[Added 9-13-2018 by L.L.
No. 12-2018]
A.
The Village Board finds that appropriate training of the members
of the Board of Appeals, Planning Board and Board of Architectural
Review and Historic Preservation is essential.
B.
The State of New York has recognized the importance of training of
members of the Board of Appeals and Planning Board in New York Village
Law §§ 7-718(1) and 7-712(2). The Village Board similarly
recognizes the importance of training of the members of the Board
of Architectural Review and Historic Preservation who also administer
portions of the Zoning Law.
C.
It is the purpose of this article to assist members of the Board
of Appeals, Planning Board and Board of Architectural Review and Historic
Preservation in obtaining training to enhance their ability to carry
out their duties under law and to pay the costs of such training as
a Village charge.
D.
It is also the purpose of this article to establish minimum training
and continuing education course requirements for such members.
A.
All members of the Board of Appeals, Planning Board and Board of
Architectural Review and Historic Preservation shall be required to
attend a minimum of four hours in relevant training courses within
each year from the date of their initial appointment to such Board
and thereafter attend training sessions of not less than four hours
every fiscal year (July 1 through June 30) thereafter. Training in
excess of four hours may be carried over by the member into succeeding
years upon the approval of the Village Board.
B.
Prospective members of the Board of Appeals, Planning Board and Board
of Architectural Review and Historic Preservation shall be notified
of the requirements of this article prior to their appointment to
such Board.
C.
The costs of such seminars, workshops or continuing education courses
so designated shall be a Village charge. Members shall also be reimbursed
for travel and meal expenses according to Village policies. Such training
sessions shall be approved in advance by the Village Board, which
approval shall not be unreasonably withheld.
D.
The training required by this article may be waived or modified by
resolution of the Village Board when, in the judgment of the Village
Board, it is in the best interest of the Village to do so.
E.
To be eligible for reappointment to the Board of Appeals, Planning
Board or Board of Architectural Review and Historic Preservation,
such member shall have completed the training promoted by the Village
Board pursuant to this article. Noncompliance with minimum requirements
relating to training shall be deemed a proper cause for removal from
office.
The Village Board, after discussion with the Chairpersons of
the Board of Appeals, Planning Board and Board of Architectural Review
and Historic Preservation, shall annually designate such seminars,
workshops or continuing education courses which may be offered within
a reasonable distance and which may be helpful to or be of assistance
to the Board of Appeals, Planning Board and/or Board of Architectural
Review and Historic Preservation in carrying out its functions in
a timely, fair and lawful manner. Training via electronic media, video,
or distance learning must be preapproved by the Village Administrator.
Notwithstanding the foregoing, the failure of a member of the
Board of Appeals, Planning Board or Board of Architectural Review
and Historic Preservation 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.
The Chairperson of the Board of Appeals, Planning Board or Board
of Architectural Review and Historic Preservation shall notify the
Village Clerk in writing, on or about May 1 in any year of any member
who fails to comply with the minimum requirements for training in
any fiscal year of the Village. In the event that a member of the
Board of Appeals, Planning Board or Board of Architectural Review
and Historic Preservation has failed to complete the minimum training
requirements set forth in this article, then the Village Board may
remove such member for cause as herein provided.
A.
Notice. Such member shall be mailed a written notice, by certified
mail, return receipt requested, specifying the nature of the failure
of such member to meet the minimum requirements of this article.
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
Village 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 and place of such hearing.
C.
Public notice. Public notice of such hearing shall be published 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 Village Board. The member shall be given an opportunity
to present evidence and to call witnesses to refute the charges. A
record of such hearing shall be made. The decision of the Village
Board shall be reduced to writing, together with specific findings
of the Village Board with respect to each charge against such member.
A copy of such decision and such findings shall be mailed to the member
and a copy filed with the Village Clerk.
E.
Action by the Village Board. Following the hearing and upon a finding
that such member has not met the minimum training established by this
article, the Village Board, within 30 days of such finding, may:
(1)
Remove such member from the Board of Appeals, Planning Board or Board
of Architectural Review and Historic Preservation;
(2)
Issue a written reprimand to such member without removing such member
from such Board; or
(3)
If the Village 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 Village Board may elect
to take no action.
Nothing contained herein shall be deemed to limit or restrict the Village Board's authority to remove a member from the Board of Appeals, Planning Board or Board of Architectural Review and Historic Preservation for cause (i.e., for other than the reasons enumerated herein). The procedural provisions of § 116-45 shall govern any hearing to remove a member for cause.
