08-10-2015 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, August 10, 2015 7:00 o'clock pm. 4. REQUEST FOR ADMINISTRATIVE APPEAL: NYGARD FENCE VIEWING (continued) The City also said how one tree has impacted the integrity of the fence and that the fence does not appear to be perfectly vertical, which it is not. Nygard stated the City also said the fence is not in danger of falling over. Nygard stated, however, that all it took was the last windy storm and the fence is falling over. Nygard stated it is gone from being somewhat vertical to being less vertical and that he does not know why the City wrote that. Nygard stated the fence is not safe and is falling apart. Nygard noted he submitted these documents to Council Members Levang and Cornick, which includes the information he has already relayed tonight. In addition, City Staff has known that the fence has been under investigation since September 17, 2012. Nygard asked how long it takes the City to investigate a fence. Nygard indicated he even has an e-mail from City Attorney Mattick in response to his request for a fence viewing where the City Attorney counseled City Staff not to give him his statutory obligatory fence viewing. Nygard stated it is a little disappointing to him that with everything he has had to go through with this City to try to practice his legal right to harvest the wind, that with something so obvious, the City admits is obvious, knows it is wrong, but they are still dancing around in circles to leave it there. Nygard stated another issue that really frustrates him the most is that the council members went over and talked to Mr. Lanpher during the fence viewing. Even though the documents state the fence is illegal, has been from day one, and Mr. Lanpher was denied a variance previously, the council members encouraged Mr. Lanpher to apply for a variance again even though he had already been denied a variance. Nygard questioned how many times they have to fight the same battle. Nygard stated all the city council people are doing is having City Staff waste time and money and that they are encouraging lawsuits by not following the law and the ordinances. Nygard stated he would like to request one more fence viewing since the fence has fallen further over and that maybe this time the City can follow state statute, which says on or near a property line is a partition fence. City Attorney Mattick asked if Mr. Nygard has admitted he has never contributed any costs to the fence. Nygard indicated that is correct. Mattick asked if the fence as it is standing was ordered by the City to be built by fence viewers originally. Nygard noted the City did not even know what fence viewers were. Mattick asked whether to Mr. Nygard's knowledge the fence was ordered to be built by the fence viewers. Nygard indicated he is not aware of what the City did. Mattick asked if there is any current maintenance agreement with Mr. Lanpher regarding the fence. Nygard stated the fence has never been maintained except by him. Nygard stated the fence was full of mold on both sides until they covered their side up and that the fence is falling over. Page 4 of 32