|
�-��# 7 Tape 1
<br /> Page 6
<br /> Special bieeting of the Village Council , �iarch 31 , 1969
<br /> l�Yhitehead: He has app�ied for a number that is below the excessive level
<br /> that he has .
<br /> Searles : �Ie ' s changed the application to 158--he ' s 22 ��igher than �hat
<br /> was approved last year--he ' s changed it.
<br /> �Phitehead: Again, I don ' t want to give you any policy on that, but one
<br /> possible solution �vould be to grant it for the same thing as he had last
<br /> year, and we ' ll write him a letter, because certainly all this is on the
<br /> record. If he persists in ke:,ping the ezcess docks in there , and if this
<br /> is not good, we can try to bring an action to try and get thoseout of there. . .
<br /> Franzel : One thing, now, say that he starts opening up on niay 15, ov�r
<br /> here , can we go out and just put a padlock on his operation at tt,is �oint ,
<br /> if he ' s in violation of this�
<br /> �hitehead; You' dhave to bring an action.
<br /> Searles : A court can do that , but not us .
<br /> Franzel : You �nean, another six months , ��nother season goes by and �ve ' ll
<br /> be in the same boat as we were this year?
<br /> VPhitehead : You could perhaps get a temporary injuction a�:ainst him.
<br /> It ' s kind of hard to show irreparable harm . . .
<br /> Searles : Is it possible to grant this license at the 134 level with the
<br /> condition that the license is only good if this actual number of docks
<br /> are in existence on a certain date , say like the 15th of
<br /> hiay.
<br /> ti'6hitehead: It ' s not necessary, that ' s the law anyhow.
<br /> Searles : The law doesn' t seem to operate. The law doesn ' t seem to work
<br /> in this case .
<br /> Franzel : I don ' t follow you. I mean, if he �an go in and deliberately
<br /> put in 17 more than he ' s authorized to, and still keel� them going, well
<br /> now, why can' t �re go and do something? I mean, if a doctor goes out and
<br /> deliberately vio�ates the medical rule, believe me , he ' s not operating
<br /> tomorrow, and I mean, that ' s tomorrow, not. . . .
<br /> Searles : Same t� ing if you ' re driving a car, siarc, if you ' re going 60
<br /> in a 50 zone, the cop isn' t going to just �rave at you and say, I noticed
<br /> that you ' re goin� 6o--r;ush it up to 70, fella' , cause I can' t do an,ything
<br /> about it. He ' s going to have you over at the curb,
<br /> �fihitehead: ? I 'm s�,ying that perhaps the soltztion might
<br /> be , �� eveIll just have to see how all these things come 011t� but it might
<br /> be a little easier--you know my theory--you never solve any problems by
<br /> going to court. I ' d like to at least see , personally, the branting of
<br /> the number of slips which he �vas issued last year, and the year before ,
<br /> as I recall. . . .
<br /> �''ran�el : 1Pe11, are you saying, then, thatcome nsay lst in her� that if he
<br />
|