[Adopted 6-22-1993 by L.L. No. 3-1993]
A. 
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.
B. 
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.
C. 
It is the current practice in the Incorporated Village of Roslyn Harbor (hereinafter the "Village") to have a member of the Village Board of Trustees also serve on the Village Planning Board and it is this Board's intention to continue the practice because it believes that the best interests of the Village are served by the practice.
D. 
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 actively when the Board of Trustees is kept apprised of Planning Board matters 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.
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New York State Constitution, Village Law § 7-718, Subdivision 3, as added by Chapter 663 of the Laws of 1992, is hereby superseded as it applies to the Village of Roslyn Harbor and is amended to read as follows: "A person who is a member of the Village Board of Trustees shall be eligible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."