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2010-1322010-132 Resolution Authorizing Drafting of Attendance Standards for Town of Wappinger Appointed Board and Committee Members At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on March 22, 2010. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor - Christopher J. Colsey Councilmembers - William H. Beale (arrived at 6:05pm) Ismay Czarniecki Joseph P. Paoloni ABSENT: Vincent F. Bettina The following Resolution was introduced by Councilman Beale and seconded by Councilwoman Czarniecki. WHEREAS, the Town Board appoints members to the Planning Board, the Zoning Board of Appeals, the Conservation Advisory Council and the Recreation Committee; and WHEREAS, the attendance of such duly -appointed Board and Committee members is vital to the efficiency, functionality and orderly processing of applications and duties of each body; and WHEREAS, member absenteeism from such Boards or Committees may result in unnecessary expense and hardship to applicants, residents or interested parties who appear before such Boards or Committees, and may expose the Town to potential legal liability and expense, especially for those applications which have state -mandated time requirements; and WHEREAS, New York State Town Law and New York State General Municipal Law authorizes the removal for cause of Planning Board Members, Zoning Board of Appeals Members and Conservation Advisory Council Members, following a public hearing pursuant to a local law or ordinance adopted by the Town; and WHEREAS, persistent, unexcused absenteeism of members of the named Boards and Committees from regular meetings might constitute neglect of duty or cause for removal, depending on all relevant circumstances; and WHEREAS, the Town Board has deliberated upon the necessity of requiring attendance at said Board and Committees by such members, and of the necessity of adopting a policy for removal for cause of members of such Boards and Committees including, but not limited to, unexcused excessive absenteeism; and WHEREAS, the Town Board has determined that any appointed member of such Board or Committee is expected to attend all duly -called regular and special meetings of such Board or Committee, unless such Board or Committee member has been granted an excused absence by the Town Board for cause demonstrated; and WHEREAS, the Town Board has determined that attendance at less than eighty percent (80%) of all duly -called regular or special meetings within any consecutive twelve (12) month period, without an excused absence granted by the Town Board, or absence from five (5) consecutive Board or Committee meetings without an excused absence granted by the Town Board, shall be cause for the removal from such Board or Committee member; and WHEREAS, the Town Board has determined that an "excused absence" may include, but is not limited to, absence for illness, medical reason, hospitalization, or death of the Board or Committee member, or any of the Board or Committee member's immediate family, or domestic partner, or such other circumstances as may be deemed reasonable and appropriate by the Town Board. NOW, THEREFORE, BE IT RESOLVED, as follows: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board determines that it is in the best interest of the Town to adopt a policy requiring attendance at duly -called regular and special meetings of the Planning Board, Zoning Board of Appeals, Conservation Advisory Council and Recreation Committee, and that failing to attend such Board or Committee meetings may result in the removal of such Board or Committee member for cause. 3. The Town Board further determines that members of the Planning Board, Zoning Board of Appeals, Conservation Advisory Council and Recreation Committee shall be subject to removal by a majority vote of the Town Board for cause as determined by the Town Board. 4. The Town Board determines that cause shall be deemed to include, but not be limited to, inefficiency, neglect of duty, excessive absenteeism or malfeasance in office. For the purposes of this Resolution, excessive absenteeism shall mean a failure to attend at least eighty percent (80%) of any duly -called regular or special meetings within any consecutive twelve (12) month period, or five (5) consecutive regular or special meetings. Any Board or Committee member subject to removal shall receive written notice of the grounds for his or her removal and shall be entitled to a public hearing thereon. 5. The Town Board is hereby authorized to grant approved leaves of absence for any cause deemed acceptable by the Town Board. Any approved leave of absence shall not be deemed an absence for calculating mandatory minimum attendance requirements. 6. The Town Board hereby authorizes the Attorney to the Town to prepare a local law implementing the provisions of this Resolution. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR WILLIAM H. BEALE, COUNCILMAN VINCENT F. BETTINA, COUNCILMAN ISMAY CZARNIECKI, COUNCILWOMAN JOSEPH P. PAOLONI, COUNCILMAN Dated: Wappingers Falls, New York 3/22/2010 Voting: AYE Voting: AYE Voting: ABSENT Voting: AYE Voting: NAY The Resolution is hereby duly declared adopted. Q_ �' - r, 1&,4" " J HN C. ASTERSON, TOWN CLERK