The Mayor is authorized to appoint subject to Village Board affirmation one or more alternate members to the Board of Zoning Appeals, the VPB, the Historic Landmarks Preservation Commission, or any other duly organized or hereafter organized board, commission, or committee which is created by local law. Each alternate shall be designated as first, second, or third alternate, etc.
The alternate member shall have the same qualifications as a duly appointed non-alternate member of the board, commission, or committee.
The alternate shall sit as a member of the board, commission, or committee, exercising full power as if a regular member when he is authorized to sit by certification of the Village Clerk or his/her designee that a regular member of a board, commission, or committee is unable or unavailable to perform the duties of the board, commission, or committee on a particular date and/or on a particular application. The alternate shall sit in sequence of first, second, or third alternate, etc., in that sequence.
A. 
Legislative intent.
(1) 
The New York State Legislature has adopted an amendment to the Village Law of the State which would prohibit a member of the Village Board from serving as a member of the VPB (L. 1992, c. 663). This amendment to the Village Law becomes effective on July 1, 1993.
(2) 
The Village Board, however, is mindful that, pursuant to the authority set forth in Municipal Home Rule Law § 10, Subdivision (1)(ii), and the New York State Constitution, and in accordance with the New York State Court of Appeals decision in Kamhi v. Town of Yorktown, 74 N.Y.2d 423 (1989), the Village Board has the power to supersede state law relating to the property, affairs, or government of the Village, unless prohibited pursuant to Municipal Home Rule Law § 10, Subdivision 1(ii)e(3).
(3) 
It is in the interest of the Village to have, from time to time, a member of the Village Board also serve on the VPB because it believes that the best interests of the Village are served by the practice.
(4) 
The Village Board recognizes that the VPB, in exercising its delegated powers pursuant to Village Law §§ 7-725-a, 7-725-b and 7-728, is responsible for making important decisions and recommendations which concern the overall pattern of development and land use within the Village. The Village Board is also aware that such VPB activities may have a significant impact on the Village and its residents and often affect other aspects of Village government. Indeed, past experience has demonstrated that, with respect to land use and zoning, Village government operates more efficiently and more effectively when the Village Board is kept apprised of VPB matters directly through a liaison member serving concurrently on both Village boards. Accordingly, it is the intention of the Village Board to supersede Village Law § 7-718, Subdivision 3, to allow a member of the Board of Trustees to be eligible for appointment to the VPB.
B. 
Supersession of Village Law. Pursuant to the authority set forth in Municipal Home Rule Law § 10, Subdivision 1(ii), and the New York State Constitution, Village Law § 7-718, Subdivision 3, as added by Chapter 663 of the Laws of 1992, is hereby superseded as it applies to the Village of Sands Point.
C. 
Provided that the offices are not otherwise incompatible, any Trustee may also be appointed as an alternate to any board, commission, or committee except the Board of Zoning Appeals.
D. 
No more than one person who is a member of the Village Board shall be eligible for appointment to the VPB at any one time.
The term of office for the position of alternate member of the Board of Zoning Appeals, the VPB, the Historic Landmarks Preservation Commission, or any other duly organized or hereafter organized board, commission or committee which is created by local law shall be one year.