[Adopted 9-18-2013 by L.L. No. 2-2013]
This article shall be entitled: "A local law establishing training
and attendance requirements for members and alternate members of the
Planning Board and Zoning Board of Appeals of the Town of Riga."
A.
The Town Board [hereinafter the "Town Board" of the Town of Riga
(hereinafter the "Town")] finds that appropriate training of and attendance
at meetings by Zoning Board of Appeals (hereinafter the "ZBA") and
Town Planning Board (hereinafter the "Planning Board") members is
essential to the proper functioning of said boards.
B.
The State of New York has recognized the importance of training in
its amendments to the Planning Board and ZBA statutes (Town Law §§ 271
and 267, respectively).
C.
It is the purpose of this article to assist the ZBA and Planning
Board members in obtaining training to enhance their ability to carry
out their duties under applicable provisions of law, and to pay the
reasonable costs of such training as a Town charge.
D.
It is also the purpose of this article to establish minimum attendance
requirements, training and continuing education course requirements
for such members.
A.
All members and alternate members (hereinafter individually or collectively
referred to as "member" of the ZBA and Planning Board) shall be required
to attend a minimum of four hours in relevant training courses within
one year from the date of their initial appointment to such board;
and thereafter, attend training sessions of not less than four hours
every year thereafter.
B.
Noncompliance with these minimum requirements relating to training
shall be deemed a proper cause for removal from office.
C.
The reasonable costs of such training courses, seminars, workshops
or continuing education courses so designated shall be a Town charge.
Members shall also be reimbursed for travel and meal expenses according
to Town policies. Such training sessions shall be approved in advance
by the Town Board.
Training sessions which relate to the duties of members of the
ZBA and members of the Planning Board may include programs offered
by the New York State Department of State, New York State Association
of Towns, New York State Department of Environmental Conservation,
the New York State Planning Federation, the Monroe County Department
of Planning and Economic Development, the Monroe County Cooperative
Extension, and other such entities. The Town Board, after discussion
with the Chairpersons of the ZBA and Planning Board, may annually
designate such training courses, seminars, workshops, or continuing
education courses which may be offered within a reasonable distance
and which may be helpful to or of assistance to the ZBA and/or Planning
Board in carrying out their respective functions in a timely, fair
and lawful manner. The Town Board may also approve attendance at "in-house"
training sessions, including those conducted cooperatively with the
Village of Churchville or other adjacent municipalities, upon review
of course schedule and content, and in its discretion designate the
number of training hours to be credited to attendees.
Notwithstanding the foregoing, the failure of a member of the
Planning Board or ZBA to obtain such training shall not affect said
person's appointment to serve on such Board, to entertain applications,
to vote on such applications, or the validity of such member's
actions, or the validity of any decision, order or action of such
Board.
The following events shall be deemed a proper cause for removal
from office:
A.
Absence from three consecutive regular or special meetings other
than for illness or valid personal reasons substantiated by documented
evidence.
B.
Absence from 50% of the regularly scheduled or special meetings within
any twelve-month period other than for illness or valid personal reasons
substantiated by documented evidence.
The Chairperson of the ZBA and the Chairperson of the Planning
Board shall notify the Town Board in writing on or about [date][1] in any year of any member who fails to comply with the minimum requirements for training in any calendar year. In the event a member of the ZBA or Planning Board has failed to complete the minimum training requirements set forth in § 16-10, then the Town Board may remove such member for cause as herein provided:
A.
Notice. Such member shall be mailed a written notice specifying the nature of the failure of such member to meet the minimum requirements of § 16-10 above.
B.
Public hearing. Such notice shall specify a date, not less than 10
or more than 30 days from the date of mailing such notice, when the
Town Board shall convene and hold a public hearing on whether or not
such member should be removed from service on such Board. Such notice
shall also specify the time, date and place of such hearing.
C.
Public notice. Public notice of such hearing shall be published in
the official newspaper of the time at least 10 days prior to the date
of the public hearing.
D.
Conduct of hearing. The public hearing on the charges shall be conducted
before the Town Board. The member shall be given an opportunity to
retain an attorney, present evidence, call witnesses to refute the
charges and cross-examine witnesses. A record of such hearing shall
be made. The decision of the Town Board shall be reduced to writing
together with specific findings of the Town Board with respect to
each charge against such member. A copy of such decision and such
findings shall be filed in the Office of the Town Clerk and mailed
to the member.
E.
Action by the Town Board. Following the hearing and upon a finding
that such member has not met the minimum training established by this
article, the Town Board may:
(1)
Remove such member from the ZBA or Planning Board;
(2)
Issue a written reprimand to such member without removing such member
from such board; or
(3)
If the Town Board shall find that the reasons for failing to meet
the minimum training requirements are excusable because of illness,
injury or other good and sufficient cause, the Town Board may elect
to take no action.
[1]
Editor's Note: So in original.
Nothing contained herein shall be deemed to limit or restrict the Town Board's authority to remove a member from the ZBA or Planning Board for cause. The procedural provisions of § 16-14, Procedure for removal of a member, of this article shall govern any hearing to remove a member for cause.
A.
This article shall take effect immediately upon filing with the New
York State Secretary of State in accordance with § 27 of
the Municipal Home Rule Law.
B.
This article shall apply to all members and alternate members of
the ZBA and Planning Board, regardless of the date of their appointment
to such boards.
C.
Prospective members and alternate members of the ZBA and Planning
Board shall be notified of the requirements of this article prior
to their appointment to such board.
