ARTICLE ITemporary Ad Hoc Members (§ 77-1 — § 77-3)
§ 77-1Legislative authority.
§ 77-3Supersession of Village Law.
This article is enacted pursuant to the authority of Chapter 365 Of the Laws of 1976 which added a new Subparagraph (3) to Paragraph e, Subdivision 1 of § 10 of the Municipal Home Rule Law authorizing villages to adopt a local law which amends or supersedes any provision of the Village Law in relation to the property, affairs or government of the village or in relation to any of the other enumerated subject matters in such § 10, unless there is a state legislative restriction on such amendment or supersession.
In order to permit the Zoning Board of Appeals to transact business in the event that absence or conflicts of interest preclude a full membership of five members from considering a particular matter, it is deemed advantageous by the Village of Monticello to enact a local law superseding the Village Law to provide for appointment of ad hoc members to the Zoning Board of Appeals.
The Village Law is hereby amended and superseded in its application to the Village of Monticello by adding a new subparagraph providing as follows:
|The Village Board of the Village of Monticello may, in any year it deems necessary, appoint temporary ad hoc members to the Zoning Board of Appeals to serve as provided in this section. The number of temporary members so appointed pursuant to this section in any year shall not exceed three. Each temporary member shall be appointed for a one-year term of office. The Chairman of the Zoning Board of Appeals shall assign the temporary members as necessary when absence of regular members of the Board or a conflict of interest of regular members of the Board would otherwise prevent five members of the Board from considering any pending matter. No more than two temporary members shall sit in determination on any pending matter. The temporary members shall be designated on a rotating basis in the manner provided in the general governing rules of the Zoning Board of Appeals so that each temporary member shall be afforded an equal opportunity to serve. Once designated to serve on a particular matter before the Board, the temporary member shall have the same powers and duties as regular members of the Board until that matter is concluded. Any determination by the Board consisting of temporary members shall have the same weight and be entitled to the same authority as the act or deed of the regular Zoning Board of Appeals and all laws, statutes and regulations shall apply and be applied with equal force and effect. Temporary members appointed pursuant to this section shall be paid for their respective services as fixed by resolution of the Village Board.|