By Michael Howell
After welcoming a request from local Girl Scouts at a previous council meeting to establish a no smoking zone in the Town’s Lewis and Clark Park, Town Council President Bob Michalson said it was “long past time” for such action and, with the Council’s consent, the Mayor proceeded to draft an ordinance prohibiting the use of tobacco products in town parks and recreation facilities. The proposed ordinance was then rejected unanimously on first reading at the Council meeting on Monday, April 23.
Councilor Ray Smith raised the question as to whether the ordinance would apply along walking pathways and on the bike trail to the river and questioned the enforceability of the ordinance. Councilor Robin Holcomb questioned how it would be enforced during Creamery Picnic. She said vendors would not be able to leave their booths unattended to go have a smoke.
Smith did move to adopt the ordinance, but said that he would like to add a waiver to it to cover events like the Creamery Picnic.
A couple of people spoke against the ordinance. Scott Miller said that it would be impossible to enforce and that it would bring “hardship and criminality” on someone who has done nothing to harm anyone else. He said the Girl Scouts were attempting “to use majority rule to bludgeon a minority.”
The Council then voted unanimously to defeat the ordinance.
The Council also voted to deny a request from the owners of the historic home at 100 College known as the Bass Mansion to establish a Bed & Breakfast in the four-bedroom house.
Mark Bateman, owner of the Stevensville Hotel, located in a commercial zone on Third Street, said that it was not fair to allow competition to his business to be developed in a residential zone. A neighbor to the proposed B&B said that she had lived there for 20 years and wanted the area to remain residential. She expressed concerns about parking and noise.
John Kellogg, president of the Planning and Zoning Board, which recommended approval of the B&B, said that after consideration of an alternative request for a conditional use permit to allow the house to be used as an event location for marriages, bar mitzvas and other celebrations, decided that the conditional use permit was problematic while the B&B proposal itself was acceptable since the Town’s zoning rules allow the development of B&Bs in residential zones. The Board recommended approval of the B&B under the condition that the permit be non-transferable, and that all applicable town permits be obtained, such as for parking, and that the B&B be licensed with the state.
But when Councilor Michalson moved to approve the permit he got no second. Councilor Stacie Barker said that she wanted to see a complete application first because the application stated “see attachments” but she did not think the attachments supplied adequate answers.
Craig Siphers noted that the house was used as a bed-and-breakfast in the past for a few years and generated no serious complaints.
Fire Chief Jeff Motley said that he reviewed the application and saw the “see attachments” in the application and said when he examined the attachments they appeared to provide the necessary information.
Councilor Holcomb said that she would like to see a parking plan.
Kellogg said that he believed the Council was confusing the idea of a conditional use permit for events with the request to operate a B&B. He said the Morgenthals were not looking to hold special events at the house at this time, they were only looking for approval of the B&B operation. They agreed that more research would be needed to determine the acceptability of its use as an event location.
Smith said it would mean approving something when they didn’t know what was really being planned.
The Council defeated the motion to approve the B&B on a 3 to 1 vote with Michalson voting in favor of it.
The Council also unanimously defeated a motion to apply for a CDBG grant to produce a Downtown Master Plan, including a plan for the parks and a site plan for River Park, and a preliminary engineering report on the installing water and sewer to the Airport.
Councilor Smith and Craig Thomas from the Airport Board expressed concern that the airport board had placed taxiway and other improvements ahead of water and sewer considerations and did not want to see money spent on studying installation of water and sewer when they have different priorities.
Main Street Director Lorraine Roach said that the grant money being sought was from Housing and Urban Development funds and could only be used for planning. She said approval of the grant would not take any money away from other airport improvement projects, because the money is only available for planning.
The Council voted unanimously to deny the request to apply for the grant.
In other business, the Council approved a resolution establishing fees for the municipal swimming pool; consented to the Mayor’s re-appointment of Maureen O’Conner as Municipal Court Judge; and the cancellation of the next Town. Council meeting that was scheduled on Memorial Day.