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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, October 12, 2020 <br />6:00 o’clock p.m. <br />_____________________________________________________________________________________ <br /> <br />Page 16 of 24 <br /> <br />trying to do in the first place still a valid premise for the law, rule or ordinance? The more they <br />noted unique nuances that seemed to read against something else, they got stuck in terms of what <br />they are trying to regulate. Are boats in a front yard still a big deal? They are not sure. Do they <br />care about the 23 feet or does it matter if the boat is on a trailer? He noted all of these things had <br />been built in and they didn’t have the history on whether that was purposeful or if the City just <br />“stole” someone else’s ordinance. He noted they are looking for direction. <br />Mayor Walsh said it might be nice to know what other lake cities have in their ordinance for boat <br />storage and then receive feedback from someone like Mr. Anderson who has been dealing with <br />boats his entire life. <br />Crosby added they should look at what is enforceable and what is not. <br />Johnson asked if he was notified of the court case and the findings of it. <br />Barnhart clarified it is not a court case, it was a complaint that Orono sent to the prosecuting <br />attorney and the prosecuting attorney declined it. <br />Johnson asked if the Council was made aware of the issue as it occurred. <br />Barnhart believes he gave an update several months ago but probably did not go into the details <br />of the case, but he updated the Council that they had an issue with boat storage regulation. <br />Mayor Walsh remembers something in writing on that update. <br />Attorney Mattick clarified that what a prosecutor typically does is to issue a Declination Letter <br />saying “something was referred to me for my review” and if they thought there was probable <br />cause such as the facts being present, they would swear out a criminal complaint. If the <br />prosecutor felt that the way the law is written they cannot proceed under this law, they issue a <br />decline letter and that is what happened in this situation. <br />Johnson asked for that to be sent to him. <br />Mr. Anderson asked Attorney Mattick regarding the details of the court case, could it be that the <br />person had three 30-foot boats behind a fence and it wasn’t an enclosed building? <br />Attorney Mattick replied no, they are talking about a boat in a front yard. <br />The Council agreed to put this item on the agenda for an upcoming work session discussion. <br />20. LA20-000065 – CITY OF ORONO TEXT AMENDMENT RELATED TO <br /> DRY- BUILDABLE DEFINITION <br /> <br />Barnhart is looking for two actions tonight: approval of a summary ordinance and authorization <br />to publish the new subdivision code which is 39 pages. He noted it will be fairly expensive and <br />they get around that by publishing a summary ordinance and meet the publishing requirements <br />there. He noted the next item is a bit of carryover from last month when the Council approved