05-23-1977 Council Minutes - Laserfiche WebLink

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� • � R�GULA� MEETING OF THE ORONO COUNCIL, MAY 23, 1977 Page 52 STEWART PERRY MATTER (Continued) y "Motion, . ayes - 5 , nays - 0 . . "Butler rnoved, Welsh seconded, to remove lower tier • of ties and replace with standard riprap (12 inches to 18 inches) and replace lower wood decking, all sub- � ject to the other agencies and city engineer ' s recom- mendation, for Stewart Perry, 2975 Casco Point Road. � "Notion, ayes - 5, nays - 0 . " � The above final action by the council, as you know, was an � offer of settlement which you rejected . Since you rejected � that offer of settlement, this matter proceeded to court at which time I understand you pleaded nolcz contendere to the � charge of violating Section 31. 700 et. seq. of the Orono City Code. � . The City Council is willing to offer again that same offer of settlement to you. If you are willing to so alter the struc- tures and the shoreline, then there is no need to proceed with any court proceeding. If, however, you refuse to accept this offer, then the City of � Orono will defend its interest in this writ of certiorari and I have no doubt but that the city will prevail on the merits. I have no doubt for the following reasons: + l. Any discussion that you had with the City Council � or City Staff subsequent to your having been tagged for being� in violation of Section 31. 700 was a settlement discussion � and may not be introduced into any court as it is settlement discussion. The City Council ' s action of February 28 , 1977, was nothing other than an offer to you of� a settlement and a rejection by you of same. The City Council has yet to act on an application for a variance and conditional use permit for � � structure that you have erected and for the excavation and filling that you have completed. � 2 . I have no doubts but that the regulations of the � City of Orono related to the restricting of hard cover, struc- • tures, excavating and filling within 75 feet of the shoreline are valid. You may wish to review the regulations of the � T�finnehaha Creek jti'atershed District, the State Department of Natural Resources and the Army Corps of Engineers, all of which � are similar to those of the City of Orono. � . � (Continued)