CHAPTER 10

 

                 CONSERVATION ADVISORY COUNCIL

 

§ 10.1  Title

 

  This Chapter shall be known and may be cited as the "Village of Mineola Conservation Advisory Council Law".

 

§ 10.2  Legislative Intent

 

  In the face of population growth, urbanization, and technological change, the preservation and improvement of the quality of the natural and man‑made environment within the Village of Mineola are of vital importance. The biological integrity of the natural environment and beauty of our surroundings condition the quality of life of the residents of Mineola and surrounding neighborhoods. The integrity of the environment cannot be protected and promoted without the participation and cooperation of the residents of Mineola working as partners with public and private officials and institutions.

 

  The Board of Trustees of the Incorporated Village of Mineola deems it to be in the best interests of the Village and its residents that a Conservation Advisory Council be established pursuant to Section 239‑x of the General Municipal Law. This body shall be composed of members who possess expertise or interest in environmental matters.

 

§ 10.3  Construction

 

  This Chapter shall be deemed to be an exercise of the powers of the Mayor and Board of Trustees of the Incorporated Village of Mineola to preserve and improve the quality of the natural and man‑made environment of the Village. This Chapter is not intended to, and shall not be deemed to, impair the powers of any other state or local governing body.

 

§ 10.4  Establishment

 

  The Board of Trustees of the Incorporated Village of Mineola hereby creates and establishes a Conservation Advisory Council, hereinafter referred to as "Council", which shall advise the Board of Trustees pursuant to Section 239‑x of the General Municipal Law of the State of New York.

 

 

 

§ 10.5                          MUNICIPAL CODE

 

§ 10.5  Purposes and Functions of the Council

 

  It shall be the purpose of the Council to advise the Board of Trustees of the Incorporated Village of Mineola as to matters before the Board of Trustees and Zoning Board. Basically, such advice shall be with reference to the development, management and protection of the natural resources of the Village. The Council shall be notified of pending projects and programs which impact on natural resources by the Board of Trustees. Subject to the direction and approval of the Board of Trustees in each matter, the Council shall direct itself towards accomplishing the following:

 

  A.  Research and recommend possible solutions concerning the potential environmental impact of projects presented to the Department of Building and Code Enforcement, the Planning Board, the Zoning Board of Appeals and the Board of Trustees regarding such matters as public utilities, traffic, trees, the quality of air and ground water (and comment on those projects controlled by permits or re-issued permits from the Department of Health and from other Federal, State, and County agencies), noise, production of commercial waste, and cultural resources;

 

  B.  Advise the Board of Trustees on matters affecting the preservation, development, and use of natural and man‑made resources of the Village insofar as the quality, biological integrity, and beauty of the environment are concerned;

 

  C.  Conduct and maintain an inventory of the natural resources contained within the Village;

 

  D.  Maintain an updated index of all "open spaces" (as defined in Section 239‑y of the General Municipal Law) in public or private ownership within the Village including, but not limited to, natural landmarks, glacial and other geomorphic or physiographic features, streams and their flood plains, swamps, marshlands, and other wetlands, unique biotic communities, scenic and other open areas of natural or ecological value. Such index shall include the ownership and present and proposed uses of such open areas so as to provide a base of information for recommendations by the Council, for their preservation and use;

 

  E.  Coordinate, assist and unify the efforts of private groups, institutions and individuals within the Village in accord with the purposes of this Chapter;

 

                 CONSERVATION ADVISORY COUNCIL           § 10.6

 

  F.  Establish a liaison and maintain communications with public and private agencies and organizations whose activities impact upon the quality of the environment, or whose projects can assist the Council in carrying out the objectives of this Chapter;

 

  G.  Work in cooperation with the Planning Board to recommend programs concerning enhancement of the environment to the Board of Trustees for inclusion in the Village of Mineola Municipal Code, and further, to recommend changes in existing enactments and/or to propose new legislation to the Board of Trustees so as to promote the environmental objectives of this Chapter;

 

  H.  Prepare, print, and distribute books, maps, charts, and pamphlets in accord with the purposes of this Chapter;

 

  I.  Obtain and maintain maps, reports, books and other publications necessary to support the research of the Council into local environmental issues;

 

  J.  When authorized by resolution of the Board of Trustees, the Council may, on behalf of the Village, accept by gift, grant, devise, bequest or otherwise, such property, whether real or personal, as may be necessary to conserve and properly utilize land and water resources within the Village. Real property may be accepted in the form of a fee for land and/or water rights, or as any lesser interest, development right, easement, covenant, or other contractual right which might include conveyances with limitations or reversions;

 

  K.  Carry out such other duties as the Board of Trustees may, from time to time, assign.

 

§ 10.6  Membership

 

  The Council shall consist of no less than seven (7) members, which members shall be appointed by the Mayor of the Incorporated Village of Mineola subject to the approval of the Board of Trustees. In the initial appointment of members, three (3) members shall be appointed for a term of two (2) years, and four (4) members shall be appointed for a term of one (1) year. At the expiration of the initial term, all subsequent terms shall be for a period of two (2) years. Vacancies shall be filled by appointment of the Mayor subject to the approval of the Board of Trustees.

 

 

§ 10.6                         MUNICIPAL CODE

 

  In addition to the appointed members of the Council, ex‑officio members shall also serve on the Council. One or more members of the Board of Trustees, the Chairman of the Planning Board, the Superintendent of Public Works, the Parks Supervisor, the Village Attorney, and any other officials hereafter designated by the Incorporated Village of Mineola shall be ex‑officio members of the Council. Ex‑officio members shall not be entitled to vote on motions presented to the Council.

 

§ 10.7  Officers

 

  The Mayor of the Incorporated Village of Mineola shall designate one of the members chosen to serve on the Council to act as Chairperson. At the first official meeting of the Council, the members of the Council shall elect from amongst themselves a recording secretary.

 

§ 10.8  Meetings

 

  The Council shall meet on an "as needed" basis whenever such meeting shall be called by the Chairperson. However, there shall be at least two (2) meetings of the Council annually. At such meetings the Council shall adopt rules and procedures for its meetings. It shall keep accurate records of its meetings and activities and shall file an annual report as provided by § 10.9 of this Chapter. When deemed necessary, the Council will request a meeting with the Board of Trustees. One annual meeting may be held to review past and present projects.

 

§ 10.9  Reports

 

  The Council shall keep accurate records of its meetings and activities. An annual report concerning work and activities shall be submitted by the Council to the Board of Trustees no later than the thirty‑first (31st) day of March of each year. Once approved, the Board of Trustees shall forward a copy of this report to the State Commissioner of Environmental Conservation.

 

  From time to time the Council shall submit, upon request of the Board of Trustees, such reports and recommendations as may be necessary to fulfill the purpose of this Chapter. The Council shall give formal recommendation to the Board of Trustees. The Board of Trustees shall refer to the Council in an ample time any matter that it requests a report and recommendation thereon.

 

 

               CONSERVATION ADVISORY COUNCIL               § 10.11

 

§ 10.10  Compensation

 

  The members of the Conservation Advisory Council, both appointed and ex‑officio, shall serve without compensation.

 

§ 10.11  Payment of Expenses

 

  The Board of Trustees of the Incorporated Village of Mineola shall reimburse the members of the Conservation Advisory Council for any expenses actually and necessarily incurred in the performance of their duties, subject to prior approval of the expenditures from the Board of Trustees.

 

 

 

                        HISTORICAL NOTE

 

  This Chapter is a codification of Local Law # 1 of the year 1991 enacted by the Board of Trustees on March 20, 1991.

 

 

 

References:

 

   Conservation council may be designated as conservation board.  Gen Mun L § 239-y.

   A conservation board's report is advisory.  The board of trustees may accept the council's open    area map as the official map. Op Atty Gen (Inf.) 91-73.

   Duties and responsibilities. Gen Mun L § 239-x.