2008 – No.1 – Duties of Alternate Planning Board Members
Proposed Local Law No. 1 of the Year 2008
Draft Version of April 1, 2008
Section 1 Local Law No. 2 of the Year 1987, as amended, is amended, in part, to read as follows:
Article IX, Sub Section 3 (A) is replaced in its entirety as follows[1]
•A. Creation, Appointment, and Organization:
•1. The Mayor shall appoint seven (7) members, and may appoint two (2) alternate members, who shall be Village residents, to the Village Planning Board.[2] At least one (1) member shall maintain legal residence or own property within the Historic Preservation Overlay District.[3]
•2. The Mayor shall make every reasonable effort to appoint persons with an interest in the history and architecture of the Village. Particular consideration shall be given to the appointment of persons specially qualified through training or experience in history, architecture, building construction, real estate, law, art, and the like.
•3. Any vacancy occurring in a position for any reason other than expiration of the term for which they were appointed shall be filled in accordance with Section 7-718 of the Village Law.[4]
•4. Alternate members of the Village Planning Board shall have a seven year term of office, with the term expiring on December 31. The initial term of the first alternate member shall expire on December 31 of the sixth calendar year following appointment of the first alternate member. The alternate members shall act as full members of the Village Planning Board at any meeting, or portion thereof, in which a member of the Village Planning Board is not present for any reason or has recused himself or herself or by a lawful authority from participation or voting on any matter.
Section 2 Pursuant to Sections 10 and 22 of the Municipal Home Rule Law, this Local Law supersedes any inconsistent provisions of Local Law No. 2 of the Year 1987, as amended, and Subsection 718 (16) of the Village Law as to under what circumstances an alternate member of the Village Planning Board may act and serve as a full member of the Village Planning Board. Specifically, but not in limitation of the foregoing, an alternate member of the Village Planning Board shall have the right and duty to act as a full member of the Village Planning Board in the event a member of the Village Planning Board is absent from a meeting, or any portion thereof for any reason or a member of the Village Planning Board has been recused from voting or participating on any matter before the Village Planning Board.
Section 3 The provisions of this Local Law shall take effect upon filing with the Secretary of State and Village Clerk as provided by Village Law.
[1] Original text:
” 1. The Mayor shall appoint seven (7) members, and two (2) alternate members, who shall be Village residents, to the Village Planning Board.
2. The Mayor shall make every reasonable effort to appoint persons with an interest in the history and architecture of the Village. Particular consideration shall be given to the appointment of persons specially qualified through training or experience in history, architecture, building construction, real estate, law, art, and the like. At least one (1) member shall maintain legal residence or own property within the Historic Preservation Overlay District.
3. Any vacancy occurring in a position for any reason other than expiration of the term for which they were appointed shall be filled in accordance with Section 7-718 of the Village Law.”
[2] 1995.5 Changed from “Village Board shall appoint seven (7) members.”
2003.2 Changed from “The Mayor shall appoint five (5) members, who shall be Village residents, to the Village Planning Board.” 2007.1 Provided for two alternate members of the Village Planning Board and removed text “as provided in §7-718 of the Village Law.”
[3] 2003.2: Changed from “The Board of Trustees” to “The Mayor.”
[4] 2003.2 Replaced text “shall be filled by an appointment by the Board of Trustees for the remainder of the term vacated.”