[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.
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.
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]
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.
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.
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.
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.
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.
Officers shall be named for the advisory board and shall have the duties as follows:
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.
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.
The advisory board may elect from among its members a Vice Chairperson and Secretary.
All members of the advisory board, including officers, will be voting members.
Terms of office and vacancies shall be filled as follows:
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.
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.
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.
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.
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.
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.
Written minutes shall be kept of the meetings of each advisory board. Motions, resolutions and votes thereon shall be recorded in their entirety.
Discussions occurring at the meetings or leading to motions or resolutions may be briefly summarized.
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.
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.
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.