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M 10-16-89TOWN OF LOS GATOS CALIFORNIA TOWN COUNCIL/PARKING AUTHORITY AGENDA OCTOBER 16, 1989 TOWN COUNCIL The Town Council/Parking Authority of the Town of Los Gatos met in the Council Chambers of Town Hall, 100 E. Main St., at 8:15 p.m., Monday, October 16, 1989, in regular session. ROLL CALL Present: Eric D. Carlson, Thomas J. Ferrito, Robert L. Hamilton, and Mayor Joanne Benjamin. Absent:Brent N. Ventura. PLEDGE OF ALLEGIANCE Given by all in attendance. PRESENTATIONS/PARKING COMMISSION/DR CHARLES DE FREITAS/BERT MILLEN Mayor Benjamin presented Commendations for Community Service on the Parking Commission to Dr. Charles DeFreitas and Bert Millen. SCHEDULE OF PUBLIC HEARINGS Council approved informational report regarding currently scheduled public hearing. COUNTY REFERRALS Council approved informational report regarding previous referrals and appeals on the following properties: 3687-36-50-88G- Hicks Road Fee Design Review No Action 88B-88V-88OR Variance Required 141-34-51-78B- Diduca Way Tavakolinori Design Review Staff Direction 87G-87B-87DR-89G Grading Required CODE COMPLIANCE/QUARTERLY REPORT/FIRST QUARTER/7-89 THROUGH 9- 89 Council approved informational report from code compliance officer for the first quarter of 1989-90. PAYROLL/RATIFICATION/OCTOBER 6,1989 Motion by Mr. Hamilton, seconded by Mayor Benjamin, for ratification of Payroll in the amount of $209,715.91 for the period of September 17, through September 30, and paid on October 6, 1989. Carried by a vote of 4 ayes. Mr. Ventura absent. ACCOUNTS PAYABLE RATIFICATION/SEPTEMBER 29, AND OCTOBER 6, 1989 Motion by Mr. Hamilton, seconded by Mayor Benjamin, for ratification of check register in the amount of $150, 534.23 for accounts payable invoices paid on September 29, 1989 and check register in the amount of $90,217.16 for accounts payable invoices paid October 6, 1989. Carried by a vote of 4 ayes. Mr. Ventura absent. ALCOHOL LICENSE TRANSFER Council accepted report regarding transfer of alcohol beverage license at Il Nido, 160- 170 West Main St., and Mount Everest, 412 North Santa Cruz. Ave. EXCAVATIONS IN NEW PAVEMENT/TOWN CODE/SECTION 26-24.5 Council approved report regarding excavation or pavement cuts in newly installed paving. MIRASSOU CHAMPAGNE CELLARS/CONDITIONAL USE PERMIT Council accepted informational report regarding Mirassou Winery's legal nonconforming use. CRIPPLED CHILDREN'S SOCIETY/TOWN LOT/LARK AVE. & WINCHESTER Motion by Mr. Hamilton, seconded by Mayor Benjamin, to approve applicant's request for temporary use of the vacant Town owned lot located at the corner if Lark Ave. and Winchester for a fundraiser. Applicant shall meet with all two requirements. Carried by a vote of 4 ayes. Mr. Ventura absent. YOUTH PARK DAY/NEW YORK AVE. CLOSURE Motion by Mr. Hamilton, seconded y Mayor Benjamin, to approve the closure of New York Ave. as requested on Saturday, October 28, 1989, between 8:00 a.m. and 2.00 p.m. for the Annual Youth Park Day. Carried by a vote of 4 ayes. Mr. Ventura absent. CHILDREN'S CHRISTMAS-HOLIDAY ANNUAL PARADE Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council approve the request of the Los Gatos Chamber of Commerce and the Los Gatos Lions Club to hold the 33rd Annual Children's Christmas-Holiday Parade on Saturday, December 2, 1989, and approve the expenditure of approximately $7,200.00 in staffing costs in support of this community event as based on established precedent. Carried by a vote of 4 ayes. Mr. Ventura absent. PREFERENTIAL PARKING DISTRICT/PERMITS/NON-REFUNDABLE FEES Motion by Mr. Hamilton seconded by Mayor Benjamin, that Council grant conceptual approval to establish a non-refundable fee for special event and replacement passes in preferential parking districts. Carried by a vote of 4 ayes. Mr. Ventura absent. FARLEY ROAD 16920/REVOCABLE ENCROACHMENT PERMIT/FENCE AT FRANK AVE./RESOLUTION 1989-189 Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council approve the revocable encroachment permit to allow the use of a portion of the public right-of-way along Blossom Hill Road for construction and maintenance of concrete sidewalk and adopt Resolution 1989-189 entitled, RESOLUTION OF THE TOWN OF LOS GATOS AUTHORIZING TOWN ENGINEER TO ISSUE A REVOCABLE ENCROACHMENT PERMIT FOR CONSTRUCTION OF A CONCRETE SIDEWALK ON FRANK AVENUE (BEHIND 16920 FARLEY RD). Carried by a vote of 4 ayes. Mr. Ventura absent. SISTER CITY COMMITTEE/COMMENDATION FOR SERVICE/DALE CHAMBERS/RESO. 1989-190 Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council accept the resignation of Dale Chambers from the Sister City Committee and adopt Resolution 1989-190 entitled, RESOLUTION OF THE TOWN OF LOS GATOS COMMENDING DALE A. CHAMBERS FOR HIS SERVICE ON THE SISTER CITY COMMITTEE. Carried by a vote of 4 ayes. Mr. Ventura absent. TRACT 8255/DEL CERRO GARDENS/FINAL MAP APPROVAL/RESOLUTION 1989- 191 Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council adopt Resolution 1989-191 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING FINAL MAP OF TRACT NO. 8255, and authorize execution of the contracts for public improvements. Carried by a vote of 4 ayes. Mr. Ventura absent. NEW YORK AVE. VACATION/MARIA'S BERRY FARM/RESOLUTION 1989-192 Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council adopt Resolution 1989-192 entitled, RESOLUTION OF INTENTION TO VACATE A PORTION OF PUBLIC RIGHT-OF-WAY CALLED NEW YORK AVENUE (FROM THE STATE RIGHT- OF-WAY FENCE TO 230 FEET SOUTHEASTERLY). Carried by a vote of 4 ayes. Mr. Ventura absent. TOWN CLERK COMPENSATION/RESOLUTION 1989-193 Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council adopt Resolution 1989-193 entitled, RESOLUTION OF THE TOWN OF LOS GATOS ESTABLISHING THE COMPENSATION FOR THE ELECTED NON-ELECTED DUTIES OF THE TOWN CLERK. Carried by a vote of 3 ayes. Mr. Ferrito voted no. Mr.Ventura absent. FOSTER ROAD 17810/APPEAL PC APPROVAL/POLITI/YOUNG/RESOLUTION 1989-194 Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council adopt resolution 1989-194 entitled RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DECISION TO APPROVE PLANS FOR CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE IN THE HR-2-1/2 ZONE (17810 FOSTER ROAD POLITI/YOUNG), which incorporates the findings and decision of the Town Council at its meeting of October 2, 1989. Carried by a vote of 4 ayes. Mr. Ventura absent. BROOKE ACRES DR 211/APPEAL PC APPROVAL/GOLDBERG/PULLEY/RESO 1989-195 Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council adopt Resolution 1989-195 entitled, RESOLUTION OF THE TOWN OF LOS GATOS DENYING APPEAL OF PLANNING COMMISSION DECISION TO APPROVE PLANS FOR CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE OF PROPERTY IN THE R- 1:30,000 ZONE (211 BROOKE ACRES DRIVE - GOLDBERG/PULLEY), which incorporates the findings and decision of the Town council at its meeting of October 2, 1989. Carried by a vote of 4 ayes. Mr. Ventura absent. CDBG COUNTY-CITY CONTRACT FOR 1989-90/AGREEMENT/RESOLUTION 1989- 196 Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council adopt resolution 1989-196 entitled, RESOLUTION OF THE TOWN OF LOS GATOS APPROVING COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT BETWEEN THE COUNTY AND THE TOWN OF LOS GATOS FOR FISCAL YEAR 1989-90 AND AUTHORIZING EXECUTION OF AGREEMENT. Carried by a vote of 4 ayes. Mr.Ventura absent. HORSE-DRAWN VEHICLES/TOWN CODE/CHAPTER 29/ARTICLE VI/ORDINANCE ADOPT Motion by mr. Hamilton, seconded by Mayor Benjamin, that Council adopt Ordinance entitled, AN ORDINANCE OF THE TOWN OF LOS GATOS ADDING ARTICLE VI TO CHAPTER 29 OF THE LOS GATOS TOWN CODE RELATING TO REGULATION OF HORSE-DRAWN VEHICLES, which was introduced on October 2, 1989. Failed by a vote of 2 ayes. Mr. Ferrito and Mr. Carlson voting no. Item will be continued to November 6 1989. WRITTEN PROMISE TO APPEAR/TOWN CODE/CHAPTER 1/SECTION 1-9/ORDINANCE 1799 Motion by Mr. Hamilton, seconded by Mayor Benjamin, that Council adopt Ordinance 1799 entitled, ORDINANCE OF THE TOWN OF LOS GATOS AMENDING CHAPTER 1 OF THE TOWN CODE BY AMENDING SECTION -9 RELATING TO WRITTEN PROMISE TO APPEAR, as introduced on October 2, 1989. Carried by a vote of 4 ayes. Mr. Ventura absent. CLOSED SESSION Mary Jo Levinger, Town Attorney, reported that Council had in Closed Session prior to this evening's meeting pursuant to Government Code Section 54956.9 (a) to discuss Pending Litigation regarding Kang Ming Ho vs. Los Gatos Town Council. There is no report from that discussion other than additional attorney's fees were authorized in that matter. Pursuant to Government Code Section 54956.9 (b) Council made a finding of significant exposure to litigation and then discussed claim regarding Mobilehome Rent Control. There is no report from that discussion at this time. There will be something on the next Council agenda related to this item. Pursuant to Government Code Section 54956.9(c) Council met to discuss Institution of Litigation involving the following matters: Route 85: There is no report Library acquisition: There is no report. Cable TV Franchise Agreement: There is no report, other than Council will engage outside attorney in this matter. Council also met to discuss a personnel matter. There is no report from that discussion. VERBAL COMMUNICATIONS/JULENE DEE PIEF Julene Pief, 47 W. Roberts Road, discussed the possibility of the 300 Blossom Hill Road development being a potential archeological resource area. She would like Council to take formal consideration of this matter. HEARINGS FOSTER ROAD 17975/GUADALUPE COLLEGE/TIME EXTENSION/APPEAL/HEARING Council removed this item from the agenda since court's decision has made this hearing moot. FARLEY ROAD 16810/BUILDING CODE APPEAL/NEIMEYER/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider appeal of the Building Department's decision requiring a foundation for a secondary unit for property located at 16810 Farley Road. (Neimeyer). There was no one from the audience who wished to address this issue. Motion by Mr. Carlson, seconded by Mr. Ferrito, to close the public hearing. Carried by a vote of 4 ayes. Mr. Ventura absent. Motion by Mr. Carlson, seconded by Mr. Ferrito to deny the appeal due to the fact that Council has received a letter dated September 29, 1989 withdrawing the appeal. Carried by a vote of 4 ayes. Mr. Ventura absent. PLAZA LA POSADA 241/APPEAL PC APPROVAL/OWNER MC MACKIN/APPELLANT GEORGE/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider the appeal of a decision of the Planning Commission in granting the approval of plans to construct a new single family residence in the R-1:10,000 zone, S-89-35. Property located at 241 Plaza La Posada. Property Owner, Michael and David McMackin. Applicant, Ronald J. Haas. Appellant, E.J. George. There was no one from the audience who wished to address this issue. Motion by Mr. Carlson, seconded by Mr. Hamilton, to continue this item to November 6, 1989 due to a request received by Council from the appellant. Carried by a vote of 4 ayes. Mr. Ventura absent. GREENRIDGE TERRACE 16070/FISH APPEAL OF COUNTY HEALTH OFFICER/GROUND WATER/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider Duane and Susan Fish's appeal of the Santa Clara County Health Officer's decision concerning ground water as the possible cause for tree damage on their property. There was no one from the audience who wished to address this issue. Motion by Mr. Ferrito, seconded by Mr. Hamilton, to continue the hearing until November 6, 1989, to receive information from the Regional Water Quality Control Board. Carried by a vote of 4 ayes. Mr. Ventura absent. SOLID WASTE COLLECTION SERVICES AND CURBSIDE RECYCLING PROGRAM/UNLIMITED COLLECTION/GREEN VALLEY/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider Solid Waste Collection Services and Curbside Recycling Program including unlimited collection. Mayor Benjamin asked for questions of staff. Mr. Carlson asked for discussion on what the recommendations are regarding the issues. (1) Recycling, (2) Unlimited Collection, (3) Rates. Mayor Benjamin clarified the three recommendations for those present. Mr. Ferrito asked that the three issues be separated and voted on independently. Mayor Benjamin indicated that the Town had gone out for Bid so that the Town would get a recycling program that was competitive. Those wishing to speak on the first issue of Curbside Recycling were: Richard Gaines Spoke in favor of the program but indicated his concern with the rate. Mr. Ferrito agreed with some of Mr. Gaines's comments regarding waste. He stated that there was a major problem which was basically the generation of waste and what we are going to do with it. Mr. Ferrito indicated that the Council would be dealing with these problems. He also felt the Council was doing a good job in dealing with all concerns in this area. The council agreed that it was a total global problem and that they had been dealing with the recycling concerns for quite some time. He stated that it was said to be cost effective. There were no further comments from the audience regarding the Curbside recycling issue. Motion by Mr. Carlson for consensus, seconded by Mr. Ferrito to adopt a Resolution amending the franchise agreement with Green Valley Disposal to include mandatory curbside recycling. Carried by a vote of 4 ayes. Mr. Ventura absent. UNLIMITED COLLECTION/HEARING CONTINUED Mayor Benjamin asked for a report from staff regarding the difference between limited service and unlimited service. Staff recommended unlimited service with the feeling that there would not be a significant amount of increased waste for the landfill. The unlimited service, however, would only be appropriate if curbside recycling was adopted at the same time. Staff indicated that the City of Campbell's unlimited service was less due to the fact that it was supported by a commercial base. Mr. Ferrito questioned whether any of the rates quoted had been adjusted to remove the commercial subsidy so that the actual cost could be determined. Staff indicated that information could be compiled. Those wishing to speak regarding limited service vs unlimited service were: Delores Simone, 248 Old Adobe Rd. Ms. Simone submitted a petition in favor of unlimited service. Mr. Ferrito asked if the people who signed the petition are aware that they will have to pay for the service. Mr. Carlson indicated that most rates would increase slightly rather than decrease with unlimited service. Richard Gaines, 340 Jackson Stated he would rather stay with the limited service because he does not feel he should subsidize others who use more garbage service. Feels those who put out less should pay less. Ann Lamborn, 7 Monroe Court Ms. Lamborn asked if the Council had investigated the program in Davis. The Council indicated that they had. Staff indicated that they had begun discussions with Green Valley regarding compost pick-up and other materials as well. Richard Abcott, 100 Calle Margarita Indicated that people where dumping garbage in commercial bins throughout Town. He is in favor of unlimited service. Mr. Carlson asked if he was aware that he would experience a higher rate. Mr. Abcott indicated he was aware of this. Chuck DeFrietas, 60 Central Ave. Spoke in favor of unlimited service. Mr. DeFrietas agreed with Council that there was only so much waste that this area could support. Julene Dee Pief, 47 West Roberts Road Spoke in support of recycling compost and asked Council to make people more aware of the problem. James Lein, 141 Via De Sorros Felt that it was not whether the Town had limited or unlimited service, but whether the Town educates the people to conserve. He is not in favor of mandatory, but is in favor of unlimited service and is willing to pay for it. George Acken, 123 Verona Court Signed the petition in favor of unlimited pick up. He also feels that the Community needs to be educated. Mr. Ferrito agrees and suggests that we also educate the governments of neighboring communities. Joan George, 230 Plaza La Posada Suggests that there might be less rather than more garbage with unlimited pick up. No one else in the Council Chambers wished to speak on the issue of limited service vs unlimited service. Motion by Mr. Carlson for consensus, seconded by Mr. Ferrito to aggressively pursue recycling of organic materials. Carried by a vote of 4 ayes. Mr. Ventura absent. Mr. Ferrito explains that we ought to be moving ahead. Mr. Carlson feels that the additional ninety cents for unlimited will help to guarantee that the organic material will be recycled and will assist with many problems. Mr. Hamilton pointed out that they are currently recycling all the wood products at Guadalupe if people separated before delivering. Motion by Mr. Carlson, seconded by Mr. Ferrito to investigate all empty lots and, to enforce heavy fines for unlawful landfill. Carried by a vote of 4 ayes. Mr. Ventura absent. Motion by Mr. Carlson, no second, for unlimited service which would not be subsidized. Mayor Benjamin feels that the residential rates are much lower due to the commercial rate. Mr. Carlson indicates that he wants the "frugal" to subsidize the residential. Mayor Benjamin feels that the people are asking for unlimited service and recycling and are not too worried about subsidies. Mr. Hamilton feels that having unlimited service is not going to effect the landfill situation. He feels that many commercial cans are no larger than residential cans and he does not feel that commercial should subsidize residential. Mr. Carlson withdrew his motion. Gerard Wen, representing Green Valley Disposal, 573 University States that he lives in Palo Alto and that in 1990 they will be going to a different system with bags that are biodegradable. The bags will be biodegradable to make compost and will be used for landfill cover. The key issue for the four west valley cities, if they were to adopt this type of program, is who will buy the material. Market development and guaranteed sales are needed. The Town would need to take the material away. Los Gatos is producing 1.4 tons of waste per household. Motion by Mayor Benjamin, seconded by Mr. Hamilton to have unlimited service which would include a one can rate for Senior. Motion fails, Mayor Benjamin and Mr. Hamilton voting yes, Mr. Carlson and Mr. Ferrito voting no, Mr. Ventura absent. Motion by Mr. Hamilton, seconded by Mr. Ferrito to continue the discussion regarding the rates and unlimited vs limited garbage service to the Council meeting of November 20, 1989. Motion passes 4 ayes. Mr. Ventura absent. INTENT TO VACATE PUBLIC RIGHT-OF-WAY/ROBERTS ROAD (WEST)/OPEN SPACE BLOSSOM HILL ROAD 300/HEARING Mayor Benjamin stated that this was the time and place duly noted for public hearing to consider adoption of a resolution of Intention to Vacate a portion of public right-of-way known as Roberts Road (west) in exchange for private land adjacent to Los Gatos Creek, which will be dedicated to the Town in fee for public open space purposes (300 Blossom Hill Road). Mr. Ferrito offered information, for the Council's consideration, regarding his conversation with Professor Leventhal at San Jose State University. Mr. Ferrito indicated that during his conversation with the Professor he asked if he would be willing to lend his expertise and do a survey and perhaps a dig. The Professor initially expressed interest but has since indicated that the site was not worth a dig. Mr. Ferrito questioned whether we could unilaterally amend the PD ordinance at this stage. Mary-Jo Levinger, Town Attorney indicated that we would have to go through a hearing process if there were to be any changes. She indicated that we do have conditions with regard to performance standards that preserve archeological findings which allows an opportunity to cease work until the archeological concerns are addressed. Mr. Carlson asked what was wrong with the current PD. Mr. Ferrito indicated that some people thought there was sufficient evidence, in their opinion, that remains will be found. Mayor Benjamin stated that if someone is willing to go out to the site and do the dig, the developer is agreeable. Mr. Ferrito feel that if there is a qualified person to do the dig then the developer would remain cooperative and follow California Environmental Quality Act standards. The following people spoke from the audience: Linda Calhon, representing Ansley Development Company, spoke of the protection the Town has under law. Mr. Carlson stated the Town's PD ordinance indicates that if the developer encounters archaeological findings they would need to allow qualified people to investigate. Ms Calhon stated that they have to hire an archeologist in case something is discovered, and that some experts believe that the best situation for some finds is to leave the location undisturbed and untouched if it appears to be a sacred area as also stated in CEQUA. Mr. Ferrito reiterated that there was an effort made by himself and Ms Calhon to have a professional look at the site. Mr. Carlson feels that it would be cheaper for the developer to investigate the concerns now. Ms Calhon stated she would be happy to meet with or without her client and a representative from the Council to work through a plan that everybody would feel comfortable. Rosemary Cambra of Pleasanton, Chairwoman of Mowecma, a federally recognized Indian tribe, is a direct descendent of the local Indian residents of the area. Her tribe believes that remains and artifacts of her people are misunderstood and disrespected by non Indians, and that these artifacts should remain undisturbed. She is willing to assist the developer in reburial only, if the developer requests her assistance. Mr. Ferrito asked Ms Camburn if she knew Professor Leventhal and if they had spoken about the site. Ms Camburn indicated that they had spoken but that she had never been out to the site. Ms Camburn has recommended that the developer contact Dr. Dave Fredrickson who would review the project conditions, evaluate and give specific recommendations. There was no one else from the audience who wished to speak on this subject. Motion by Mr. Ferrito, seconded by Mr. Hamilton to close the public hearing. Motion passes 4 ayes. Mr. Ventura absent. Motion by Mr. Ferrito, seconded by Mr. Carlson to adopt the resolution ordering the vacation of a portion of public right-of-way (Roberts Road West) in exchange for private land adjacent to Los Gatos Creek, which will be dedicated to the Town in fee for public open space purposes. Motion passes 4 ayes. Mr. Ventura absent. OFFICE OF THE TOWN CLERK/MINUTES OF SEPTEMBER 18/OCTOBER 2, 1989 Mr. Ferrito requested that Page 5 of the September 18, 1989 minutes be corrected to reflect that Mr. Ferrito voted No and that Mr. Hamilton voted Yes because Mr. Hamilton only wishes to support Ordinance B. Mr. Carlson requested that Page 5 of the September 18, 1989 minutes be corrected to reflect "...being that Council will not have to approve each application..." be corrected by removing the word approve and replace with define special event for each application. Motion by Mr. Carlson, seconded by Mayor Benjamin approve the September 18, 1989 Town Council Minutes as corrected. Motion passes 4 ayes. Mr. Ventura absent. Mr. Ferrito requested that page 5, last paragraph/second sentence of the October 2, 1989 minutes be corrected by striking "sufficient" and replace with "any". Mr. ferrito requested that Page 14, "the mysterious package" be amended to show that the package came in the Council packet. Mr. Carlson requested that Page 13, first paragraph/third sentence be amended by inserting the word and to (providing adequate rental unites in Town) after the word housing. Mayor Benjamin requested that Page 13, under the written promise to appear/Ordinance introduction be corrected to reflect a vote. Mayor Benjamin requested that Page 12, under Route 85 be corrected to reflect that she had voted yes and that it was a unanimous vote. Motion by Mr. Carlson, seconded by Mr. Hamilton to approve the October 2, 1989 Town Council Minutes as corrected. Motion passes 4 ayes. Mr. Ventura absent. CODE ENFORCEMENT/REFERRALS TO TOWN ATTORNEY Mr. Ferrito asked for information regarding Hackett, 154 Suview Drive, and what was being done. Mr. Ferrito asked when the agreement regarding Sullivan, 209 Forrester Road would be executed. The Town Attorney, Mary-Jo Levinger indicated that the document had been executed. Mr. Ferrito asked for an update from staff regarding Brandhorst, 93 Broadway, and indicated that staff is proceeding with the policy because or Town Ordinance now says that you can not have a sewer connection on a neighboring property. Mr. Ferrito feels that the Council needs to be informed well in advance of any change in policy regarding ordinance enforcement. PROJECT 8901/HILOW ROAD PATHWAY Motion by Mr. Carlson, seconded by Mr. Hamilton to continue this matter until November 20, 1989 Town Council Meeting. Motion passes 4 ayes. Mr. Ventura absent. REPORT ON RIPARIAN MITIGATION PROGRAM Motion by Mr. Hamilton, seconded by Mr. Carlson to continue this matter until November 6, 1989 Town Council Meeting. Motion passes 4 ayes. Mr. Ventura absent. INFORMATION REPORT/CHAMBER OF COMMERCE/HOLIDAY HORSE-DRAWN CARRIAGE Mayor Benjamin asked for discussion regarding this matter due to the fact that Sue LaForge, from the Chamber of Commerce had asked for clarification. Police Chief Larry Todd explained that the fee would be $35.00 for the operator application and then $25.00 for each driver and $20-25 for each carriage. Roughly $50.00 for each driver and carriage combination. If there are multiple drivers it would be an additional $25.00. If they are looking to have six carriages it would be roughly $300.00 plus $35.00 application fee. REJECTION OF CLAIM/CARIEN O'BRIEN Mr. Ferrito asked for information from the Police Chief relating specifically to the claim paragraph five. The Police Chief indicated that the comments that were made are not valid and were made after the fact. Motion by Mr. Ferrito, seconded by Mr. Hamilton to reject the claim of Carien O'Brien filed with the Town Attorney on September 18, 1989. Motion passes 4 ayes. Mr. Ventura absent. ADJOURNMENT Motion by Mr. Hamilton, seconded by Mr. Carlson for adjournment at 10:30 p.m. Motion passes 4 ayes. Mr. Ventura absent. ATTEST: MarLyn J. Rasmussen Executive Assistant Office of the Town Clerk