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Village of Sands Point, NY
Nassau County
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Table of Contents
Table of Contents
[Adopted 6-19-1990 by L.L. No. 4-1990]
The Board of Trustees is hereby authorized to appoint one alternate member to the Board of Zoning Appeals, the Planning Board, the Historic Landmarks Preservation Commission or any other duly organized or hereafter organized board, commission or committee which is created by local law.
The alternate member shall have the same qualifications as a duly appointed nonalternate 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 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.
[Amended 4-27-1993 by L.L. No. 1-1993]
A. 
Legislative intent.
(1) 
The New York State Legislature has adopted an amendment to the Village Law which would prohibit a member of the Village Board of Trustees from serving as a member of the Village Planning Board (L. 1992, c. 663). This amendment to the Village Law becomes effective on July 1, 1993.
(2) 
The Board of Trustees 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 Board of Trustees 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 the current practice in the Incorporated Village of Sands Point (hereinafter the "village") to have a member of the Village Board of Trustees also serve on the Village Planning Board, and it is the Board's intention to continue the practice because it believes that the best interests of the village are served by the practice.
(4) 
The Board of Trustees recognizes that the Planning Board, 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 Board of Trustees is also aware that such Planning Board 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 Board of Trustees is kept apprised of Planning Board matter directly through a liaison member serving concurrently on both village boards. Accordingly, it is the intention of the Board of Trustees to supersede Village Law § 7-718, Subdivision 3, to allow a member of the Board of Trustees to be eligible for appointment to the Planning Board.
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 be appointed as an alternate to any board, commission or committee except the Board of Zoning Appeals.
D. 
A person who is a member of the Village Board of Trustees shall be eligible for appointment to the Village Planning Board; provided, however, that in no event shall the Village Planning Board include more than one member who is presently serving in the capacity of a Village Trustee.
[Added 12-17-1991 by L.L. No. 5-1991]
The term of office for the position of alternate member of the Board of Zoning Appeals, the Planning Board, the Historic Landmarks Preservation Commission, the Environmental Commission or any other duly organized or hereafter organized board, commission or committee which is created by local law shall be two years.