[HISTORY: Adopted by the Town Board of the Town of Delaware
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-19-2010 by L.L. No. 1-2010]
This article shall be known and may be cited as the "Alternate
Planning Board Members Law."
It is sometimes difficult to maintain a quorum on the Planning
Board because members are ill or on extended vacation or find they
have a conflict-of-interest situation on a specific matter before
such Board. In such instances, official business cannot be conducted,
which may delay or impede adherence to required time lines. The use
of alternate members in such instances would avoid such difficulties.
As used in this article, the following terms shall have the
meanings indicated:
An individual appointed by the Town Board to serve on the
Planning Board when a regular member is unable to participate on an
application or matter before the Planning Board.
An individual appointed by the Town Board to serve on the
Planning Board according to the provisions of applicable law, local
law or ordinance pursuant to which the Planning Board was established.
The duly constituted Planning Board of the Town of Delaware.
The duly constituted Town Board of the Town of Delaware.
A.
This article is enacted to provide a process for appointing Alternate
Members of the Planning Board. These individuals would serve when
Members are absent or unable to participate on an application or matter
before the Planning Board.
B.
Alternate Members of the Planning Board may be appointed by the Town
Board for a term of two years, with the terms to expire on December
31 of the second year after the date of their appointment.
C.
The Chairperson of the Planning Board shall designate an Alternate
Member to substitute for a Member when such Member is absent or unable
to participate on an application or matter before the Planning Board.
When so designated, the Alternate Member shall possess all powers
and responsibilities of such Member. Such designation shall be entered
into the minutes of the initial Planning Board meeting at which the
substitution is made.
D.
Alternate Members shall regularly attend the scheduled meetings and/or
work sessions of the Planning Board so as to be available for designation
when required and familiar with the applications and/or matters pending
before the Planning Board.
E.
Alternate Members shall serve without compensation.
F.
All provisions of state law relating to Planning Board member eligibility,
vacancy in office, removal, compatibility of office and service on
other boards, as well as provisions of any state or local law or ordinance
relating to training and continuing education, shall also apply to
Alternate Members.
This article is adopted pursuant to the provisions of § 10
of the New York State Municipal Home Rule Law and § 10 of
the New York State Statute of Local Governments. It is the intent
of the Town Board, pursuant to § 10 of the New York State
Municipal Home Rule Law, to supersede any inconsistent provisions
of § 271 of the New York State Town Law relating to the
appointment of members and alternate members to Town Planning Boards.
[Adopted 8-14-2013 by L.L. No. 5-2013]
The Town Board of the Town of Delaware has determined that a
reduction of the Planning Board from seven to five members pursuant
to Town Law § 271(7) is desirable and opportune.
The Planning Board of the Town of Delaware shall henceforth
consist of five members.
The reduction in the number of members of the Town of Delaware
Planning Board from seven to five shall be accomplished by not filling
the two membership positions that are currently vacant.
A.
The current unexpired terms of office of each of the five existing
members of the Planning Board shall not be affected or reduced by
reason of this article and shall remain as follows:
|
Member
|
Expiration of Term
| |
|---|---|---|
|
Warren Blumenthal
|
December 31, 2013
| |
|
Terry Zieres
|
December 31, 2014
| |
|
Gerald Euker
|
December 31, 2015
| |
|
David Peters
|
December 31, 2016
| |
|
Kara McElroy
|
December 31, 2018
|
B.
Upon expiration of the foregoing terms, the appointment of the successor
member (or reappointment of such member, if applicable) shall be for
a term of five years. However, with respect to the position with the
term ending December 31, 2018, currently held by Kara McElroy, the
successor member or reappointment of the member then holding such
position shall initially be for a four-year term and thereafter for
five-year terms so as to achieve the result that one Planning Board
member's term of office shall expire each year. To the extent
that the provisions of this section may be inconsistent with any provision
of Town Law § 271, such provision shall supersede any such
inconsistent provision of Town Law § 271.
