2004 Cranberry Isles Report
by Richard Beal

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

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

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

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

"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"

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

Board of Selectmen's Meeting
Town of Cranberry Isles

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

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

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

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:	Amount	Warrant #
Acadia Health Care	$350.00	23
School Payroll & voucher	$26179.49	24
Bills	$21,456.92	25
Bills	$6,235.32	26
Town of Cranberry Isles	$100,000.00	4A (Transfer between accounts)
Bills	$8,231.29	27
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."

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:

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.

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:

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