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