03-22-1993 Council Packet - Laserfiche WebLink

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LMCI) HOARD or D!Ki:CTORS I’cbruary 2‘l, i • r.*i V 4 1 ii 5. I^akesiiJc Marina, Maxwell Bay. Orono Baf>cock explained the Committee recommendation that action be taken recardiny Lakeside Marina’s advertisitic of unlicensed off-lake storage for "unlimited in and out" launching. Ihc Hoard received a co[)v of a letter, dated 2/19/93. from the executive director to James Dunn. Lakeside Marina. Inc. The letter was sent certified mail and there has been no resf)onse. 'I’he executive director explained that a year age the L'lCD communicated with Dunn on a similar circumstance. The Lakeside Marina grandfathered boat storage density does not allow these additional boat storage facilities. The letter serves as notice that if Lakeside continues to advertise it will be jeopardi7ine its license. LeFevere added that while there is no evidence of a violation at this time, the marina has not a[)plied for its luuj license. When Lakeside does apply, he said, it might be appri)- priate to put some additional reporting or e n f o r ceme r t - t v j>e conditions oti the license alone the lines outlined in the .i/1'*/'.! letter. If the marina does not meet those conditions it won hi be additional grounds for suspension or revocation of the license. Burr said Orono is aware of tlie issue. To dale Lakeside Marina has not violated anything, so no action is necessary at this time. The executive director said an Orono staff member indicated the city is supportive of the LMCD actions. Foster said he cannot understand why there cannot be strict enforcement based on the advertisement. LeFevere said the Hoar<l has a number of choices. 1) Criminal enforcement is usually tried first because it is relativel” '•uick and less expensive. 2) Civil action can be taken, seeking a court order to brine the Marina into compliance. 3) The Board could begin revocation pro ceedings or susi>ension of the license. Revoking the license would be the most effective as it would affect the grandfathered status of the Marina. If they did not comply, a court order would be needed to force them to cease operating. Hurr explained the difficulty she and Thibault last year in trying to determine if there was an off violation at the marina. She said boat covers made to see license numbers and without notice before hatui the work was not available as to wh” the boats were there, i.e experienced lake storage it il i f f i cu I f pa pel . for sale, mechanical work or storage. Foster questioned giving notice. LeFevere said Lakeside Marina does not have to provide records, but that could be made part of licensing conditions set by the Hoard. Foster said he would like to have staff pref».ire a list of conditions to pul on the license when it comes up for renewa1. Johnstone asked what kind of test the Water Strueture ‘'om- mittce uses in recommending license renewal. Hurr responded the conditions under which a license is granted have to be met. LeFevere explained that a renewal without change docs not lequire hea r i nu of any k i nd . 1 he ap (> I i can l is en t i l I ed t o a I i ce*iise t o extent as firevious yeais. unless conditions arc elianee'd. low watei. The Hoard goes through the afM»rova( process a the same such as