October 7, 2008 Selectmen's Minutes

<<< Return to Board of Selectmen -Minutes Selection Page

Board of Selectmen’s Meeting Minutes
October 07, 2008
Islesford Neighborhood House

Dan Lief, BOS Chair
Aaron Gray, BOS
Richard Beal, BOS
Eric Dyer, Facilities Supervisor
Denise McCormick, Town Clerk
Nanette Hadlock, Deputy Clerk
Eliza Greenman, Island Institute
Chris White, MAC
Phil Whitney, Harbor Committee
Karin Whitney
Bruce Komusin
Carl Brooks
Cynthia Lief
Evelyn Boxley
Joy Sprague
Audrey Hadfield
Colin Hadfield
I. Call to Order: 8:31 A.M. by Chairman Dan Lief.
Dedimus Justice Richard Beal announces the swearing in of Notary Public Denise McCormick as of this date.
II. Review / Approval of September 2nd & 18th Meeting Minutes
Richard Beal moves to accept the September 02, 2008 Board of Selectmen’s Meeting Minutes as written. Dan Lief seconds the motion, with a unanimous vote by Aaron Gray. Motion passes.
Richard Beal moves to accept the September 18, 2008 Special Selectmen’s Meeting Minutes as written. Aaron Gray seconds the motion. Motion passes.
III. Review / Signing Financial Warrants

Warrant # 45: $ 136,317.00
Warrant # 46: $ 6,554.67
Warrant # 47: $ 15,000.00
Warrant # 48: $ 4,564.33
Warrant # 49: $ 38,357.75
Warrant # 50: $ 183,054.86
Total: $ 383,848.61
All warrants were signed by the Selectmen.
IV. Communications
A. Daniel Pillegi, Esquire, Letter, Naming ROW
The Selectmen have received a letter, dated September 19, 2008, from Daniel Pillegi, Attorney for Great Cranberry Island Resident Jan Moss objecting to action taken by the Board in reference to naming a right of way at Great Cranberry Island. The letter asks the Board of Selectmen to reconsider its September 2, 2008 action, and compliance with the GCI Street Naming and Numbering Ordinance. The right of way is shown on tax map 16, lots 19 and 11.
At the September 02, 2008 Board of Selectmen’s Meeting, a motion was made by Richard Beal to name the right of way in question:
"Richard Beal moves that the private right of way that starts to the south of the general store, goes through the Moss Property and goes through the Wini Smart Property and goes to the Carter Property, ‘Spurling Cove Lane.’ Aaron Gray seconds the motion, with a unanimous vote by Dan Lief. Motion passes.”
On September 24, 2008, Selectman Richard Beal wrote a letter to Matt Worthen, Town Attorney. Mr. Beal’s letter speaks to the need for a physical address for each property where a structure exists and there is a telephone for emergency response reasons.
Mr. Beal’s letter asks for a draft letter response, which would contain:
a. A short description of how a right of way is created, and
b. Language which explains that all deeds to properties are the basis for development of our Town property tax maps, currently James A. Sewall Company, and
c. Language which explains that Mrs. Moss needs to formally amend her deeds with a new right of way based on agreement with Mrs. Wini Smart that provides revised, but similar in function, access to the Carter properties if she does not want this current right of way to be available in the future.
At the time of this meeting, no response has been received from the Town Attorney.
On September 25, 2008, Selectman Beal wrote a letter to Hancock County Sheriff’s Office concerning E911 Medical Emergencies for Great Cranberry Island. This letter followed a medical emergency where E911 was not considered by those who happened to be at the emergency site. The letter asks that the dispatchers be briefed that should they receive a Medical 911 from a Cranberry Island address that a couple of people should be called ASAF:
Karin Whitney (First Responder) 244-5933
Richard Beal (Constable) 244-7235 or 266-7235
Norman Sanborn (Fire Chief) 244-3624

All Residents for the Town of Cranberry Isles have use of E911. The important thing to remember is to let the dispatcher know which island the emergency is on. This will be necessary as numbering and addressing of structures is not yet complete. At Islesford, emergency personnel wear toners that the dispatcher can alert them with. At Great Cranberry, the emergency personnel do not wear toners, and a call down list is used to alert them.
Suggestions at today’s meeting include:

· Add Lorraine Bracy, EMT, to the call down list for Great Cranberry.
· Find out of Phillipe Donald’s emergency credentials and add his name to the call down list.
· Check Verizon and Regional Communications Center lists for accuracy of what residents live on what islands.
· Sutton Island needs a call down list established for their fire zone three.
· Great Cranberry Island Emergency Personnel to wear toners for emergency alert.
· To finish addressing and numbering for Great Cranberry Island and Islesford as soon as possible, top priority.
B. Colin D. Hadfield Letter, Manset View Easement
Colin Hadfield, Manset Resident, has asked the Town of Cranberry Isles to purchase a view easement for part of TCI property at Manset. The piece of land over which the view easement is sought is, from Sea Street, to the right of the former Brown House, now owned by Judith Hyers. Selectman Lief recommends that the Town Attorney should be consulted over this issue and the issue needs some study on the Town’s part. It would seem important that the Town understand the value of the property in question before any easements are agreed upon by the voters of Cranberry Isles.
V. Old Business
A. LCI Road Work
Selectman Lief suggests that when drainage projects are done in the future, a better job of talking with families first where work will be done. Mr. Lief also suggests that the Town needs a system for dealing with heavy truck usage on Town Roads. Some of our new culverts have been damaged already, such as the new culvert at the driveway to Luke Abell’s house on Islesford, and a culvert placed at Harding Point Road on to May Tom Road at Great Cranberry. Selectman Beal suggests that ordinances to control heavy vehicle use on Town Roads may be needed. The Facilities Supervisor will double check with John Goodwin in reference to culvert placement protocol.
Richard Beal moves to have ordinances put before the voters to accept state building codes, plumbing codes, and electrical codes for our Town. Motion does not pass.
Eliza Greenman is asked to coordinate with Lise Pratt and Emily Axelrod in reference to building codes, etc. for the Comprehensive Plan. The Deputy Clerk will be attending a session at the MMA Convention this week on building code updates. Any information pertaining to our situation will be shared. The Code Enforcement Officer could also be very good resource for this matter.
Personal responsibility and use of heavy equipment on Town’s Roads will appear on the BOS Agenda for November.
B. LCI Salt / Sand Shed
Two bids were received by the Selectmen for construction of the sand / salt shed building at Islesford:
1. East Coast Contractors: $36,049.55
Paving and electrical not included
2. Dunbar and Brawn Construction: $ 30,000.00 (Shed Doors)
Electrical included $ 31,000.00 (Roll-up Door)

Richard Beal moves to accept the Dunbar and Brawn proposal and to sign it now. Dan Lief seconds the motion, with a unanimous vote by Aaron Gray. Motion passes.
I. Health Care Initiative (Taken out of order by request)
Joy Sprague is here to speak with the Selectmen in regard to use of the soon-to-be vacant Town Garage building beside the schoolhouse at Islesford. A group of volunteer citizens has been meeting regularly at Islesford and have formed a Health Care Initiative with a goal of some on island healthcare. The group has asked the Town to consider the use of the old garage as a site for a health clinic. Eve Harrison, building contractor, has looked at the site for the proposed health clinic and produced written plans. All in all the building appears to be fairly sound and a good spot to consider for the health clinic. One concern is that the roof is leaking and in need of reshingling, and fifty year asphalt or a metal roof is recommended. Donna Weigle of the Swans Island Health Clinic has also visited the site and made suggestions as to equipment that may be needed and space to be used for what purposes.
The Selectmen generally agree to this proposed use but also wish to consider ownership of the building, other alternative uses for the building, repair and renovation costs that would be needed, lease times and amounts, and a definition of uses for a health care center. A public hearing is suggested to discuss the matter with residents of Cranberry Isles. Selectman Lief would like to see the health care initiative include both Islesford and Great Cranberry Island. Chris White suggests that the Longfellow School should also be considered for potential uses at the same time. Joy Sprague and Denise McCormick will coordinate a public hearing date.
C. LCI Municipal Garage (Old Business Continued)
Walls are up on the new municipal garage at Islesford, with the roof going on this week. It is hoped that the building will be finished in the next couple of weeks.
There is space for what could be a new town office if decided in the future. The building where the current town office is located is up for sale. Current rent amount is $550.00 per month, plus utilities. The Facilities Supervisor will go over the current town office lease to refresh for particulars. The Town Clerk will look into the possibility of hiring an architect for proposed plans for the available space. The Town is not deciding to proceed with the building of a new town office, however plans such as suggested in this discussion would make the Town more prepared if faced with the sale of the Town House by its owners.
GCI Dock Repairs
Final plans for GCI Dock Repairs were received by the Town on Monday of this week. Bid notices have been placed in the Mount Desert Islander and the Ellsworth American and are due at the end of the month. Richard Beal will be Clerk of the Works for the repair project. The Facilities Supervisor will forward a set of the plans to Selectman Beal for use during the project.
E. GCI Gravel Pit
A letter was sent by the Facilities Supervisor to Eve Harrison and Ben Moore in reference to dumping of a large amount of debris at the GCI Gravel Pit. Both parties have contacted the Town Office and admit no responsibility for the action described. It has been suggested to gate off the area of the Town Gravel Pit to limit access other than authorized personnel. Selectman Lief suggests that a quote to clean up the debris be sought, and a stump grinder be hired to do the job. A quote from the fence company is also desired. The Facilities Supervisor will report this research back to the Selectmen within the next month.
F. E911 Addressing
Official road names and numbers are of top priority for town projects at this time. Department of Motor Vehicles is now requiring a physical address to obtain a renewed driver’s license. Selectman Lief requests that numbering be completed within the next sixty days. It may be possible to use tax map and lot numbers for numbering on Baker, Bear, and Sutton Island. Outstanding roads to be named are down to private driveways, and notices have been sent to owners of these drives. The Town Clerk will work with the Deputy Clerk and Facilities Supervisor to the work needing to be done.
G. Private Road Naming
Private roads left to be named at Great Cranberry are down to five private driveways with multiple buildings. Notices were sent to the owners/abutters of the driveways, and prompt and immediate attention has been requested with this matter.
H. Manset Seawall
John Goodwin, JR Construction will begin work on the seawall project as soon as his projects on the islands are completed.
VI. New Business
A. Borrowing for Municipal Projects
The Town Treasurer has received rate quotes from The First Bank for borrowing of up to $245,000.00 for the Islesford Municipal Garage. At the November 15, 2007 Special Town Meeting, voters approved borrowing up to $170,000.00, and at the Special Town Meeting on May 20, 2008, voters approved borrowing an additional $75,000.00 for the construction of a municipal storage and garage facility on Little Cranberry Island.

Short-term, balloon/time financing rates:
6 month = 3.19%
9 month = 3.23%
12 month= 3.30%

Long-term financing rates:
5 years = 3.91%
10 years = 4.34%
15 years = 4.51%

The only outstanding note the Town has at this time is the Manset Debt.
Aaron Gray moves to borrow for fifteen years at 4.51% interest, as long as there are no penalties on prepayment if desired. Dan Lief seconds the motion, with a unanimous vote by Richard Beal. Motion passes.
A special selectmen’s meeting will be called if necessary for authorization of the loan.
B. Mandatory FOA Training for MAC and BOS
As of July 01, 2008, State Law MRSA 1 §412, all Elected Officials must complete the Freedom of Access Training. Training must take place within 120 days. Training may be done by reviewing information available on the State Freedom of Access website, www.main.gov/foaa/faq
After completing the review, all officials must complete a Certificate of completion, and have the certificate on file with the Town Clerk.
Municipal Officials that are required to take the training are: Board of Selectmen, School Board, Budget Committee Members, Town Clerk, Treasurer, Tax Collector, and any elected official in the municipality.
Certificates of Completion must be on file with the Town Clerk by November 01, 2008.
Richard Beal moves to require FOA training for Nan Hadlock, Eric Dyer, and Eliza Greenman. Dan Lief seconds the motion, with a unanimous vote by Aaron Gray. Motion passes.
C. 08 / 09 Septic Sludge Removal Contract
The Selectmen sign a contract with Haslam Septic Service for the disposal of septic sludge generated within the borders of the Town of Cranberry Isles in 2008-2009. Haslam Septic is recognized as a transporter of such waste to an end receiving facility. The Town will pay Haslam Septic $380.00 for the services in this Contract.
D. 08 / 09 GA Maximums Ordinance & Hearing
The Selectmen sign the annual General Assistance Ordinance for the period of October 1, 2008 to October 1, 2009. Help is available through the Town Office for those who qualify in times of need. The Seacoast Mission also administers The Keep Maine Warm Program for heating assistance.
E. Float Contract Extensions
A Float Contract Extension is signed by Richard Beal and Dan Lief with Chalmers Enterprises LLC to perform the fall maintenance for the Cranberry Isles floats at Manset.
Service terms:
Take down 4 floats, haul, and store at Cranberry Isles Manset parking area @ $175.00 per float $ 700.00

2 hours for barge @ $195.00 per hour $ 390.00

2 extra barge crewmen @ $50.00 per hour $ 200.00

1 1/2 hours labor to transport barrels and stage for floats @ $50.00 per hour $ 75.00
Total: $1365.00
The Facilities Supervisor will speak with Roy Hadlock, Float Contractor for floats at the Islands, in reference to a contract extension.
F. GCI Fire Department
Selectman Beal wrote letters to Great Cranberry Island Residents on September 09, 2008 stating concerns about the condition of the GCI Fire Department, (eight members, aged most over the age of 45, no certified firefighter training which would qualify the department to begin ISO firefighting certification. Presently the department is at Level 10, (the lowest ranking) and this has a direct bearing on the cost of each property owner’s homeowner fire insurance. The letter invites GCI Residents to write to the Selectmen with potential solutions for long term fire protection on Great Cranberry Island that are viable and which will be recognized by insurance companies.
One suggestion is that Islesford and Great Cranberry Island firefighters be encouraged to train together.
Another resident expressed concern over the lack of fire club meetings and trainings since 2005.
Carl Brooks suggests that any building codes proposed in the future should include maintenance of wild lands and wild fire danger and possibly mandatory lightening protection.
It may also be a reality at GCI that lack of manpower is a real reason for interest with the fire department.
Selectman Lief suggests that maybe some of the firefighters from GCI may like to go on the proposed training trip to Mississippi this year.
G. Baker Island Access and Lighthouse
The Selectmen have received notice that Baker Island Light has been determined to be excess to the needs of the U.S. Coast Guard. This property is being made available at no cost to eligible entities defined as federal, state and local agencies, non-profit corporations, educational agencies, or community development organizations, for education, park, recreation, cultural, or historic preservation purposes. In the event no applicant is approved for the no-cost conveyance of Baker Island it shall be offered for public sale. Historic covenants will be included in all deeds. The offer is for the tower only; the adjacent keeper’s quarters and most of the 123+ / acres Island are owned by Acadia National Park. The Aid to Navigation will remain the personal property of U.S. Coast Guard. The tower is also listed on the National Register of Historic Places and must be maintained in accordance with the Secretary of Interior’s Standards for Rehabilitation. Historic covenants will be incorporated into the Deed.
Another issue is the supposed restricted access to Baker Island by Baker Island. On September 24, Richard Beal wrote a letter to the Town Attorney asking for legal advice as to a right of way and rights for all persons to access Baker Island for recreational purposes. The Town Attorney is researching this issue at this time.
Selectmen Lief suggests that Acadia National Park be approached and asked about reported restricted access to Baker Island. Richard Beal will research this issue.
The Selectmen do not wish to pursue acquisition of the Baker Island Light Tower due to the high cost of maintenance which would become the responsibility of the owner. If any residents are interested in reconsideration by the Selectmen, research should be brought to the November Board of Selectmen Meeting. Deadline for a letter of interest must be mailed by November 25, 2008.
H. Spurling Point Cemetery
Selectmen Beal would like to see the old Spurling Point Cemetery at Great Cranberry Island restored. It is a revolutionary war cemetery, with no burials in over fifty years. Funding for restoration will be needed.

Richard Beal moves that the Town take possession of the old Spurling Point Cemetery. Aaron Gray seconds the motion, with a unanimous vote by Dan Lief. Motion passes.
I. Property Condemnation
Richard Beal has identified four buildings on Great Cranberry Island which are in a state of disrepair and falling down. Mr. Beal sent an email dated September 30, 2008 to Code Enforcement Officer Kimberly Keene, (and Dan Lief, Aaron Gray, Denise McCormick, Nan Hadlock, Attorney Matt Worthen) in reference to condemnation procedures.
Properties and photographs of the following are in question:
· Dr. Paul Liebow, Tax Map 14, Lot 22
· Marsoobian, Tax Map 14, Lot 01
· David Sordyl, Tax Map 10, Lot 07
· Sue Lyman, et al, Tax Map 06, Lot 01
An October 01, 2008 response was received from Ms. Keene which included Maine Revised Statutes relating to Dangerous Buildings. Ms. Keene is not sure who is supposed to enforce this law and suggests that the Town Attorney be asked.
Selectman Lief suggests that the owners of the properties be contacted with Mr. Beal’s concerns first before any legal actions are started. Mr. Beal will contact the owners.
VII. Other Business
· A letter dated October 06, 2008 from Rodney Wimer asks the Selectmen about an old winch that is located under the stairs in the middle bay of the Manset Property which Mr. Wimer believes was abandoned by a previous owner. Mr. Wimer proposes to buy this winch from the Town for a sum of $100.00 and if the offer is accepted, he will immediately remove the winch from Town Property.
Richard Beal moves to sell the winch to Rodney Wimer. Dan Lief seconds the motion, with a unanimous vote by Aaron Gray. Motion passes.
· It is reported that damage is occurring to the pilings at the Islesford Dock Restaurant when barges are leaning and bumping against them while using the Town Ramp during windy conditions. Barges are also tying up to the Restaurant Dock while waiting for their cargo. It may help to add some pilings beside the Restaurant Dock for the barges to use for turning purposes. It may be a consideration to move the ramp further away from the Restaurant Dock when ramps are replaced. Selectman Lief would like to see someone other than himself on the Board to speak with the barging companies. Selectman Beal suggests raising ramp fees to $7.50 for users. Currently the Town of Cranberry Isles charges $2.50 per use. The increase could help with maintenance fees on our ramps. Mount Desert currently is charging $7.50 per use.
Richard Beal moves to raise landing fees for the Town to $7.50 per use. Motion does not pass.
Selectman Lief would like to hear more input on this issue before agreeing to this motion. This item will appear on the November Board of Selectmen’s Meeting Agenda in order to notify those who are interested in attending.
· A public hearing is to be scheduled at the end of this month for the consideration of the D.O.T. Grant for barging ramps at Great Cranberry Island and Islesford, as well as required 80 foot gangways at Great Cranberry Island and Manset. Selectmen have previously decided to turn down the grant, however they have been asked to reconsider their decision by some Residents, the Facilities Supervisor and also the Harbor Committee.
J. Old Business, November BOS Meeting [ Reschedule)
Due to election day on the first Tuesday of November and vacation for Selectman Lief from November 05 - November 15, the November Board of Selectmen’s Meeting will be held on Wednesday, October 29, 2008 at Great Cranberry Island.
VIII. Audience Communications
· Selectmen will be getting a cover letter from Acadia Disposal District in reference to a renegotiated contract with E.M.R., as reported by TCI Representative Cynithia Lief.
· Selectman Gray suggests that once annually the Town post a notice and provide a white goods container at no charge to Residents for disposal. Selectman Lief suggests that this take place twice annually.
· $6500.00 is left in funds for the transfer stations. One need is to have a cover for one end of the compactor where the hydraulics are located. Another need is rusting on the surface of both compactors. The Town owns the compactors. The Facilities Supervisor is asked to make sure the rust is taken care of. Ed Gray has suggested that a cistern with pump and hose be installed to use for washing down the equipment. Gutters may also be needed on transfer station building. Selectman Gray suggests that once a week pick up of trash should be reinstated. The current contract only allows for pick up once a month. Selectman Gray suggests that if trash were picked up, then the attendant would not have to work the whole shift. Selectman Gray would like to see trash disposal more convenient for all residents. Selectman Lief also brings up the fact that the Town recycling is collected as mainstream, but EMR is not mainstreamed. More research is to be done on this issue for the next Selectmen’s Meeting. Mr. Lief suggests that a committee be formed that could work with the contractor on some of these issues in order to make things better as we go. This is not meant as criticism for the contractor, as the Town is pleased with the services.
· The Selectmen sign two proposals with H.G. Reed for work to be done on the heating system at the Marsh Building at Manset. One proposal is for redoing the return line and to replace and add purges and Flanges at an estimated cost of $ 935.00. The other proposal is to hook up the existing oil tank at an estimated cost of $ 1895.00. Costs include all materials, tax and labor. Selectman Beal asks the Facilities Supervisor to make sure that ball valve and filter are included for each tank.
· Quarterly reporting requests have been sent and are due for the October 29, 2008 Board of Selectmen’s Meeting.
· The Town Office will be closed on Wednesday, October 08 and Thursday, October 09 in order for office staff to attend the annual Maine Municipal Association’s Annual Conference.
IX. Adjournment: 1:15 P.M.
Aaron Gray moves to adjourn the meeting. Dan Lief seconds the motion. Motion passes.