Town of Cranberry Isles
Board of Selectmen's Meeting
11 July 2006
Islesford Neighborhood House

In Attendance:
Phil Whitney, BOS Chair Karin Whitney
Daniel Lief, BOS Dan Poulin
Aaron Gray, BOS Wendy Rackcliffe
Denise McCormick, Town Clerk Hal Newell
Bill McGuinness, Facilities Supervisor Jim Parrish
Nanette Daley Hadlock, Deputy Clerk Starr Bright
Cyrus Moulton, Island Institute Bob Keohane
Courtney Chaplin, Fire Chief, Zone 2 Shirley Thormann
Wilfred Bunker Cynthia Lief
Cheryl Scholl Hugh Dwelley
Marian Baker Elizabeth Storey-Selim
Val Storms Cliff Storms
Tarek Selim

I. Call To Order- 8:34 A.M. by Chairman Phil Whitney.

II. Review/Approval 06/08/06 Minutes
Section VI, A.: Discussion: Law Enforcement-ATV Public Hearing
Delete: Sue Pomerleau from the Department of Motor Vehicles will be in attendance.
Phil Whitney moves to accept the minutes with correction. Dan Lief seconds the motion, with a unanimous vote by Aaron Gray. Motion passes.

III. Review/Signing Financial Warrants
Warrant #27:$ 6475.03
Warrant #28:$ 24306.39
Warrant#29:$ 5239.21
Warrant#30:$ 35275.28
Total$ 71295.91

All Warrants were signed by the Board of Selectmen.

IV. Communications
A. Letter: Ed Horvath
A letter of resignation has been received from Planning Board Member Ed Horvath, dated May 19. 2006. In the same letter, Mr. Horvath makes some recommendations to the Board.

  1. New application form and separate permit form
  2. Numerical order on permits that are cross referenced to plumbing permits
  3. Basic check list for Board's Required Questions and Permits, Advertisement in paper of meeting, any other legal requirements.
  4. Supply all Board Members with a town laptop computer
  5. Purchase computer disk of Planning Board manuals
  6. Allow C.D. Disk of applications, Plus one Official Paper Copy
  7. Scanner/Copier of size for blueprint surveys to be copied
Dan Lief suggests that Steve Philbrook respond to B.O.S. in regard to Ed's suggestions.

B. Email; MMA TABOR Impact Study Request
An email request has been received by Chairman Whitney asking the Town of Cranberry Isles to participate in an evaluative survey of TABOR. Dan Lief moves that we do not participate in the survey. Aaron Gray seconds the motion, with a unanimous vote by Phil Whitney. Motion passes.

C. Letter: MMA Employee Salary Survey
Maine Municipal Association is asking the Town of Cranberry Isles to participate in a municipal officials' salary survey for their database. A report will be made available in October 2006 for participating towns. Dan Lief moves that the Town participate in the salary survey for M.M.A. Phil Whitney seconds the motion, providing that the deputy clerk fill out the paperwork. Aaron Gray casts a unanimous vote. Motion passes.

Nan Hadlock will fill out the survey and mail it to MMA by July 24, 06.

V. Appointments / Resignations
A. Appointment: GCI Deputy Fire Warden
Phil Whitney nominates Norman Sanborn, JR for GCI Deputy Fire Warden. Dan Lief moves that Norman Sanborn, JR be appointed Deputy Fire Warden for Great Cranberry Island. Aaron Gray seconds the motion. Motion passes.

Phil Whitney will take care of the paperwork with the State.

VI. Old Business
A. Discussion: ATV / Small Vehicles Public Hearings
A public hearing was held at GCI on June 15, 2006 in regard to ATV use on public ways. Twenty-two individuals attended the hearing to give their views and ask questions on Island use of all terrain vehicles.

A proclamation had been signed in March of 2006 which was deemed illegal because it included ATVs as low speed vehicles. This proclamation was agreed upon by the Board of Selectmen to encourage the use of alternative vehicles, rather than "old clunkers". The general consensus of the hearing was to not have regulations on these types of vehicles. Many residents voiced their support for keeping Island Life the way it is, and not getting too crazy with enforcement. There are some laws that regulate age of driver, unlicensed drivers, speed limits, and posting of the roads for ATV use, among others. Liability insurance is another concern as ATVs are registered through the Department of Inland Fisheries and Wildlife, who do not require proof of insurance for registration.

B. Discussion: Law Enforcement- Vehicle Proclamation Status
Selectman Whitney suggests an amended proclamation to encourage the use of legally permitted golf carts and low speed vehicles.

One resident reflects that he has had trouble with his insurance company trying to get coverage for his golf cart. The insurance policy excludes registered vehicles under homeowners. Golf cart coverage is only carried for use on golf courses or the policy holder's own premises.

Dan Lief moves that the old proclamation from March 13, 2006 be rescinded. Aaron Gray seconds the motion, with a unanimous vote by Phil Whitney. Motion passes.

As for a revised proclamation, Selectman Lief offers to contact the Town Attorney to look over the changes as he does not want to be part of another illegal proclamation at this time. Phil Whitney moves to establish a new proclamation with revised changes regarding golf carts and low speed vehicles. Aaron Gray seconds the motion, with a no vote by Dan Lief. Motion passes.

In regard to an ATV specific ordinance, Dan Lief moves that the Board of Selectmen pursue an ATV ordinance and come back to the next meeting with necessary information. Phil Whitney seconds the motion, with a unanimous vote by Aaron Gray. Motion passes.

C. Discussion: Code Enforcement Officer Visit
The Board of Selectmen has received a legal petition from property owners at Cranberry Isles, asking that the Vehicle Importation Ordinance be brought back to the voters of the Town, to vote to have the ordinance revoked. This item now must be included on the warrant for special Town meeting on August 15, 2006.

Facilities Supervisor Bill McGuinness reflects that the ordinance has been unpopular with voters ever since they passed it in March 2004. Town officials are working to put together a new proposed ordinance, only to be presented in the event the existing ordinance is revoked.

Some ideas, so far, as to a new ordinance might include:

Purpose: to discourage the importation of vehicles to the Islands (particularly old junk cars and trucks) and to encourage the use of alternative means of transportation. This ordinance would not apply to electric vehicles, golf carts, ATVs or other small, environmentally-friendly vehicles.

a. Under this ordinance, each year round household would be entitled to have one vehicle on the Islands exempt from any importation fee. Any additional vehicles brought to the Island by year round households and any vehicles brought by seasonal residents would be required to display a $150.00 importation sticker. For the purpose of this ordinance "year round" residency will be judged using the criteria set forth by the State of Maine to determine eligibility for the Homestead Exemption.

b. Vendors doing business on the Islands would similarly be entitled to have one vehicle on the Islands free of charge and would be expected to pay $150.00 for each additional vehicle.

There would be no grandfathering of vehicles.

Warrant articles for the special town meeting will have to be approved at the next Board of Selectmen's Meeting on August 01, 2006.

Phil Whitney moves to hold public hearings on vehicle importation at Islesford Neighborhood House on Wednesday, July 26, and on Great Cranberry Island on July 27 at the Community Center, both to begin at 4:00 P.M. Dan Lief seconds the motion, with a unanimous vote by Aaron Gray. Motion passes.

Town Clerk Denise McCormick reminds voters that state law requires that ordinances cannot be changed from the floor of the Town Meeting. Therefore it is very important for voters to attend the public hearings to voice their ideas and ask questions.

VII. New Business (taken out of order by request)

B. Discussion: Proposed Purchase Islesford Fire Tanker Truck
Fire Chief Courtney Chaplin presents the Board with a quarterly report for Fire Zone 2, Islesford. Included in this report is a proposal for a new tanker truck for Zone 2. The proposal calls for a Vacuum Tanker, costing $150,000.00.

Financing proposal:
Existing Department Funds:$30,000.00
Contributions from the community:$30,000.00
Loan underwritten by Town:$90,000.00

The tanker would hold 2500 gallons and may be operated by one individual who can refill the tank in 2½ minutes.

Proposed impact on Island Taxes, insurance, and safety:

The above information was taken from the proposal/report prepared by Chief Chaplin.

Selectman Whitney asks where the new tanker truck would be stored. Chief Chaplin responds that for now the ambulance would be moved outside to make room for the new truck.

Zone 2 Fire Department is requesting that the Board of Selectmen place a warrant article for the annual town meeting in March 2007, asking the voters to borrow money for the purchase of the vacuum tanker truck.

Dan Lief moves that the Board of Selectmen support Islesford Fire Department in their endeavor to secure a loan for a tanker truck. Phil Whitney seconds the motion, with a unanimous vote by Aaron Gray. Motion passes.

C. Discussion: Proposed Subsidy-Beal and Bunker Winter Operations
Beal and Bunker Representative Wilfred Bunker attended today's meeting to ask the Town of Cranberry Isles for a subsidy for winter operations of the mailboat ferry service. Mr. Bunker relates that the business has been ferrying passengers, freight and mail for the last fifty-five years, and for the past few years for approximately six months during the winter season, it has been touch and go for the ferry service financially. In March of 2006, the company borrowed money to continue. The mail run pays one trip per day in the winter season, and two trips per day in the summer season.

Phil Whitney suggests a subcommittee gather information and negotiate with Beal and Bunker. A list of expenses for the last three years would be desirable.

Dan Lief moves that Hal Newell of GCI work with Beal and Bunker, as well as the Board of Selectmen on the subsidy issue. Phil Whitney seconds the motion, with a unanimous vote by Aaron Gray. Motion passes.

VI. Old Business (revisited)

D. Report: Snow Plowing Contract Research
Selectmen are studying the cost relationship between contracts vs. employee for snowplowing. On Islesford, there is an employee, and at GCI there is a contracted position for snowplowing. $10,000.00 per year is budgeted for each, GCI and Islesford. For the last three years the contract has been $9,000.00 per year, and the contractor owns and maintains his own equipment. On Islesford, the Town is responsible for maintaining their own equipment, plus pays worker's compensation insurance, vehicle insurance, oil, gas, and Facilities Supervisor's time to get the vehicle off-Island and back on each year for routine maintenance.

Hard numbers are needed for comparison in order to finish the analysis. A contract needs to be signed for GCI for this winter. Bidding for the contract is expected to take place in August. Bill McGuinness will continue work on this issue.

E. Discussion: Contractor Liability/Workman's Comp Insurance
Insurance coverage paperwork and/or rebuttal forms have been coming in to the office for contractor work done for the Town. No contractors are to work for the Town that do not submit rebuttal forms.

F. Discussion: E-911 Compliance Progress
A memo of understanding for Baker and Bear Island Emergency Response has been signed for Acadia National Park and sent to the Park Superintendent.

Recommendations for a private road naming letter to residents have been forwarded to the Town Office. At this time the Deputy Clerk needs to meet with Carl Brooks and /or Phil Whitney to discuss some questions about location of some private roads. Next letters will be sent to residents who live on these private roads, giving them a chance for road name suggestions.

G. Discussion: Cranberry Isles Emergency Response Policy
Sutton Island response is still up in the air. There is no formal fire department who can respond to emergencies on Sutton. Town Attorney Guinta has verbally stated that we do have a moral responsibility to set up emergency response for Sutton, as they are part of the Cranberry Isles. Attorney Guinta suggests we approach Northeast Harbor Ambulance in regard to a memo of understanding for emergency medical response.

H. Report: Bank Account Proposals
Discussion is continued for the next Board Meeting, when the Treasurer, who has recently sustained a knee injury, has a chance to prepare a file on each bank being considered.

VII. New Business (revisited)

A. Signatures: Haslam Septic System Sludge Removal Contract
The Board of Selectmen sign a contract for the removal of septic sludge generated within the borders of the Town of Cranberry Isles. The contract is for the amount of $380.00 in services, and is effective July 01, 2006 until June 30, 2007.

VIII. MFC Report

F. Town Property Inventory/Usage (taken out of order by request)
Mr. and Mrs. Storms of Islesford want the Town owned right of way that goes by their home repaired for vehicle travel. This is not a Town Road, and has never been maintained as such in the past as the deed for the Town of Cranberry Isles states for pedestrian use only. The Storms are willing to put crushed stone and gravel in the ruts at their own cost.

Dan Lief moves to allow the Storms to make minor repairs to the pathway, working with the Road Commissioner, Jason Pickering. Phil Whitney seconds the motion, with a unanimous vote by Aaron Gray. Motion passes.

Jason Pickering, Road Commissioner gives a written quarterly report to the Board of Selectmen. In this report, Jason suggests that we start sand and salt shed construction on Great Cranberry Island first, as Islesford is still working out other considerations with housing different things besides just sand and salt.

A. Town Offices
No communications at this time.

B. Roads Maintenance
It is agreed to go ahead with starting the sand and salt shed building process at Great Cranberry Island. Specs need to be developed and the job put out to bid.

As for the paving at Great Cranberry Island, Bill McGuinness will contact Ring's Paving and see when work can continue.

C. Manset Maintenance
Two parking spaces were moved from in front of the doors, and two new spaces were painted, #127 and #128.

The railing job is halfway finished at this time.

The dumpster will be moved to the concrete pad.

D. Manset Business Development
No communications at this time.

E. Parking Administration
During the first towing trip at the Manset Lot, there were no cars parked in the lot that did not belong there! There does seem to be an abandoned car at the Joy Street Lot in Northeast Harbor taking up two spaces. The owner of the car has been notified and asked to move the vehicle.

G. GCI Store/Public Restrooms
As for the temporary lease with the Town and Cranberry General Store, Dan Lief moves to extend the current temporary lease until December 31, 2007. Aaron Gray seconds the motion, with a unanimous vote by Phil Whitney. Motion passes.

Amy Palmer has been filling in for Betty Sprague cleaning the Islesford Public Restrooms. Amy has also been cleaning the Town Office.

H. Trash Disposal
Sheila Krasnow has been doing a good job at the Islesford Recycling Station.

Civil Engineering Services is working on the application for a transfer station at Islesford, but we still need approval from the abutters.

I. Wharves/ Floats/ Harbors
The Town of Mount Desert has six to ten finger floats they are willing to give the Town of Cranberry Isles. The Selectmen ask Bill McGuinness and Roy Hadlock to go and look at the floats to see if they are anything we can use.

Selectman Gray suggests that the Harbormaster position carry more enforcement duty than has been shown at Islesford in regard to larger boats tying up at the floats. Aaron Gray and Dan Lief will get a list from Bill McGuinness and make calls within the next 48 hours to people tying up larger boats at the floats.

Bill McGuinness will call Maine Municipal Association to discuss legality of Selectmen doing Harbormaster duties.

Six Town Guest Moorings had been lost. Alvah B Barge has located four of them, two on GCI and two on Islesford. These moorings can be identified as a white ball with a blue stripe. Use of these moorings is free of charge.

J. Grant Applications
On July 01 the grants for finger floats and a ramp at GCI were approved. We are still waiting for the official paperwork.

K. Leases & Real Estate
Bill McGuinness has negotiated with tenants Marsh USA to help make our relationship easier in regard to paying bills.

L. Budget & Warrants
No communications at this time.

IX. Town Officer / Committee Reports
Tabled until next month s meeting.

X. Other Business

XI. Audience Communications
No further communications at this time.

XII. Executive Session
Phil Whitney moves that the Board of Selectmen go into Executive Session, pursuant to 1 M.R.S.A. § (6)(E), for the purpose of discussing a Superior Court Summons received in the matter of Hans Noether (Plaintiff) v. Cranberry Isles (Defendant), consultations held with Town Legal Counsel, and consultations held with Town Insurance Company Litigation Unit. Dan Lief seconds the motion, with a unanimous vote by Aaron Gray. Motion passes.

Call back to public session by Chairman Phil Whitney-12:55 PM

More discussion followed on larger boat tie up at the floats.

XIII. Adjounment-1:06 PM
Phil Whitney moves to adjourn the meeting. Dan Lief seconds the motion, with a unanimous vote by Aaron Gray. Meeting adjourns.

The next Board of Selectmen's Meeting will be held on Tuesday, August 01, 2006 at the Community Center at Great Cranberry Island.

Note: The public is encouraged to attend.

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