Village of Wesley Hills, NY
Rockland County
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[Adopted 4-11-1989 by L.L. No. 1-1989; amended in its entirety 1-5-2010 by L.L. No. 1-2010]
There are occasions when a duly appointed member of the Board of Appeals of the Village of Wesley Hills cannot attend a meeting of said Board or, because of a conflict of interest, cannot vote on a matter to be considered by said Board, resulting in a lack of a quorum for the conduct of business or an inability to act where a vote of a majority plus one of said Board is required by law. It is the purpose of this article to provide for the appointment of alternate members of the Board of Appeals with authority to vote in place of such absent or disqualified member.
[Amended 8-6-2019 by L.L. No. 1-2019]
There are hereby established two alternate members of the Board of Appeals, one of whom shall be designated a first alternate and one of whom shall be designated a second alternate. Both alternate members of the Board of Appeals shall be appointed by the Mayor, subject to approval of the Board of Trustees. Both alternate members shall serve for a term expiring at the end of the official year during which they are appointed, and their successors shall be appointed for a term of one year from and after the expiration of the terms of their predecessors in office. If a vacancy shall occur other than by expiration of term, it shall be filled by the Mayor for the unexpired term. Notwithstanding the provisions of § 7-712 of the Village Law, the Board of Trustees shall have power to remove any alternate member of the Board of Appeals for cause and after a public hearing.
A. 
Both alternate members of the Board of Appeals shall attend all meetings of the Board of Appeals but shall have no power to participate in any actions of the Board of Appeals except as provided hereinbelow.
B. 
Whenever one or more regular members of the Board of Appeals is absent from a Board of Appeals meeting or is disqualified or disqualifies himself or herself from voting on a matter under consideration by the Board of Appeals, the first alternate member shall participate in the deliberations and action of the Board of Appeals on such matter and shall have all the powers and duties of a duly appointed member of the Board of Appeals for the matter under consideration.
C. 
Whenever two or more regular members of the Board of Appeals, or one regular member plus the first alternate member thereof, are absent from a Board of Appeals meeting or are disqualified or disqualify themselves from voting on a matter under consideration by the Board of Appeals, the second alternate member shall participate in the deliberations and action of the Board of Appeals on such matter and shall have all the powers and duties of a duly appointed member of the Board of Appeals for the matter under consideration.
D. 
All provisions of state law relating to member training and continuing education, attendance, conflicts of interest, compensation, eligibility, vacancy in office, removal and service on other boards shall also apply to alternate members.
[Added 12-2-2014 by L.L. No. 5-2014]
No alternate member of the Board of Appeals shall take part in the deliberations of said Board of Appeals on any resolution unless such alternate member is a voting member with respect to such resolution.