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2010/12/21 Minutes
Sebago Mooring Regulations Ordinance Committee

Minutes from Meeting of December 21, 2010

Meeting opened at 6:06 pm with 20 people in attendance.

In attendance were Committee members Dick Perry, Phil Lowe, Bob DeVilleneuve, and Allen Crabtree.  Absent were Bruce Hart and Jim Smith. Tina Vanasse took notes.

Guests present were Gene Rowe, Bruce Weymouth, Ann Farley, Ramona and Gary Sleeper, Sherry Miller, Claudia Lowe, Joseph and Ann McMahon, Jim Otis, Charles Fuller, Linda and Jim Panzera, Deanna Valente, and Jim Gillis.

Tina Vanasse took notes – these are her minutes of the meeting, with a few amendments.  Thank you Tina.  
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Allen gave a summary of the process to adopt an ordinance and the procedures he is using to include the public in communications to keep the work of the committee moving forward.
Ordinance Adoption Process
ü       Draft language
ü       Bring before the Board of Selectmen
ü       Review by lawyers
ü       Public hearings
ü       Town meeting
ü       Implementation

Ø       Objective of the mooring ordinance is to safely, fairly and objectively meet the needs to moor boats and water craft in the waters of Sebago Lake that are within the jurisdiction of the Town of Sebago.
Ø       The public continues to be encouraged to contact Allen via e-mail with any ordinance concerns.  Theses e-mails will be sent to all individuals on the established contact list and the sender will be added to the contact list unless otherwise designated.
Ø       Any concerns regarding mooring issues should be sent to Bruce Hart @ bhart@maine.rr.com

And finally during the meeting any questions and/or comments should be directed to the chairman of the committee, Allen; there should be no personal attacks; comments should be objective and limited in length to ensure as many as possible can participate.

Information shared regarding questions and procedures about commercial moorings at the Long Beach Marina:

Ø       1988 there were 36 potential moorings according to Planning Board notes
Ø       1989 Correspondence from the Planning Board to the marina owners that they needed to come before the Planning Board with a site plan.  This was never acknowledged.
Ø       It is already an established procedure that if there is to be any change in a commercial enterprise said commercial enterprise must present a site plan change to be reviewed by the Planning Board for approval.

The present Mooring Ordinance does not pertain to commercial moorings.  Commercial moorings will fall under Planning Board jurisdiction.  The draft Mooring Ordinance would defer questions on commercial operations to the Planning Board.  Once they make a determination on site plan review, including the number of moorings, the Harbor Master under the Mooring Ordinance would set the placement of those moorings

Discussion began with reviewing the language and content of the Mooring Ordinance Draft at Section 7.4, Designated Mooring Zone.

ü       Draft seen as a template to work from
ü       Do away with 80’scope; scope can change due to conditions of a given site
ü       Rewording needed regarding mooring not being used for a season, i.e. illness
ü       Concerns regarding different regulations for the different zones
ü       7.4 (b)(iv) take out “non resident, non taxpayer” from priority list for permits - Augusta may want it back in.
ü       Use definitions in the document to clarify 7.4 (f)(iii) “Swim areas”
ü       Once mooring site approved is there a need for “annual” in 7.4 (b)?
ü       A mooring is permanent but need “annual” to accommodate all who want moorings when the number of moorings is less than the number wanting them.

Major concern that a mooring is a given right that is part of map lot and number – great deal of discussion “pro and con”

ü       Number of moorings are a finite resource with an increasing demand
o       DMZ will have a waiting list; any unused moorings reassigned as well as any mooring where the annual permit is not filed.
o       Blank applications sent out to be mailed back – perhaps an incentive to mail back early
o       Present mooring owners will maintain their moorings but will have to reapply for a permit annually
ü       Can’t deed anything you don’t own: state owns the lake bottom
o       Need legal advice to clarify mooring site language
ü       Associations could set up mooring plan and monitor the mooring field with designated representative to report to CEO
o       Present associations are not set up to handle mooring issues
ü       Historic mooring areas like Long Beach: can make own rules, police themselves and be given priority attention for moorings
ü       Vested moorings from 12/31/06 rather than 6/1/07 (Section 7,4(m)).

It was suggested that under Section 9 penalties need to add Class A crime.  
Water safety zone described and accepted under “rule” change at the state level rather than through the legislature. Thus must go through “rule” to define anchorage as suggest by George Powell.

Need to clarify implementation of the ordinance (Section 11)

Board of Selectmen need to have the freedom to add to the ordinance as it becomes necessary (i.e. – adjust permit fees) – Section 8 language.

Other questions raised:

ü       Can the town override deeds?
ü       Is right to water deed different from right to mooring deed (bii)?
ü       Fairness of differed fees for different zones?
ü       7.10(i) Swim Areas - check legality by qualified entity
ü       Research mean high and low water mark because it makes a difference in amount of anchorage space
ü       Question necessity of an Advisory Board
ü       Long Beach and Safe Harbor main areas of concern; at present leave other ponds alone for the time being
ü       “Scripted rights”; legality issue to be discussed with town attorney

Funding project: Considerations of the project and position
Ø       Part-time seasonal job
Ø       Inspecting moorings
o       Town owns a boat
o       Only hire equipment as needed
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Meeting adjourned at 8:20 pm.  The next meeting will be held on Thursday, January 13, starting at 6pm.