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Village of Ossining, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Ossining as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-20-2017 by L.L. No. 9-2017]
It is the intention of the Board of Trustees of the Village of Ossining in adopting this chapter to set out the minimum requirements for boards and commissions within the Village of Ossining relating to terms of office, attendance and, where applicable, training.
A. 
For those boards and commissions where the term of office is five years, no person shall be appointed for more than two consecutive terms. Terms shall not be considered consecutive when the person being appointed has not been a member of such board and/or commission for a period of one year of more.
B. 
For those boards and commissions where the term of office is three years, no person shall be appointed for more than three consecutive terms. Terms shall not be considered consecutive when the person being appointed has not been a member of such board and/or commission for a period of one year or more.
C. 
For those boards and commissions where the term of office is two years, no person shall be appointed for more than four consecutive terms. Terms shall not be considered consecutive when the person being appointed has not been a member of such board and/or commission for a period of one year or more.
D. 
Members of boards and commissions whose terms have expired shall continue to serve as members until the member is reappointed, resigns or a new member is appointed in place of the departing member.
E. 
If the member has served for the maximum number of consecutive terms, that member shall not apply for membership on the particular board or commission the member served on until at least one year has passed since the expiration of the member's last term in office. This subsection shall not prohibit a member from applying for membership with another board or commission after his/her term expires.
F. 
If the Board of Trustees or the Village Manager are unable to appoint a new member to such board or commission for which the Board of Trustees or Village Manager make such appointments as a result of lack of interest or for any other reason, despite best efforts to do so, the Board of Trustees may, by resolution following notification from the Village Manager for appointments to boards or commissions made by the Village Manager or by notification to the Board of Trustees for appointments to boards or commissions made by the Board of Trustees, either:
(1) 
Waive the term limit requirement and allow for the reappointment of a then-current member to an additional term; or
(2) 
Waive the requirement for a one-year hiatus between terms and allow the appointment of a former member whose term ended less than one year prior thereto to a new term.
A. 
All members of Village boards and commissions shall be required to attend a minimum of 75% of the meetings scheduled within a calendar year.
B. 
Noncompliance with minimum requirements relating to attendance at meetings shall be deemed a proper cause for removal by the Board of Trustees.
C. 
For those boards and commissions for which there are stated training requirements, noncompliance with the minimum requirements related to training shall be deemed a proper cause for removal by the Board of Trustees.
D. 
The chairperson of each board and commission or his/her designee shall have attendance taken at each meeting, and such attendance records shall be maintained by the chairperson or his/her designee.
E. 
The chairperson of each board and commission shall notify the Village Manager in writing on or about December 1 in any year, or at any other time if so warranted, of any member who fails to comply with the minimum requirements for meeting attendance and/or training in any calendar year.
Notwithstanding any training and attendance requirements, the failure of a member of any board or commission to attend the required percentage of meetings or obtain such training shall not affect said member's authority to entertain applications, to deliberate and vote on such applications or otherwise affect the validity of the member's actions.
[Adopted 6-5-2019 by L.L. No. 2-2019]
There are occasions when a duly appointed member of the Village of Ossining Planning Board/Board of Architectural Review, Zoning Board of Appeals, Historic Preservation Commission and Environmental Advisory Council cannot attend a meeting of said Board, Commission or Council (hereinafter "boards") because of conflict of interest, absence, disqualification or otherwise cannot vote on a matter to be considered by said boards, resulting in less than full Boards and in some cases lack the quorum for the conduct of business. It is the purpose of this chapter to permit the Mayor upon approval by the Board of Trustees to appoint alternate member(s) to said boards to attend such meeting(s) and to vote in place of such absent or disqualified member(s).
A. 
This article provides a process for appointing no more than two alternate members to the Village's Planning Board/Board of Architectural Review, Zoning Board of Appeals, Historic Preservation Commission and Environmental Advisory Council when a member of one of these boards has recused himself or herself or is otherwise precluded from consideration of a matter or is absent or otherwise unable to participate at a meeting of one of the listed boards.
B. 
The Village Manager is hereby authorized to appoint no more than two alternate members of the Village's Planning Board/Board of Architectural Review, Zoning Board of Appeals and Historic Preservation Commission. These alternate members may serve when the members are absent or unable to participate on an application or matter before the listed boards.
C. 
The Board of Trustees is hereby authorized to appoint no more than two alternate members of the Village's Environmental Advisory Council. These alternate members may serve when the members are absent or unable to participate on an application or matter before the Council.
D. 
An alternate member shall have all of the rights, privileges and responsibilities of a member of the Planning Board/Board of Architectural Review, Zoning Board of Appeals, Historic Preservation Commission and Environmental Advisory Council. When an alternate member is voting or counting toward the calculation or composition of a quorum, that circumstance shall be noted in the minutes of the particular board meeting.
E. 
All provisions of state law and local law relating to member eligibility, vacancy in office, removal, compatibility of office, ethical requirements, training and service on other boards also shall apply to alternate members.
F. 
Alternate members shall attend all meetings of the boards to which they are appointed (Planning Board/Board of Architectural Review, Zoning Board of Appeals, Historic Preservation Commission and Environmental Advisory Council) including executive sessions, shall sit with and participate in all deliberations of the respective boards on all matters and shall substitute for a member who has recused himself or herself or is otherwise precluded from consideration of a matter or is absent or is otherwise unable to participate at a meeting of the respective board, but an alternate member shall not vote or count toward the calculation or composition of a quorum unless her or she is substituting for a member.
G. 
Insofar as practicable, service by the alternate members shall rotate among the alternate members.
H. 
Alternate members shall be appointed for terms similar to those of members of the respective boards (Planning Board/Board of Architectural Review: five years; Zoning Board of Appeals: five years; Historic Preservation Commission: five years; and Environmental Advisory Council: two years).
This article is hereby adopted pursuant to the provisions of §§ 10 and 22 of the New York State Municipal Home Rule Law. It is the intent of the Village of Ossining Board of Trustees to supersede the provisions of any existing law relating to the appointment of members of the Village's Planning Board/Board of Architectural Review and Zoning Board of Appeals to the extent that this article is contrary to §§ 7-712 and 7-718.[1]
[1]
Editor's Note: See McKinney's Village Law §§ 7-712 and 7-718.