05-11-2015 Council Minutes - Laserfiche WebLink

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MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, May 11, 2015 7:00 o'clock p.m. CITY ADMINISTRATOR'S REPORT 16. APPOINTMENTS — RESOLUTION NO. 6512 Loftus stated last month the City received a request for appointment of fence viewers, which they indicated is spelled out in state statute. Loftus stated she did have a chance to talk about that with the City Attorney regarding the issue who might have more to add. Loftus noted the City has not previously appointed fence viewers as part of the City's annual appointments. Loftus stated if the City is interested in adding fence viewers, they will need to amend the resolution approved in January. Loftus recommended Jim Cornick and Lizz Levang be appointed as fence viewers. Mattick stated the reason this was not an annual appointment by the Orono City Council is that the state statute is really written for a rural setting addressing separation of fields and barbed wire fences. The statute is not really talking about privacy fences and really only pertains to partition fences. Mattick stated when the statute talks about what constitutes a partition fence; it talks about a barbed wire fence. Mattick stated to his knowledge Orono does not allow barbed wire fences. Gaffron stated he is not sure the City has a prohibition on barbed wire fences. Mattick stated the statute does require fence viewers but does not state how many. Staff is suggesting two individuals be appointed. Mattick stated in his view the statute is clumsily written and needs to be updated since it references terms that are outdated. Mattick stated in his view the statute is not meant for subdivisions but that the City could go ahead and appoint two people to act as fence viewers. Cornick asked if they have to work as a team or whether they can each do fence viewing on their own. Mattick suggested they work together as a team. Mattick noted there are some notice requirements and some determinations that need to be made on whether or not it qualifies as a partition fence. Walsh asked if the neighbors are also alerted. Mattick stated it would be the neighbor on the other side of the fence. Cornick asked if it would be wise to have a special vest or identification. Mattick stated as long as folks are notified they will be coming and a definite time is scheduled; he does not feel identification is necessary beyond that. Loftus stated the City does have some vests they could wear. Levang indicated she would prefer that. Printup moved, Walsh seconded, to amend RESOLUTION NO. 6512, a Resolution Designating Selected Appointments for the Year 2015, adding fence viewer. VOTE: Ayes 5, Nays 0. Page 22 of 25