03-31-1969 Council Minutes-Special Mtg discussion

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�� Tape 1 Page 5 5pecial '"°eeting of the Villa�e Council , Niarch 31 , 196g �,'hitehead: Itd mueh rather see us try to deal with this particular aetion now, on the best basis we can, with the kno�vled�e that he has been a problem in the past . Searles : I want to ask a question , no�v, legally. Suppose we license plumbers. Suppose a plumber made a mistake , or intentionally violated law in hooking up a sewer of a house to one of our sewer mains, and because of this he was in violation of r;is license , and we said, we revoke yo��r present license . A year from then he ' s in co�.irt , and he ' s still contesting it. He cor�es up for a ne�v license to do the same sort of thing in Orono. �ould we be entitled to tell him that he could not hook up to the sewer in Orono? , because our experience with him had been such that we wouldn' t license him aoain. Whitehead: Normally you �vould be able to revoke the license for failure to obey. . . . Searles : And not issue the one the next year. �hitehead : Yah Searles : ��'e ' d have to use some judgement , wouldn ' t we? �hitehead : Correct Searles : B,��itt , I agree with that . �rhitehead : The point being here , the criminal action was continued in an effort to resolve ttie �ga��x marina' s pro�lem, not frustrate it , a.nd he , whic� means , forget about it, =,ltl;oi�gh you can ' t forget about the fact that certainly there �ere problems with this marina that did result in coi�rt action. That the amber light , and the trash outside, and in the past ye��r there have been problems witli other marina operators , some of �hich led to court action, and some of which dicin ' t. Searles : I agree with you, the point isn ' t in the litigation, it ' s to get a reasonable standard of public oper•ation of these marinas , th�t ' s the �vhole, . . Stubbs : �hat is the report on tYie number of slips hehas now, does anyone know? Searles : There ' re still there . Stubbs : IIe did not cut them back? Searles : No, there ' se still there . Whitehead: �;'ell , the court action was not resolved until after. . . Franzel : I guess the part that just completely baffles me is that if it was a clearcut case of ti.��here he put in more docks , why we h�,IIen ' t got some power to go and do it , or else to shut }�im down. �6hat I 'm wondering here , Marc, is if he has got more docks in there , �vhy can' t we com�letely deny his license at this point , and wait tzntil so:�e corrective action is taken, before the next consideration, a.nd inthe meantime, he doesn' t operate as a marina.