[HISTORY: Adopted by the Town Board of the
Town of Huntington 8-6-2002 by L.L. No. 28-2002. Amendments noted
where applicable.]
The Town Board hereby finds that fair, open,
accessible and accountable government greatly improves the quality
of government activities, increases resident involvement and best
serves the public interest. To promote these goals, it is the intent
of the Town Board that all of its appointed public bodies, whether
paid or unpaid, whether advisory or vested with statutory authority,
comply with both the letter and the spirit of all applicable state
and local laws, especially those relating to open meetings, freedom
of information and timely action on the matters under consideration.
In furtherance of the foregoing, this act shall be known as the "Fair,
Open and Accountable Government Act."
[Amended 2-11-2003 by L.L. No. 4-2003; 5-11-2021 by L.L. No. 25-2021]
All members of Boards, Committees, Councils,
Commissions or other similar bodies, including alternate members,
appointed by the Town Board or other Town official with authority
to do so, shall, to the fullest extent possible, with any uncertainty
being resolved in favor of public disclosure and access, comply with
all applicable state and local laws and ordinances, including but
not limited to the following:
(A)
The Open Meetings Law of the State of New York and
the Public Officers Law § 103, as amended from time to time;
and
(B)
All votes on applications or other matters shall be
made in public and accurately recorded in minutes by hand, by a stenographer
or by electronic means; and
(C)
All meetings shall be held in a place that can accommodate
members of the public reasonably expected to attend, except in the
case of the Zoning Board of Appeals and the Planning Board. The meetings
of these Boards (when a quorum is present) must be held in the public
hearing room in Town Hall, also known as the "Town Board Room," provided
that for procedural, nonsubstantive or executive session matters,
said Boards may meet in Room 114 in Town Hall or another similar room
that is accessible for the physically challenged and which has seating
for at least twenty (20) members of the public; provided further that
this will not preclude a site visit for information purposes only
where no votes are taken; provided further that all meetings and votes
of the Zoning Board of Appeals and the Planning Board shall take place
in open session in the Town Board Room, unless that room is not available,
in which case Room 114 or another similar room that is accessible
for the physically challenged and which has seating for at least twenty
(20) members of the public may be used; and
(D)
The Freedom of Information Law of the State of New
York, as embodied in Public Officers Law § 84 et seq., as
amended from time to time; and
(E)
All applicable provisions of the Town Law of the State
of New York, including but not limited to the requirements in Town
Law §§ 267-a(8) and (9) regarding the time period in
which the Zoning Board of Appeals must render and file its decisions
and give notice thereof.
(F)
Notwithstanding
the foregoing, nothing herein shall be construed to abrogate the authority
of the Town Board to impose measures to ensure the safety and privacy
of visitors and employees while conducting business at Town of Huntington
facilities. The Town Board hereby designates certain areas of Town
Hall as nonpublic forums, including the office of the Town Clerk and
the private offices of Town employees. Accordingly, members of the
public are prohibited from unauthorized entry, audio recording, videotaping
and still photography in any areas designated as nonpublic forums.
[Added 7-11-2023 by L.L. No. 15-2023]
[Amended 6-5-2007 by L.L. No. 26-2007; 3-10-2015 by L.L. No. 18-2015; 5-11-2021 by L.L. No. 25-2021]
All members of the Zoning Board of Appeals,
Planning Board and Board of Assessment Review, including alternate
members, shall complete the following training and continuing education
requirements as a condition to service:
(A)
Each member of the Zoning Board of Appeals and Planning Board, including
alternate members, shall complete, at a minimum, four (4) hours of
training each year designed to enable such members to more effectively
carry out their duties. Training received by a member in excess of
the four (4) hours in any one (1) year may be carried over by the
member into succeeding years in order to meet the requirements of
this subdivision. Such training shall be approved by the Town Attorney
and may include, but not be limited to, training provided by a municipality,
regional or county planning office or commission, county planning
federation, state agency, statewide municipal association, law school,
college, bar association, qualified attorneys or other similar entity
or person. Training may be provided in a variety of formats, including
but not limited to, electronic media, video, distance learning and
traditional classroom learning. Proof of such attendance shall be
filed by the respective department head in the Town Clerk's office
by December 31 of each year of service.
(1)
To be eligible for reappointment to such board, such member shall
have completed the required training.
(2)
The training required by this Chapter may be waived or modified by
resolution of the Town Board when, in the judgment of the Board, it
is in the best interest of the Town to do so.
(3)
No decision or action of a Board shall be voided or declared invalid
because of a failure to comply with the training requirements of this
Chapter.
(B)
Members of the Board of Assessment Review, including alternate or
temporary members if applicable, shall complete the training required,
pursuant to § 523(2) of the Real Property Tax Law as a condition
of appointment.
[Amended 3-10-2015 by L.L. No. 18-2015; 5-11-2021 by L.L. No. 25-2021]
The failure of any Board Member, or alternate member, to comply
with the foregoing training and education requirements shall be grounds
for removal by the Town Board after a public hearing and an opportunity
to be heard. Such cause for removal shall be in addition to and not
in derogation of any other grounds provided by law.
[Added 3-10-2015 by L.L.
No. 18-2015]
(A)
Monthly conferences. The Chairmen of the Zoning Board and Planning
Board, counsel to such Boards, and the Director of Planning or his
designee shall meet on a monthly basis, at a time established by the
Director in advance of each meeting, to coordinate the review and
processing of land use applications, discuss concerns, and streamline
the land use approval process.
(B)
Annual conference. All Planning and Zoning Board Members shall convene
annually at a time and place established by the Director of Planning
and Environment for joint training on planning and/or zoning issues,
or to discuss common areas of interest or concern, or any combination
thereof as set forth in an agenda jointly prepared in advance of each
session by the Chairman of each Board. Such sessions may include but
shall not be limited to the presentation of experts in the fields
of planning, zoning and land use, and such other experts and speakers
as deemed necessary by the Boards.
[Amended 7-13-2021 by L.L. No. 35-2021]
