delays and potentially extend the work if authorized into the 2005 summer boating season.

c. Lynne and Jay Bisgyer asked for consideration of a funding article for mosquito eradication at Islesford. There presentation was made as part of the "Audience Communications" section of the meeting and is discussed below, however, the Board of Selectmen agreed to again prepare a budget for the 2005 Town Meeting which contained a funding article for mosquito eradication efforts. The amount to be addressed in the 2005 budget was not determined at this meeting.

4. Report of the Municipal Facilities Commission and any actions required:
Note: [ name ] represents the MFC point of contact

a. Solid Waste Management [Bruce Fernald]
"Most of the MFC meeting, held on Saturday 2 October 2004, was spent discussing solid waste and all the problems we are facing. The Commission agreed to the following recommendations to the Board of Selectmen:

1. Proceed with the [DEP] permit for Great Cranberry's transfer station securing any necessary property abutters signatures and get that facility up and running as soon as possible.

2. Once the GCI center is operational it can be evaluated for noise, smell and overall operation, hopefully putting Islesford property abutter's minds at ease.

Meanwhile, Islesford residents will evaluate other methods of collection and look closer at recycling incentives.

3. Consult with town attorney about current contract and re-negotiations to include recycling incentives and alternate means of collection."

Selectman David Stainton said that he was still trying to get the remaining abutter letters signed; one from Richard Haydock in Long Island, New York, a second from Renn and Michael Richman (Washington, DC), and the third from Phil Whitney of Great Cranberry. David Stainton said he would bring the abutter letter to Phil Whitney this afternoon (5 OCT). Mr. Whitney had concern for some old vehicles at the Town gravel pit and was told by Selectman Stainton that Blair Colby had been authorized to remove them for disposal on the mainland. Mr. Colby had been told to contact Mr. Whitney directly for specific location or concerns, however, Mr. Whitney indicated to the Chairman that he would prefer have receipt of an authorizing letter from the Town to Mr. Colby prior to telling him directly what to do. The Chairman will prepare such a letter.

b. Road Management [Frank Reece]
Frank Reece has been suffering from a medical condition which has prevented recent work on this project. He made contact with various state and local municipalities and sample ordinances have been obtained. The Chairman reported that he had prepared a document which could eventually be treated as an ordinance, but for the interim was to provide some type of definition on the term "Road". The Town voters authorized road maintenance funds in the amount of $243,000 covering the period 2000 through 2004, and yet we have no documentation on what is a road, it construction specification, its maintenance specifications, nor any basis for evaluating repair actions or preparation of maintenance contracts with various vendors. Accordingly, the Chairman researched and wrote a 15 page definition which has been reviewed by S. W. Cole Engineering, Inc.; and which served as the basis for an examination of all of the Town's roads on 4 October 2004 by an transportation/construction engineer from S. W. Cole Engineering, Mr. Kevin Hanscom. This firm has been hired, pursuant to approval of the BOS in September 2004, to examine and prepare a series of recommendations on road maintenance which can be presented to the voters, along with a prioritize budget, at the 2005 Town Meeting.

c. New Municipal Office [Hugh Smallwood]
"A public meeting is scheduled for October 8, Friday, at 1 PM at the Islesford Neighborhood House. Mr. Smallwood has asked Caroline Prior to facilitate the meeting. Its purpose will be to solve issues associated with the creation of a new town office. From this meeting, we can establish plans/costs for alternative buildings/locations and office functionality. These hopefully, according to Mr. Smallwood, would be completed within 90 days." Chairman Beal suggested that the town might have to use the Great Cranberry office in view of the time constraints since 90 days hence will be approximately 8 January, and Town Meeting is in March. This would appear to present a rather tight schedule if funds were to be borrowed, construction contracts issued and work completed by mid-March 2005. Following the public meeting on 8 October the Selectmen will pursue recommendations from the MFC Chairman. Office hours were discussed at the new office, as well as the potential location of this municipal office in Manset at the Town's transportation facility. Phil Whitney suggested that a large number of people go to Southwest, contrary to a comment elsewhere in the audience and possible use of the Manset property for location of the new town office should be considered. An off island location during the October to May months might be of considerable inconvenience to island residents.

d. MFC Maintenance Supervisor [Hugh Smallwood]
"Bill McGuiness has reviewed the employment contract and will sign the revised contract as soon as he gets a copy." This contract was openly reviewed by the Chairman to the audience and he stated that the revision, which concerned the medical section, had been made. This change was to explicitly state that no medical benefits are paid by the Town. It was motioned by Selectman Stainton to hire Mr. McGuiness with the proposed contract which had also been reviewed by the MFC Chairman and the Town Attorney. Selectman Stainton inquired as to the chain of command for this employee. Who did he report to for day to day supervision? Mr. Smallwood indicated that he worked for the MFC and reported to Smallwood, then to the Selectmen ultimately. Chairman Beal was authorized to sign the agreement.

e. DOT Grant [Michael Phillips/Hugh Smallwood]
"We [the MFC] are currently look for an engineering firm to give us a defined "Scope of Work" for improving the ramps on Islesford, Cranberry and Manset. Once we get this defined and some costs associated, we'll submit the plan to DOT through Tracy Perez (DOT representative). We will include lighting for the parking lot if it is within the budget."

Phil Whitney suggested that lighting for the dock and floats be included in the overall lighting program for the Manset parking facility. Selectman Stainton inquired as to the possibility of a turnout at the dock for automobiles and MFC Chairman Smallwood indicated that the issue was not dead but that there were several problems associated with this idea and issuance of a permit by the Southwest Harbor Planning Board was not looking good. He intended to keep working the issue.

f. Comprehensive Plan [Lise Pratt/Dan Lief]
"The consultant, Tom Martin, [Hancock County Planning Commission in Ellsworth, Maine] will attend a general meeting this week on October 6th at 3:15 PM at Dan Lief's house on Islesford. Dan will provide transportation. The purpose of this meeting will be to introduce the process and discuss the survey going out to the residents." Dan then provided the Board of Selectmen with a recommended membership slate for the Comprehensive Planning Committee. Committee nominations are:

Edward Horvath, Great Cranberry; Erica Merrill, Islesford; Cynthia Thomas, Islesford; Barbara Stainton, Great Cranberry; Steve Philbrook, Islesford; Phil Whitney, Great Cranberry; Lise Pratt, Islesford

On motion of Chairman Beal the above slate of seven members of the community as members of the Comprehensive Planning Committee was accepted. Dan Lief also suggested that the Board of Selectmen consider purchase of various administrative office equipments, such as document production machines, speaker phones, which would facilitate town business, as well as the work of various town committees. Mr. Lief gave an example of the effort involved in just getting documents copied on Islesford and then FAXed to a recipient. The Selectmen agreed and will work this suggestion into the overall planning for the new Town Office.

g. Manset Maintenance [Eve Harrison]
"Atlantic Landscape Construction completed replacement of the trees and shrubs that did not survive last winter and the additional buffering planting. Eve Harrison oversaw the work and approved the invoice for $3,728.45 which has been submitted to the Town Clerk."

"CES, Inc. issued the town a credit invoice for $8,673.75 and applied it to our outstanding balance, leaving a credit balance with CES of $2,696.75." The Chairman pointed out to the Town Treasurer that this credit should be accounted for by project as the new financial system was fleshed out. The MFC Chairman concurred.

h. Parking Regs / Guidelines for 2005 [Malcolm Donald]
"Malcolm Donald [Great Cranberry Island] is finalizing a draft for the Commission's review and comment. We hope to have these ready for the BOS to review by next month."

5. Lease for Great Cranberry Futures Group re: Gasoline Station
Chairman Beal explained the reasoning behind writing this lease, its review by the Town Attorney, and the need to have release from liability issues associated with operation of a public gasoline operation on Town land. No lease was consider when this operation was relocated from the area next the municipal wharf on Great Cranberry to the Town gravel pit more than 12 years ago. Accordingly, operation by the Great Cranberry Futures Group has been left to their considered best judgement and they have done a good job; nevertheless, the BOS concurred with the town attorney that a lease was appropriate and the Chairman prepared one which confirmed current operation, including safety and environmental provisions, but also limited town exposure on liability issued for accidents or environmental spills. On motion of Selectman Stainton, with second by Selectman Blank the proposed lease was approval with Chairman Beal authorized to execute the lease. This proposed lease is still being reviewed by the members of the executive board of the Great Cranberry Futures Group. This lease is for ten years, a copy of which will be on file with the Town Clerk.

6. Lease for Cranberry General Store land:
The Chairman reported that the Cranberry General Store was up for sale, and up until last week this sale was presumed to be heading for finalization. In preparation for the sale the Chairman began to prepare a new lease for the land on which the store rests and found that there has not been a lease since 1995. The Chairman prepared a new lease, which reflects many of the provisions developed on the past 20 years, but on advice of the Town Attorney now includes liability and environmental provisions. This lease is for five years, renewable for a second five years, a copy of which is on file with the Town Clerk. The MFC Chairman had also review the lease language and concurred with approval. Selectman Stainton recused himself, being married to the current store owner. On motion of the Chairman, with concurrence from Selectman Blank, the lease was approved.

7. IFB re: "Care of Floats & Ramps" with Specifications; extension of current contract until March 2005.
Chairman Beal indicated that with concurrence from the BOS he had offered a six month contract extension to Roy Hadlock for his "Care of Floats and Ramps" contract which Mr. Hadlock accepted. A new specification package and Invitation for Bid package has been prepared and reviewed by both the MFC and Town Attorney. On suggestion of Hugh Smallwood, a hold harmless clause will be developed for this contract rather than asking the bidder to obtain $2,000,000 in liability insurance. Specification are available to all interested parties by writing to either the Town Clerk or the BOS Chairman.

8. Audience communications:

a. Jay & Lynne Bisgyer: Wished to ask two questions of the board:

(1) What is the status on upgrade of the fire department at Islesford? Hugh Smallwood provided a status report and said that insurance level 9 would probably be achieved in the Spring, and possibly sooner. Significant progress had been achieved this summer under the leadership of Chief Courtney Chaplin, and that the fire association was waiting for various inspections to confirm their achievement of this significant improvement in island fire fighting capability, and

(2) Mosquito control should be addressed again due to the severe infestation experienced this past summer on Islesford. What did the BOS intend to do to address this problem? Mr. Bisgyer spoke about various control measures including BT (bacillus therangansus) as one means. The Chairman reviewed the various mosquito meetings and discussions held by the Mosquito Commission in 2002 and 2003, which resulted in consideration of a funding line item in the 2004 Budget. This topic was discussed in considerable detail during the 15 March 2004 Town Meeting, but eventually the funding line item of $12,000 was denied by the voters. It was the decision of the BOS to include in the 2005 Budget a new funding line item since the experiences of this past summer were severe and the mosquito eradication program needed further consideration by the voters in the opinion of all present. Dan Lief reminded the Bisgyers and those present that this was not just a BOS issue. Everyone needed to get involved, and to be present for Town Meeting in March; if you want something to pass then you must be prepared to speak from the floor and defend your request.

b. Wigatow float lease: The Chairman reported that, based on discussion and agreement of the BOS at the September 2004 BOS meeting, he had prepared a lease for the Sutton Island municipal float whereby the float would remain in the water this winter, but that the Wigatow family would assume liability for its operation and safety and that they would share 50-50% of any experience storm damage. This lease is presently being reviewed by the Wigatows in New York, it has been reviewed by the MFC and the Town Attorney, and by concurrence of the BOS the Chairman was authorized to execute the lease when appropriate. Upon execution, the original will reside with the Town Clerk where it may be inspected by the public.

c. Steve Palmer: Mr. Palmer introduced himself as a recent returnee to the Cranberry Isles from Washington, DC where is had been living. His father, Deputy Sheriff Robert Palmer, who just recently died, was a long term resident of Islesford, filling a number of municipal positions and jobs during his lifetime. Mr. Palmer indicated that he also was interested in the Municipal Facilities Supervisor maintenance position and was told to make sure he met MFC Chairman Smallwood before leaving the Neighborhood House today.

9. Adjournment was at 11:15 AM; next meeting 4 November 2004 (Thursday) at Great Cranberry Island. The normal first Tuesday meeting day is national election day and the Town Clerk and her staff need Wednesday to recover, so a two day delay with a Thursday meeting was approved for November.




TOWN OF CRANBERRY ISLES, MAINE

BOARD OF SELECTMEN'S MEETING

4 Nov 2004

MINUTES

Attendees: Selectmen Beal and Stainton, Town Clerk Frances J. Bartlett, Deputy Clerk Denise McCormick; Audience: Cyrus Moulton, Karin & Phil Whitney, Malcolm Donald, Michael Phillips (Sutton Island)

Meeting opened at: 8:50 AM

AGENDA:

1. Review Minutes of the 5 October 2004 BOS Meeting
On motion of David Stainton the minutes for 5 October 2004 were accepted as written. An original copy is on file in the office of the Town Clerk.

2. Town Treasurer's Financial Warrants
Subject:Warrant #Amount
a. Schools43$18,626.50
b. Bills45$11,193.44
c. Bills44$47,529.70
d. Bills47$17,984.03
e. Loans48$1,177.82
f. Bills46$4,435.22

a. Contract with Independent Contractor re: Roof Repair for Great Cranberry Fire House. Chairman Beal reported that a contract had been executed with Practical Builders of Ellsworth for repairs to the fire house roof. Chief Norman Sanborn will act as "Clerk of the Works" for this contract; the original of the contract is on file with the Town Clerk. He also indicated that he was drafting lease for the Fire House whereby the Town would assume responsibility for the building and equipment pursuant to Article 23A of the 2004 Warrant which was approved by the voters at their 15 March 2004 Town Meeting. This lease will shortly be provided to the Town Attorney for review

b. Real Estate Lease re: Town & Great Cranberry Futures Group. Chairman Beal reported that the proposed land lease for the gasoline station operated by the Great Cranberry Futures Group on Great Cranberry Island had been executed. This lease was discussed during the October BOS meeting and then reviewed and approved by the Board of Directors of the Futures Group. The original is on file with the Town Clerk, and installs for the first time indemnity and insurance provisions which protect the Town should there be an accident or fire at this facility.

3. Third Call for, and consideration of, Warrant 2005 articles

a. Develop funding requirements for Town office equipment
b. Proposal for two summer police officer (temporary) under aegis of the Hancock Sheriff's office
c. Article on dock and ramp repairs, rock removal in the Sutton Island channel
d. Renewal of voting places pursuant to Maine State inspection report.
e. Ramp improvements for Great and Little Cranberry with DOT funds
f. Brochure on the islands similar to Beals Island/Jonesport brochure
g. Road work proposed by S. W. Cole Engineering.

4. Report of the Municipal Facilities Commission and any actions required

a. Marsh Insurance signage, and lighting in the rear: Selectman Beal reported that he had been asked by Marsh Insurance for permission to construct a sign, similar to Hinckley Insurance's sign, to replace the Hinckley sign; and also to installed an automatic sensor light in the rear of the building for night lighting of the walkway. Permission was granted for both, with MCM Electrical to do the night light.

b. Hinckley Real Estate is removing the third floor from their lease because its unusable and they can not rent it. A new lease is to be developed reflecting this change.

c. Permit issued by SWH for the fourth float in Manset: Selectman Beal indicated that he had just received a float permit (albeit late from the Town of Southwest Harbor) for the fourth Manset float. Michael Phillips then provided a discussion on his conversations with the SWH Harbor Master regarding moorings and the Cranberry's purported requirement for five moorings. (See 4d below.) Mr. Phillips will pursue this requirement with the Harbor Master. The float permit was given to the Town Clerk for permanent retention in her files.

d. Moorings at Manset and denial by SWH Harbor Master of the 5 previous moorings belonging to the town. Meeting needs to be held with the Harbor Master and not to cut and run from seeking these moorings for the Town. Mr. Phillips will check with Jarvis Newman as to the location of the Town's 5 mooring stones.

5. "Resolution Regarding Property Tax Relief" as proposed by City of Brewer regarding 55% Funding of School Costs by State of Maine

a. Following a discussion by the Board it was decided that no resolution would be agreed to until the voters had expressed their wishes. Because of the language in the referendum question (Question #1) passed by the voters of Maine on June 8, 2004 concerning 55% funding by the state of school needs, the funds provided by the state are not necessarily dedicated just to school funding when received. Therefore, Mayor Michael Celli of the City of Brewer has been asking various towns and cities to approved a resolution dedicating at least 90%, and potentially 100%, of these funds for school use. While the Selectmen were supportive of this idea, it still remains the will of the voters at Town Meeting to determine how all funds will be spent and once funds are received this allocation question will be placed before the voters.

6. Hancock County Hazard Mitigation Plan for Cranberry Isles

a. Local Emergency Management Directors and Senior Town Officials for Hancock County recently met on 23 September 2004 concerning the recently completed County Mitigation Plan. The U.S. Disaster Mitigation Act of 2000 requires that every municipality have an approved Hazard Mitigation Plan in place by 1 November of this year. The Emergency Management Agency of Hancock County has addressed this federal requirement with a Hazard Mitigation Planning Team, and the requirement for the Cranberry Isles is to "assess community shelter programs" by September 2006. The Selectmen unanimously approved of the overall county plan and the requirement for our community and therefore approved adoption of a resolution to this effect pursuant to Section 201.6(c)(5) of federal code. A copy of this resolution is on file with the Town Clerk.

7. MOU between the Organized Fire Departments of Hancock County

a. On 14 October 2004 the selectmen received a letter from Chairman Rick A. Henion of the Hancock County Firefighter's Association which reads:

"The Islesford Fire Department and the Cranberry Isles Fire Department recently expressed an interest in joining the Hancock County Firefighter's Association and becoming signatories of the Hancock County Mutual Aid Agreement. We welcome this interest and fully support your Fire Departments efforts in upgrading and strengthening fire protection and response within your community.

We recognize that your multi-island community will have a difficult time meeting some of the standards set forth in the Mutual Aid Agreement for signatory towns. These standards are designed to ensure there is consistency, safety, and standardization of personnel and equipment when it crosses municipal boundaries in support of neighboring community's emergency mutual aid calls. It would be unrealistic to expect the same level of response from and to your island community.

Therefore the Board of Directors for this Association have agreed to allow you to use the Hancock County Radio Repeater System and the RCC for emergency dispatching and communications. We will further assist in any way in which we can, the revitalization of your department's training and the upgrading of your equipment.

In the event that mutual aid support is required from "off island" communities you may be billed for services rendered until such time as your community is a full signatory of the County Mutual Aid Agreement.

Please sign and return the attached acknowledgement for our records. A copy of the 2004 Revised Memorandum of Understanding will be sent to you shortly, pending final approval at the next Association Meeting.

If you have any questions or concerns, or need any additional assistance please contact us. We are here to help the entire [community] and all fire and emergency services within Hancock County.

/s/ Rick A. Henion, Chairman"

b. The Board of Selectmen signed the following MOU: "The undersigned hereby agrees to the modified terms and conditions of the 'Memorandum of Understanding Between the Organized Fire Departments of Hancock County', namely use of the Hancock County Radio Repeater system and the services of the Hancock County Regional Communications Center."

/s/ Selectman Richard Beal and /s/ Selectman David Stainton A copy of this documentation is held by the Town Clerk.

8. Sand & Salt Shed Construction Bids

a. The Town received two unsolicited bids to build sand & salt sheds on Great and Little Cranberry islands. The bidder submitting this documentation was Louis Willey of Ellsworth.

b. The bids were read in open meeting with comment by Selectman Stainton that each doesn't reference any plans, details, or requirements. Selectman Stainton indicated that he out review last years plans, both for concrete and pole designs, and prepare a revised specification package. The Willey quotes for work were discussed but rejected because they did not represent Town requirements. Funds for these two projects have already been allocated by the voters in previous Town Meeting and amount to a reserve of $60,000 plus a $12,000 grant from MBNA obtained by Selectman Beal three years ago. Chairman Beal indicated that he still envisions use of the $12,000 to permit construction of storage sheds on the side of each island's Sand & Salt Shed so that the Town can comply with the Acadia Disposal District's Corrugated Cardboard Policy.

The Town of Cranberry Isles, pursuant to an affirmative vote at Town Meeting on March 11, 2002 for Articles 29 and 30, is a member of the Acadia Disposal District (ADD), having signed an ADD Interlocal Agreement by permission of the voters. With this in mind and in keeping with the terms of the ADD Interlocal Agreement, the ADD has enacted a policy to remove corrugated cardboard from the solid waste stream in the member towns. Beginning on the effective date of this policy, which is January 3, 2005, corrugated cardboard will no longer be allowed in the solid waste stream. It will be accepted as a recycle item. The ADD is composed of the following communities: Cranberry Isles, Mount Desert, Tremont, Trenton, and Southwest Harbor.

Rules:

(1) All solid waste haulers will be instructed that they are not to pick up corrugated cardboard as a solid waste product after the effective date of this policy, but that they may arrange to pick up that material as a recycle item.

(2) E.M.R, Inc. will monitor solid waste coming into their transfer facility and will only accept corrugated cardboard as a recycle item; they will not accept any solid waste that has corrugated cardboard commingled with it - from neither solid waste haulers nor the public.

(3) Educational efforts regarding the policy will begin November 1, 2004. These efforts will include, but not be limited to, flyers, newspaper articles, annual town reports and presentations to respective member town's boards of selectmen.

(4) Corrugated cardboard may be disposed of as a recycle material provided:
a. It is clean
b. It is broken down (flattened)
c. It is corrugated and is NOT items such as pizza or cereal boxes.

9. Report on progress with implementation of new financial accounting system; Outline of Budget Documentation for 2005 Warrant:

a. Deputy Treasurer Denise McCormack discuss the 16 page breakdown of the new computerized financial system, which uses the TRIO software system and is being implemented with assistance of Tom McCormack of Coston & McIsaac of Bar Harbor, Maine (no relation to Denise McCormack). The TRIO software representative in Bangor has also been an active participant in the restructuring of the Town financial documentation system. Mrs. McCormack provided a four page synopsis of the various accounts, indicating that data had been input up through July 2004 and that considerably work remains to get it all input prior to the end of the year audit by the Town's Auditor: James Wadman.

b. Based on a suggestion from Mrs. McCormack, the Board of Selectmen will participate in a financial workshop with the Treasurer and Deputy Treasurer, and our financial consultants, on 16 November 2004 for the purpose of reviewing the new system and recommendations for it completion. An outline of this new system will be provided to the voters in the 2004 Town Report to be issued in February 2005.

c. Treasurer Bartlett and Deputy Treasurer McCormack both recommended that the Selectmen include in the 2005 Warrant funding for the purchase of the following TRIO software to complete the change over in financial accounting:

(1) TRIO GASB-34 Fixed Asset Tracking & Accounting System $1,170.00
(2) TRIO NVRA Voter Registration System $585.00
(3) TRIO Clerk Data Base System $1,170.00

10. Audience Communications

a. Manset Property: Michael Phillips discussed various rental options he has been exploring for the boat house and the apartment in Manset Transportation Facility. He suggested that it might be to the Town's benefit if the 200 day rental restriction could be removed from the boat storage building to permit year round rentals. Selectman Stainton suggested that the Town Attorney be consulted, and that we obtain the services of a new Bond Attorney who was more responsive to Town requirements in a timely manner.

b. Great Cranberry Gravel Pit: Letter from Phil Whitney of Great Cranberry Island was received by the Board of Selectmen and is quoted below:

"October 26, 2004

Dear Sirs:

As an abutting property landowner, I have reviewed your formal request for permission regarding the establishment of the Garbage Transfer Station in the Town Gravel Pit. Although in principle I have no objection to the operation as proposed by Edward Gray Enterprises, I have significant concerns involving on-going related activities in the Town Gravel Pit, which I believe are in violation of the court-approved settlement of my lawsuit against the Town of Cranberry Isles in 2002, and which I believe would also negatively impact on the above proposed operation.

Within the past several days, I have surveyed the entire Gravel Pit property. I observed that one junk vehicle, which was located in a swampy area directly behind the proposed Garbage Transfer Station, has recently been removed. I greatly appreciate the efforts of the Town in this regard.

However, I also observed two other junk vehicles: 1) Bangor Hydro Electric green van/smashed windows, last registered in 1997. I believe it contains storage materials utilized by Bangor Hydro. 2) White carry-all truck, last registered in 1999. I could not clearly determine who owns the vehicle, or if any storage materials of significance were inside. I believe these vehicles are in violation of the court-approved settlement (most certainly the spirit in which the settlement was intended). In addition, it is my understanding that informal deals were made by members of the Board of Selectmen, which were never discussed nor approved in public meetings, to permit these vehicles to remain in the Gravel Pit.

I also noticed a considerable amount of construction debris on the ground between the above-mentioned white truck and a registered green truck owned by Gary Gould [well driller]. The debris has apparently lain there for several years, judging from personal observations made at this time and in months past. Towards the rear of the Gravel Pit I further observed a large pile of debris, which consisted of stumps, brush, construction materials, old computers & appliances, and other garbage. Some of these materials may have been related to target practice which is conducted regularly in this area.

Although not directly related to the above mentioned concerns, I saw that quantities of gravel have recently been removed from the rear of the Gravel Pit, which may be in violation of Wetlands Zoning provisions, since the digging appears to be within 250' of the Heath. It may also violate current Town policy regarding removal of gravel which, if I understand correctly, is limited to one truckload for personal use only.

I would ask the Board of Selectmen to correct these apparent deficiencies as soon as possible. I would be most willing to work with you to find acceptable solutions, if any of these problems are difficult to resolve. Once they are corrected to everyone's satisfaction, I will be happy to sign the approval for the Garbage Transfer Station.

Sincerely, /s/ Phil A. Whitney, Cranberry Island, ME.

Selectman Stainton read portions of the above letter to the audience and discussed various points with Mr. Whitney. Selectman Beal pointed out that much of the gravel and sand presently stock piled in the gravel pit by Goodwin Construction was for use at Cranberry House, for which Mr. Whitney is the Project Manager. Nevertheless, the point made by Mr. Whitney concerning the need for a Town policy on operation and use of the gravel pit was excellent, and Chairman Beal asked Mr. Whitney for his assistance in drafting or jotting down an outline of what a policy should contain for rules and regulations. Mr. Whitney said he would assist the BOS in this endeavor.

Town Clerk Frances Bartlett reported that an announcement concerning pending application to the Department of Environmental Protection for a Solid Waste Transfer Station Permit was in the Mount Desert Islander and a final application would be submitted forthwith for the Great Cranberry Island station.

c. Road Repairs on Little Cranberry: On behalf of several citizens who have recently fallen due to road potholes, Frances Bartlett reported that a safety issue existed on Little Cranberry and asked what progress has been achieved in getting some repairs made. Chairman Beal reported that he had followed through on a phone called which Bruce Fernald had made to BCM Construction over a month ago, and that he had hired BCM Construction to come to Little Cranberry as soon as feasible. Chairman Beal indicated that he would again call Ben Moore, owner of BCM Construction and learn when he plans on coming. Mr. Moore indicated on 8 November that he was planning on coming this date but wind and weather had prevented David Bunker from barging. The Chairman authorized BCM Construction to use Berzinis Barging as an alternative, and Frances Bartlett was also so advised so that she could inform her neighbors at Islesford.

11. Adjournment at: 12:43 PM , next meeting 8 December 2004 (Wednesday) at Little Cranberry Island



TOWN OF CRANBERRY ISLES, MAINE
BOARD OF SELECTMEN'S MEETING

4 Dec 2004

MINUTES

Attendees: Selectmen Richard Beal and David Stainton, Selectman Orville Blank is on travel and could not attend but is expected to return to Islesford on 19 December. Town Clerk Frances Bartlett and Deputy Clerk Denise McCormick provided financial data. Audience: Bruce Fernald, Hugh Smallwood, Karin & Phil Whitney, William McGuinness, and Cyrus Moulton

Meeting commenced at: 08:30 AM

AGENDA:

1. Review minutes of the 4 November 2004 BOS Meeting: Minutes approved as written with the original on file in the Town Clerk's office.

2. Town Treasurer's Financial Warrants:
Subject:Warrant Amount
Bills$33,593.14
Bills$14,823.46
Bills$34,688.04
Loan Payments$70,085.67
School$35,081.77
Islesford Fire$16,000.00

Following comments or actions taken in reference to monetary actions:

a. Bill from Robert Phillips for labor in repairing floats should be paid by Roy Hadlock per his contract.

b. Add to Warrant 2005 for two finger floats on GCI and repair of floats, includng skiff float, at Islesford. Pricing will be an estimate based on work obtained during the past two years.

c. Number of vehicles at the Islesford town landing need to be moved or declared abandoned. Chairman Beal was asked by two Islesford residents to see if some type of police coverage could be arranged whereby a police office, appointed by the Town, could enforce various Title 29 Motor Vehicle Laws on each island. The Chairman is making these arrangements.

3. Fourth Call for, and consideration of, Warrant 2005 Articles:

a. Certificate of Assessment for 2004 from the Town Assessor is required by the Town Clerk. In the meantime, a letter received from RJD Assessing indicates that next years assessing contract is for $700 more which is based on a cost of living adjustment per the Federal CPI.

b. Town Office article for new construction: two design proposals from MFC for voter consideration will be developed and provided to the BOS in time for inclusion in the annual town report.

4. Report of the Municipal Facilities Commission and any actions required: The following report was provided by the MFC:

a. Solid Waste Management: Bruce Fernald
The Commission decided at its November meeting to take this issue off its plate. There are too many variables beyond our control and the Board of Selectmen are overseeing the progress on GCI towards getting the transfer station up and running. This should be given top priority so that the Islesford abutters can see and evaluate its operation.

b. Roads Management: Frank Reece
Frank Reece has drafted a sample Roads Ordinance which is being reviewed by the Commission. When we feel it is ready for review, it will be submitted to the Board of Selectmen. In the meantime, a truck of cold patch asphalt was delivered to Islesford and major potholes were patched.

c. New Municipal Office: Hugh Smallwood
Meetings were held on GCI and Islesford and the public provided good input. The MFC has documented these public meetings along with some specific pricing as to the recommendations, and this will be presented to the voters at the 2005 Town Meeting.

d. MFC Supervisor: Hugh Smallwood
Bill McGuinness has begun participating in the MFC meetings and although he is still fishing, this commitment will end by Christmas. The Commission agreed that it would take a few weeks to get him up to speed. We are attempting to do this now to get him productive as soon as possible.

e. DOT Grant: Michael Phillips/Hugh Smallwood
Cyrus Moulton, our Island Institute Fellow, has been working with Steve Ruell from Kleinschmidt Associates, Inc. to scope the project of lengthening and improving the barge ramps at Islesford, Great Cranberry and Manset. We have been in touch with Tracy Perez from the Maine Department of Transportation (MDOT) about the possibility of including the Sutton harbor clearing in the ramp improvement project (so it would be paid for by our DOT grant). She thinks this is very possible.

f. Comprehensive Plan: Lise Pratt/Dan Lief
The Comprehensive Plan Committee is finalizing the survey which will begin over the holidays with some face to face interviews. The mailing will go out early in January. It will also be posted on the Internet. Meetings are being held the 1st Wednesday of the month at 1 PM, alternating islands for location. They are also working on gathering data for the inventory/analysis phase. A special public meeting will be held some time in March or April 2005 to discuss the results of the survey.

g. Manset Maintenance: Eve Harrison
The new parking lot at Hinckley Real Estate has been striped.

h. Parking Regulations/Guidelines for 2005: Malcolm Donald
Malcolm Donald submitted a draft for the Commission's review at our November meeting. Some minor changes need to be made, but overall we think it is a good document and should be included in the Town Report as well as mailed to all residents in January 2005.

5. Discussion and decision on Temporary Town Office:

a. Temporary office location at Susan Valdina's house. She needs to discuss with relatives and determine a rental fee.

b. MFC to provide two plans for the voters to consider as to design and the MFC has tasking to produce these designs with costs estimates.

c. Funding for a permanent office to be addressed by the voters in separate warrant article along with how funding is to be obtained.

d. The MFC has asked Chris Wriggins of Islesford and Yarmouth, Maine to consider undertaking architectual duties for design of this office. He has forwarded a contract to the Selectmen which asks for a fee of $75.00 per hour with a total fee not to exceed 8% of the total cost of construction. For an estimated office price of $125,000 this fee would be $10,000. The proposed contract will be an agenda item for the 4 January 2005 meeting.

6. Household Hazardous Waste Grant Application to State of Maine w/Agreement for Special Services:

Selectman Beal submitted a grant application to the State Planning Office during the past month seeking partial reimbursement for the hazardous waste materials which were removed from the islands during November 2004. This waste removal program was coordinated by Dan & Cynthia Lief for which a tremendous thank you is offered. Such a hazardous waste removal task has not been undertaken in many years and a large truck load of materials were taken off the islands and processed by authorized waste handlers. The Grant Application was approved by the State and the Town will receive a 50% reimbursement. Copies of the grant application and supporting documentation are on file with the Town Clerk.

7. Ramp Usage Fee Institution per Special Town Meeting 31 July 2001:
Approved at $2.50 by unanimous vote. A letter has been sent to both Beal & Bunker, Inc. and J.P. Berzinis, Inc. notifying them that this fee is now applicable and that a monthly submission should be forwarded to our Town Clerk for deposit into an escrow account for future ramp repairs.

8. Hancock County RCC Agreement Per 30-A M.R.S.A. Sec 107 for Year 2005:

a. Approved and forwarded to the County Commissioners. When approved by them, a copy will be returned to the Town Clerk for permanent filing. The Hancock County RCC is the regional communications center associated with the dispatching of fire and police services for the county. In the case of our Town, the RCC handles dispatching of 911 fire emergencies to each of our island fire departments.

9. Review of Kleinschmidt Report for Sutton Dock Repairs & Channel Work:
Chairman Beal read the report and recommendations from Steve Ruell, the inspecting engineer from Kleinschmidt Associates. Repairs to the municipal wharf are quite modest and involve essentially replacement of 5 pilings and a small amount of cross member work for strengthening of the wharf. The number of large rocks or boulders that need to me removed from the entrance channel number approximately 12, but the State has asked for an exact latitude and longitude position of each rock to be moved, along with an underwater examination of any marine growth that is on the rocks. This task has already been accomplished using a divers from Northeast Harbor and the results will be included in the State DEP and Federal U.S. Army Corps of Engineers applications. Approximate cost for the entire work package is estimated at $34,000.

9a. Lease with Gary R. Fountain: Draft reviewed and authorized. Mr. Fountain wishes to rent a small space in the Manset boathouse for five months at $100 per month to store a small boat.

10. Adjournment at 11:10 AM, next meeting 4 January 2005 at Great Cranberry Island commencing at 08:45 AM



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