Town of Cranberry Isles
Board of Selectmen's Meeting Minutes
7 February 2006
Community Center, Great Cranberry Island

In Attendance:

Phil Whitney, BOS chair
Daniel Lief, BOS
Edgar Blank, BOS
Denise McCormick, Town Clerk / Treasurer
William McGuinness, FMS
Malcolm Donald, MFC
Cyrus Moulton, Island Institute Fellow
Members of the Public: Clay Taylor, Ed Gray, Cynthia Lief, Karin Whitney

I. Call to order: 8:45 AM
Phil Whitney, Chairman, Board of Selectman

II. Review / Approval of 1/30/06 Minutes
Selectman Blank motioned to accept the 1/30/06 minutes as given. Selectman Whitney seconded. All in favor.

III. Review / Signing of Financial Warrants
The following Treasurer’s warrants were signed:

#4- $2965.39
#5- $5413.59
#6- $34806.33
#7- $39346.59
#8- $5155.40

IV. Communications
Kay Stevens Roser of A-4 architects and Clay Taylor regarding the extension of the lease of the Cranberry General Store which expires July 21, 2006.

Chris White, with the MFC, has been in contact with Clay about working out a long-term lease. A multi-year lease will need to be approved by the voters at a Town Meeting. The Board of Selectmen have reached an informal consensus that Clay’s plan is agreeable as alluded to in presented letter, and they will schedule a special Town Meeting to authorize a long-term lease when a document has been agreed upon between Chris White and Clay that reflect the best interests of the store and the Town.

V. Old Business
A. Report: Harding Point Property Research by Anthony Giunta, Town Attorney
Giunta has researched both properties and gone as far as he thinks is necessary for the Town's interests. Selectman Whitney recommends that the Town takes Giunta's advice and continue with the next step, advertising the property in the local papers according to Statutory Guidelines.

Malcolm Donald wondered if the Town, if no owners for the property were found and the property reverted to the Town, would commit to a boundary survey.

Selectman Whitney motions that the Selectmen continue as per Giunta's advice and see if anybody claims ownership to the property. Selectman Blank seconds. All in Favor.

B. Report: Cranberry Isles Boat Registration Implementation:
Town Clerk / Treasurer McCormick reports that the Town has been accepted by the State to register boats. The Town Office is not currently ready to register boats. When the Town Office is ready, they will make an announcement at the appropriate Selectmen's Meeting.

VI. New Business
A. Briefing: General Assistance Guidelines:
Town Clerk / Treasurer McCormick reports that in reviewing the guidelines, the biggest issue that she can identify is confidentiality: it is not public record who applies for General Assistance. Currently, only she, as the Treasurer and Town Clerk, and Deputy Town Clerk Hadlock know who has applied for General Assistance. Any applicant is assigned a case number by the General Assistance Administrator which they are referred to on all public documents. Legally, the Selectmen could ask for the information, but the fewer people who know about the applicants' identity, the better, as we do not want to discourage people from applying.

Cynthia Lief wondered if only the Town Treasurer, could know the name.

McCormick answered that the only reason the Assistant Town Clerk knew an applicant's identity was that the applicant had called and asked the Assistant Town Clerk for information about their application.

Selectman Lief suggested that McCormick only have the information.

Malcolm Donald wondered if information detailing the amount of money distributed, or how many people were applying, was given to the public.

Selectman Lief replied that the only public information were the warrants that indicated the amount of money that was spent and the confidential case numbers that were assigned by the General Assistance Administrator.

B. Signatures: Great Cranberry Solid Waste Transfer Station Amended Contract
I. Contract Amendment: the new terms
II. Memorandum of Understanding: amendment reflects agreed upon changes or clarifications to the original document, and that the intention is to get the Islesford station running and functioning according to the amended terms of the contract
III. Addendum- in signing new agreements, no rights under the 2004 documents are relinquished, but the new language is binding vis-à-vis operations going forward.

The Great Cranberry facility is anticipated to be open in the next month. The fence needs to be finished and the electricity hooked up by Bangor Hydro. The Town has been communicating with Bangor Hydro through Mike Musetti.

Selectman Whitney asked for clarification concerning the arbitration clause:

Ed Gray responded if in 3 years when we review the contract, and an agreement cannot be worked out between the town and Ed Gray Ltd, then the dispute will go to a third party to be resolved.

Ed Gray signed the three documents. The Board of Selectmen signed the documents.

C. Discussion: Proposed Public Hearing - GCI Solid Waste Operations
Ed Gray has drafted a letter explaining the procedure of the trash compactor site and information on what is acceptable. This will replace a public hearing. Ed will also be on site to monitor the proper disposal of trash.

D. Report: Deputy Town Clerk Attendance at Training Seminar
Deputy Clerk Hadlock attended a seminar focused upon training for elections and Town Meetings procedures. Hadlock enjoyed the seminar and learned a lot that will be applicable for the Town in the future.

E. Report Workmen's Compensation Representative Visit
A Safety Representative visited and indicated that the Town must clearly state to people with whom they sign contracts that they are subcontractors and must be covered by their own Workmen's Compensation. Contractors also cannot be doing work for the Town without proof of their own Workmen's Compensation Coverage. As subcontractors are not employees of the town, they are not covered by the town's Workmen's Comp policy. The rep also reviewed the types of contract work which must be covered by the contractor's own Workmen's Compensation.

Malcolm Donald wondered if contractors had liability insurance....

VII. Other Business
A. Downeast Transportation Funding Request
Will be referred to "Donations to Human Services" line item in the budget as per policy

B. Letter regarding Shellfish Commission from Maine DMR
DMR never received a signed and certified copy of the updated 2004 Shellfish Ordinance, so they deferred to the previous contract. DMR needs signed and certified updated copy, McCormick has sent it in.

C. Harbor Ordinance Research Committee Appointments
Ted Spurling Jr. will also be on the research committee, he was inadvertently omitted from the list.

D. Catholic Church of Northeast Harbor
Joy Road lot rental will be $2000 this year, as opposed to $1500. The adjustment reflects property taxes, etc. This new figure has been adjusted in the budget.

E. Letter from Chris White concerning Public Payphones
The State Public Utilities Commission will be having a hearing in Augusta on installation of public phones as requested by municipalities. Chris has been advocating that the Town put phones on the Town docks, and would like to know if the town endorses his position and authorizes him speaking on behalf of the Town at the meeting. He also requests compensation for travel expenses.

Cynthia Lief says there are constantly people looking for a pay phone on Islesford and she advocates that one be set up.

Selectman Blank wonders if there is a cost to the phone and where it would be placed.

Selectman Whitney recommends that as nobody is interested in going from the BOS, that they encourage Chris to attend the meeting.

Selectman Lief motions that we agree that we are in favor of "free phones," as stated in the letter, we support Chris going to the hearing and will reimburse him for relevant expenses. Selectman Blank seconds. All in favor.

VIII. MFC Report:
A. Trash Disposal:
Bill McGuinness, FMC, is happy about the Gravel Pit, and will call Mike Musetti to finish hooking up the electricity. He and Ed went to look at the trench where a couple of people have gotten stuck, and decided that once the site was set up, since nobody would need to go over the trench to access the trash containers, they would simply put up a saw horse to prevent people from crossing the trench.

B. Roads:
Issues were raised concerning the town plow tearing up roads on Islesford. Selectman Blank recommended starting the process of selling the truck and replacing it, as it is not cost-efficient to keep repairing the roads when our own truck is destroying them.

C. Manset Business Development:
One warehouse is unoccupied. Cynthia Lief suggested that the Town advertise it as available for rent on the Cranberry Isles webpage. McGuinness will do so this month.

D. Parking Administration:
McGuinness will start working on it this month. Price is $250 now, could we go up? The Selectmen will discuss this at a later date.

E. Wharves, Floats and Harbors:
Sutton's town float is not in. McGuinness has not heard complaints from the residents and Roy Hadlock, the contractor, has been injured so has not been able to install the float. The float that was supposed to be taken up is still in so there is not a need for a float at the moment.

IX. Workshop Session:
A. Final Review of Warrant Articles

B. Final Review of Budget
Joy Road amount increased by $500

School budget request amounts were adjusted, but this did not affect the operations budget.

Fire Department Money Requests
If Fire Departments were not able to come up with a plan to how they were going to use their budget requests or their reserves, then they would not get any new funds and would have to rely on their reserves.

Great Cranberry Fire Dept: $5,000 requested for "Contracts" includes handicapped accessible ramps, and reshingling of the building.

Selectman Whitney reported that there was a Fire Meeting last night, and that they were satisfied with using the funds that they have not spent in the past year for the next fiscal year.

Bill McGuinness reported that the Town is working on meeting with the various Town departments to have better accounting and financial reporting.

Selectman Whitney is demanding cooperation from Islesford Fire Department.

Selectman Blank reminded the Board that once the money is allocated to the Fire Departments, it is in their hands from that point on and the Town has no authority over how it is spent, so that the Town should know exactly what they are giving money for.

C. Final Review of Town Report
The Selectmen signed the official copies of the 2006 Annual Town Meeting Warrant and certified copies of proposed ordinances:
1. Street Name and Numbering for Zone 1
2. Great Cranberry Street Name and Numbering
3. Floodplain Management

All is complete except for the Independent Auditor's report. He will send it to the printers.

Letter was received from Anthony Giunta dated February 2, 2006 giving his legal opinion concerning the proposed ordinances that will be addressed at the Town Meeting, commenting upon and making changes to the E-911 ordinance in Zone 1. The Selectmen will take the suggestions and address them in the future, but for the Annual Town Meeting, the ordinance shall be as recorded.

Note: Nan did a lot of work on preparing this document and deserves 'major kudos.'

X. Executive Session:
Selectman Whitney motioned that the Board of Selectmen go into Executive Session pursuant to 1 M.R.S.A. @405 (6), and provisions of the Maine Human Rights at 10:37, for the purpose of discussing confidential correspondence relative to a complaint filed with the Maine Human Rights Commission against the Town of Cranberry Isles.

Selectman Whitney moves that the meeting come back into public session at 10:41 AM, Selectman Blank seconds. All in favor.

XI. Audience Communications:
Island Fellow Application
Malcolm Donald mentioned that he had the application packet for the next Island Institute Fellow, as Cyrus will be completing his fellowship in September. Malcolm advocates that while the program is a community venture, not necessarily a Board of Selectmen venture, a matching grant is involved (as per this year) and so the Town should have a say in the assignment of a Fellow.

Selectman Lief indicated that he would like to be involved as a representative from Islesford. Malcolm will be involved in working on the application as a representative of Great Cranberry.

XII. Adjournment:
Selectman Lief moves to adjourn at 10:48 am. Selectman Whitney seconds. All in favor.

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