[HISTORY: Adopted by the Town Board of the Town of Fishkill
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-19-1995 by L.L. No. 2-1995]
The Town Board of the Town of Fishkill is hereby authorized to establish, by resolution, from time to time, minimum requirements relating to meeting attendance and training for members of the Planning Board, the Zoning Board of Appeals, the Board of Assessment Review, the Ethics Board, the Board of Review, the Conservation Board, the Disaster Preparedness Committee, the Records Management Advisory Board, the Recreation Committee and the Parks Committee (hereinafter the "boards and committees"). Initial requirements have been established in § 6-3, but they may be modified by resolution of the Town Board. Noncompliance with such requirements shall be grounds for removal of such board or committee members. Nothing herein shall limit any other cause which may be grounds for removal.
The provisions of this article are determined to be consistent
with state statutes. In the event that any provision hereof is held
to be inconsistent by any court of competent jurisdiction, said provisions
of this article shall be deemed to supersede such inconsistent provisions
of statute, including but not limited to § 267, Subdivision
9, and § 271, Subdivision 9, of the Town Law.
A.
Following
their appointment, Planning Board members shall attend the next succeeding
New York State Planning Federation training course for Planning Board
members, or such alternative course as the Town Board approves in
advance. Thereafter, Planning Board members shall participate in continuing
education courses specified by the Town Board. Expense for all courses
shall be borne by the Town.
B.
In
each calendar year, all board and committee members shall attend at
least 60% of all regularly scheduled meetings.
The Town Board shall have the power, after public hearing, to
remove any member of the Boards and committees for cause or for failing
to comply with the minimum meeting attendance and training requirements
established herein.
[Adopted 9-18-2013 by L.L. No. 5-2013[1]]
The Town Board of the Town of Fishkill hereby determines that
organized advisory boards can provide important and useful information
and ideas to the Town Board when it is reviewing and considering appropriate
action or policy with regard to Town issues, functions and/or projects.
Advisory boards can assist the Town Board by reviewing, researching
and gathering information and presenting such information, findings
and/or recommendations, ideas and opinions to the Town Board. Further,
a formal and organized advisory board can provide a vehicle for interested
citizens to share their ideas and expertise with the Town Board. Such
boards would also provide means for interested citizens to be more
involved in their community. In view of the foregoing, it is the Town
Board's determination that advisory boards can assist and benefit
the Town Board, as well as the entire community.
This article shall be known as and entitled "Advisory Boards."
The Town Board of the Town of Fishkill hereby identifies Municipal
Home Rule § 10, Subdivision 1(i), as authority for the enactment
of this article. Although it is not believed that this chapter supersedes
any particular provision of the Town Law, it is noted that Town Law
§ 64, Subdivision 17, provides for citizens advisory committees
on capital improvements, but general authority for the appointment
of advisory boards is not found in the Town Law. With regard to Town
Law § 64, Subdivision 17, it is noted that the Town Board
does have, if necessary to refer to it, supersession authority pursuant
to Municipal Home Rule Law § 10, Subdivision 1(ii)d(3).
The Town Board of the Town of Fishkill may, by resolution and
subject to the provisions set forth in this article, establish advisory
boards.
A.
Advisory
boards shall act in an advisory capacity only, to the Town Board.
The members shall not be empowered to exercise any powers on behalf
of the Town Board or bind the Town Board or the Town of Fishkill in
any way.
B.
The
purpose for which the advisory board is created and for which it shall
meet and hold discussions shall be for the purpose of reviewing, researching,
gathering information and presenting such information, findings and/or
recommendations, ideas and opinions to the Town Board concerning such
matters as the Town Board shall, with particularity, specify in the
resolution establishing the advisory board.
A.
Advisory boards shall be comprised of members who are residents of
the Town of Fishkill and who have such qualifications as may be determined
to be appropriate by the Town Board of the Town of Fishkill, except
that no person who is a member of the Town Board shall be a member
of an advisory board.
B.
Advisory boards shall consist of that number of members that the
Town Board shall determine by resolution to be appropriate in each
instance that an advisory board is established. In determining the
appropriate number of members, the Town Board may use any formula
it feels is appropriate and may, from time to time, by resolution,
adopted by majority vote, increase or decrease the number of members
it deems necessary or appropriate, except that a decrease in the number
of members shall not take effect until the expiration of the terms
of the current board members and, therefore, shall not result in a
removal of any member before the expiration of a term.
C.
Officers shall be named for the advisory board and shall have the
duties as follows:
(1)
A Chairperson shall be named and shall have the duty of calling meetings,
as set forth in this article, and shall also preside over all meetings.
(2)
The Chairperson shall be selected by the sitting members, except
that, upon failure of the sitting members to do so, or agree upon
a Chairperson within 60 days of the establishment of the advisory
board, or the resignation or lapse of term of the Chairperson therefor,
the Town Board shall select a Chairperson from any one of the members
of the board.
(3)
The advisory board may elect from among its members a Vice Chairperson
and Secretary.
D.
All members of the advisory board, including officers, will be voting
members.
E.
Terms of office and vacancies shall be filled as follows:
(1)
Any person who is appointed as a member of the advisory board shall
hold office until the first day of January next succeeding the first
biannual Town election held after the time of that person's appointment.
On the first day of January next succeeding the first biannual Town
election held after the time of the establishment of the advisory
board and biannually thereafter, the Town Board shall appoint members
to the advisory board who shall hold office for two years.
(2)
If a vacancy shall occur on the advisory board, otherwise than by
expiration of a term, the Town Board shall appoint a new member for
the unexpired term.
A.
The advisory board shall meet at least quarterly, or at such other
intervals as the Town Board shall require or specify by resolution,
at the call of the Chairperson. Additional meetings may be called
upon at least five days' notice by the Chairperson or by petition
of five members of the board.
B.
All meetings of the advisory board shall be held on notice to the
Town Board, which shall receive the same notice as is given members
of the advisory board, and the members of the aforesaid Town Board
shall be entitled, as of right, to attend any meeting called, whether
the same is open or in executive session; provided, however, that
members of the Town Board shall not be considered members of the advisory
board and shall not be entitled to vote on any matter before the advisory
board.
C.
All meetings of the advisory board shall be open to the public, except
that executive sessions will be allowed to the extent permissible
under the Public Officers Law of the State of New York.
D.
Public notice of every meeting held by the advisory board shall be
given in accordance with the applicable provisions of the Public Officers
Law of the State of New York while notice to members shall be given
in accordance with the provisions set forth hereinabove.
E.
Written minutes shall be kept of the meetings of each advisory board.
Motions, resolutions and votes thereon shall be recorded in their
entirety.
F.
Discussions occurring at the meetings or leading to motions or resolutions
may be briefly summarized.
G.
The advisory board shall operate in accordance with Robert's
Rules of Order or in accordance with any agreed upon variation thereof,
which may include any modification or elimination of such rules as
may be agreed upon by unanimous vote of all board members.
H.
Each advisory board shall file a copy of any minutes, reports or
other information or records gathered by the Board as a result of
meetings held during December of each year.
I.
When requested, the Chairperson or other designated member of the
advisory board shall report directly to the Town Board either in writing
or by attendance at a Town Board meeting, as may be agreed upon by
the members of the Town Board by resolution. Any recommendation or
other resolutions of the advisory board will be deemed binding and
a representation of the board, only if adopted by majority vote of
the total number of members of the advisory board.
Advisory board members shall serve without pay. The Town Board
may authorize the payment of the just and reasonable actual expenses
of the members of such advisory board, such expenses including the
cost of photocopying, typing and, if necessary, mileage. No payment
of the just and reasonable actual expenses of the members or any other
payments shall be made to the members of the advisory board unless
the Town Board shall have, by resolution adopted by majority vote,
approved of the incurring of the expense prior to the time that the
expense was incurred.
The Town Board shall have the power to remove, after public
hearing, any member of the advisory board for cause.
The Town Board of the Town of Fishkill shall have the right,
at any time, to abolish any board established by resolution in accordance
with this article.