[HISTORY: Adopted by the Town Board of the Town of Lima 4-5-2012 by L.L. No.
3-2012. Amendments noted where applicable.]
This chapter shall apply to the appointment, terms, functions
and powers of alternate members appointed to serve on certain municipal
commissions and boards in the Town of Lima. This chapter shall not
apply to the Town Board, or to the Joint Planning Board or Joint Zoning
Board of Appeals. It is intended to apply to all other commissions
and boards which are instrumentalities of the Town of Lima and are
comprised of appointed members.
It is sometimes difficult to maintain a quorum on a municipal
board or commission because members are ill, on extended vacation
or find they have a conflict of interest situation involving a specific
matter before the board. In such instances, official business cannot
be conducted, which can result in substantial delay or impede adherence
to required timelines. The use of alternate members to actively participate
in board or commission functions in such instances is hereby authorized
pursuant to the provisions of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
An individual appointed by the Town Board to serve on a board
or commission when a regular member is unavailable or unable to participate
on an application or matter before the board, as provided herein.
Herein meant and intended to describe any appointed body
or instrumentality of the Town of Lima comprised of members appointed
by the Town Board. For purposes of this chapter, specifically excluded
from this chapter and definition are the Town Board, the Joint Planning
Board and the Joint Zoning Board of Appeals. Examples of boards and
commissions intended to be included within this chapter would include,
but not be limited to, the Town Board of Ethics, the Green Energy
Commission, and the Agricultural Advisory Review Board.
An individual appointed by the Town Board to serve on a board
or commission pursuant to the provisions of the local law, ordinance
or policy which first established such commission or board.
A.
The Town of Lima hereby enacts this chapter to provide a process
for appointing alternate members of various appointive boards that
are instrumentalities of the Town of Lima comprised of members appointed
by the Town Board. These individuals would serve when members are
absent or unable to participate on an application or matter before
the board.
B.
Alternate members of each board shall be appointed by the Town Board
for a term of years equal to the customary term of years of a regular
member of said board or commission.
C.
The chairperson of the applicable commission or board may designate
an alternate to substitute for a member when such member is unable
to participate on an application or matter before the board, or to
enable a quorum. When so designated, the alternate member shall possess
all the powers and responsibilities of such member of the board. Such
designation shall be entered into the minutes of the initial commission
or board meeting at which the alternate member substitution is made.
D.
All provisions of state law and local code relating to board or commission
member eligibility, vacancy in office, removal, compatibility of office
and service on other boards, as well as any provisions of a local
law/local ordinance relating to training, continuing education, compensation
and attendance, shall also apply to alternate members.
This chapter is hereby 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, as may be applicable, the provisions
of state law relating to the appointment of members and/or alternate
members to the various boards or commissions that are instrumentalities
of the Town Board, specifically excepting and excluding the Town Board
itself, the Joint Planning Board and the Joint Zoning Board of Appeals.
