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PC Exhibit Bn <br /> h <br /> MINUTES OF THE <br /> ORONO CITY COUNCIL MEETING <br /> Monday,Apri125,2011 <br /> .. 7:00 o'clock p.m. <br /> PUBLIC COMMENTS <br /> Dennis Walsh, 354 Rest Point Circle,thanked Aaron Printup for bringing some fisc ity to the City <br /> Council. Walsh c ented that Printup,being the top vote getter in the last elec ' n,vindicated his <br /> stance on fiscal respo ibility and that Mayor McMillan also brings with her cal responsibility. Wa1sh <br /> thanked David Rahn for dicating that no budget item is too small to loo t. Walsh commented that <br /> those two council members d the mayor are a good team and will b ' g some foresight to the Council. <br /> Walsh thanked Mayor McMillan bringing in transparency the City Council meetings by televising <br /> the meetings. The old council did not ant transparency they did not want the residents to know <br /> what was going on. Hopefully this new c uncil will c ge those attitudes. Walsh commented that when <br /> you observe a council member and the city a orn eating lunch together one day,it makes you wonder <br /> what is going on behind the scenes. <br /> Franchot stated as the council memb ho was havin lunch with the city attorney;both on their own <br /> nickel,there was nothing unusua oing on. Franchot co mented he is aware of Mr.Walsh's opinions <br /> -�� about the budget,but that he ould remind the Council the e simply opinions and that a lot of the <br /> /.'>>- <br /> things Mr.Walsh is assu ng are not true. <br /> Mattick noted t did have lunch together and that it is good for the ublic to know that he routinely <br /> receives pho calls from the council members and the mayor and that does occasionally meet with <br /> ciTy cou il members. Mattick noted there is an attomey-client privilege t t exists between himself and <br /> the c cil on certain matters and that not all of his conversations will be hel ' an open forum. <br /> PLANNING DEPARTMENT REPORT <br /> 6. #09-3411 DAVID FOX,1095 FERNDALE ROAD WEST-VARIANCE EXTENSION- <br /> RESOLUTION NO.6038 <br /> McMillan noted that typically you have 60 days to file for an extension prior to expiration of a variance. _ <br /> The variance expired in October of 2010 and it is now six months later. McMillan stated she would like <br /> to know how this should be handled from a legal point of view. <br /> Mattick commented that the 60 day provision is a relatively new ordinance provision and that it is <br /> intended to avoid an applicant coming in after their variance has expired and getting a full year renewal. <br /> The function of a vaziance or a CUP expiring is not something that is required by state statute or case law <br /> and it is something that has been implemented by Orono. The Council has codified that notion and said <br /> that if you apply within a year of the variance expiring,staff has the right to grant it. The language does <br /> not say that after that year it is automatically expired and you cannot do anything with it. After the 60 <br /> days have expired,Staff loses the ability to grant that extension. If Staff denies the extension,then the . <br /> applicant can appeal it to the City Council. The City Council does have the option to deny the extension. <br /> Mattick stated the City Council does have the option not to hear these sorts of appeals and not grant the <br /> extension if the application is past the 60 days. Mattick stated in his opinion the ordinance was put in <br /> place to try and streamline the extensions and to avoid bringing them before the Council. Mattick stated <br /> in his opinion this is an extension that would have been granted by the Council without much fuss at all <br /> and it is truly a timing issue. Mattick noted they have not encountered this situation before where <br /> someone misses a timeline. <br /> Page 13 of 25 <br />