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MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> JANUARY 23,2023 <br /> 6:00 o'clock p.m. <br /> Benson said what's needed to have been said on this issue has already been said. I'm in agreement that it's <br /> important to follow the code as it relates to the setback here with regard to hardcover. <br /> Crosby said he'd be in agreement.It's unfortunate,but I think you said it fairly well.If you'd shrunk the <br /> size of the house,you would have had more room for the things that you need as far as driveway is <br /> concerned.But it has to be enforced. It's in the code. <br /> Mattick said in terms of that aspect,the resolution itself can deal with the land use item and the denial of <br /> the application. The rest of it is something that we can sort out at least administratively, once we start <br /> talking to the property owner about timelines,because that that is potentially an enforcement item. So I <br /> would leave that out of the resolution. <br /> Johnson moved,Seals seconded,to direct staff to prepare a resolution to deny LA212000051,3600 <br /> Ivy Place,after-the-fact Variances VOTE: Ayes 5,Nays 0. <br /> Curtis said there was no further community development report. <br /> FINANCE DIRECTOR REPORT <br /> Finance Director Olson said he had nothing to report. <br /> CITY ATTORNEY REPORT <br /> Attorney Mattick said he had two items.We do have a closed session so I will leave those items alone. I <br /> do want to point out a correction,however, on the closed session.It does list Jay Nygard,with the city of <br /> Orono. That should be Kendall Nygard. Otherwise,the caption on that is correct. This second item I <br /> wanted to touch on is confusion or some follow-up discussion that I think needs to be had on the idea of <br /> an abstention. It came up on our vote last week with councilmember Benson.And what I wanted to <br /> clarify was that when I'm asked about an abstention, a council member has a right to abstain.But from my <br /> perspective,when I'm trying to figure out what the nature of abstention is-- is it I simply don't want to <br /> vote on it.I don't feel prepared. I don't have the information? Or is it a conflict of interest?And so at the <br /> last meeting, I did want to sort out whether there was a conflict of interest. There wasn't in my <br /> understanding and speaking with you. So a council member regardless has the right to abstain,but it does <br /> matter on the conflict side of things. Because if someone has a conflict, it reduces the number of the <br /> council.You sit here as a five-member council. If someone has a conflict that prevents them from voting, <br /> you become a four-member council,because you have a recusal.If it's I don't feel prepared or I'm not <br /> willing to vote on it at this time the council remains as five which is why I talked about how it has the <br /> impact of being a no vote because we need so many affirmative votes. And if you don't get them either <br /> because of noes or abstentions,the vote can fail. So I did want to clarify,we cannot compel someone to <br /> vote;we cannot compel them to vote yes or no. They have the right to abstain. To me, it matters on why <br /> the abstention,which is why I started my analysis on that. Councilmember Benson,I don't know if there <br /> was anything else you wanted to address. <br /> Benson said she had her own thoughts on that, which she can do at the end of the meeting. <br /> Page 6 of 12 <br />