10-24-2016 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL Monday, October 24, 2016 7:00 o'clock p.m. 4. PUBLIC HEARING REGARDING THE CERTIFICATION OF DELINQUENT UTILITIES — RESOLUTION NO. 6685 (continued) Levang moved, Printup seconded, to adopt RESOLUTION NO. 6685, a Resolution for the Collection of Delinquent 2016 Water and Sewer Utility Service Charges, Recycling Program Fees, On-site Sewage Treatment (Septic) Program, Storm Water Charges. VOTE: Ayes 5, Nays 0. PUBLIC COMMENTS Penny Rogers, 1380 Rest Point Road, stated they attended the last Council meeting and that they listened to City Attorney Mattick talk about the legal fees associated with the lawsuit with the Nygards. Rogers noted the attorney indicated the fees were awarded to the City in that situation and that the Court also ruled in favor of the City as well with regard to the fence. Rogers stated the Court has pretty much affirmed the neighbors' and the City's lawsuits against the Nygards, which in her view means that they are doing the right thing. Rogers stated it was the right thing to sue the Nygards for installing a wind turbine along the property line, and that turbine is now gone. Rogers stated during that five and a half year period, Mr. Nygard put six more poles up on his property and they all violate the same City ordinances. Rogers stated they now have three more turbines on the property and the poles are on the neighbors' property lines. None of the poles are outside of the 10 -foot setback and are located within the 0-75 foot setback. Rogers stated the right thing to do is what the City has already been doing, which is to make the Nygards take them down. Rogers stated the poles and turbines are a nuisance to the neighbors. Rogers stated if the City is not going to enforce their ordinances, then the City should remove them from the books. Rogers stated they were told when the big turbine came down in January that the City was going to take action on the other turbines. In January, Council Member Walsh made a motion to vote on this issue and three of the council members abstained. Rogers stated they were floored by that action and that they did not understand it. Rogers noted Council Member Levang abstained from the vote and Council Member Printup indicated he was voting no because citizens move to Orono to be left alone. Rogers stated they want to be left alone but they do not want neighbors violating their property rights. Rogers stated Mayor McMillan has always been a firm supporter of the 0-75 foot setback, which is supposed to be sacred. Rogers noted Mr. Nygard has six poles in the 0-75 foot setback and that two of them have turbines on them. Another pole has a clothesline on it. Rogers stated his neighbors have to look at clothes when they want to look at the lake. Rogers stated all of the poles are in violation of the 0- 75 foot setback. Rogers stated something happened where the City went from pursuing the violations to ignoring them and that she does not understand what is going on. Rogers stated she is not sure if there is a third party influence that is going on but that it is not right. Rogers stated if the City is not going to enforce ordinances, they should get rid of them. Rogers stated the City is setting a really bad precedent regarding all these violations and that Mr. Nygard is being really defiant. Rogers stated she is not sure what their action plan will be going forward, but at some point the neighbors may be looking at legal recourse as well. Page 3 of 8