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2010-1532010-153 Resolution Introducing Local Law No. Of the Year 2010, Creating Chapter 5 of the Town Code Entitled, "Attendance and Training Standards for Appointed Boards" 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 April 12, 2010. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Ismay Czarniecki Joseph P. Paoloni Vincent F. Bettina The following Resolution was introduced by Councilman Beale and seconded by Councilwoman Czarniecki. WHEREAS, Town Law Sections 267 and 271 authorizes a Town Board to adopt a local law or ordinance establishing minimum training and attendance standards for members of the Zoning Board of Appeals and Planning Board; and WHEREAS, General Municipal Law Section 239-x authorizes a Town Board to establish attendance standards for members of the Conservation Advisory Council; and WHEREAS, Municipal Home Rule Law authorizes a Town Board to adopt rules and regulations regarding the government of the Town not inconsistent with a state law of general application; and WHEREAS, the Town Board hereby intends to establish minimum training standards for members of the Zoning Board of Appeals and Planning Board as required by Town Law; and WHEREAS, the Town Board hereby intends to establish attendance standards for appointees to the Zoning Board of Appeals, Planning Board, Conservation Advisory Council, Recreation Committee, and such other Boards, Councils or Committees that may be appointed by the Town Board; and WHEREAS, the Town Board has deliberated upon the necessity of requiring attendance at the Zoning Board of Appeals, Planning Board, Conservation Advisory Council, Recreation Committee, and such other Boards, Councils or Committees as may be appointed by the Town Board, and of the necessity of adopting a policy for removal for cause of members of such Boards, Councils and Committees, including, but not limited to unexcused excessive absenteeism and failure to comply with minimum training requirements when applicable; and WHEREAS, the Town Board has determined that any appointed member of such Boards, Councils or Committees is expected to attend all duly -called regular and special meetings of such Board, Council or Committee unless such Board, Council 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, Council or Committee meetings without an excused absence granted by the Town Board, shall be cause for the removal of such Board, Council or Committee Member; and WHEREAS, the Town Board has determined that an "excused absence" may include, but is not limited to, job or business assignment, military assignment, jury duty, illness, medical reason, hospitalization, or the death of an immediate family member or domestic partner, or for such other circumstances as may be deemed reasonable and appropriate by the Town Board; and WHEREAS, the Town Board determines that this is a Type II action pursuant to 6 NYCRR 617.5 (c) (24) and is otherwise exempt from environmental review pursuant to the New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617). NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby introduces for adoption Local Law No. _ of 2010 in the form annexed hereto. 3. The Town hereby determines that the enactment of the aforementioned Local Law is a Type II action as defined in 6 NYCRR 617.5 (c) (24) and, accordingly, the Town Board hereby expressly determines that this action is not an action that requires review pursuant to the provisions of New York State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 or pursuant to 6 NYCRR Parts (617). 4. The Town Board hereby schedules a Public Hearing on the Proposed Adoption of Local Law No. of 2010 to be held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York on the 10th day of May, 2010, at 7:00 p.m., and the Town Clerk is directed to post the Notice of the Public Hearing in the form annexed hereto and to publish same in the Southern Dutchess News and Poughkeepsie Journal as required by law. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: ABSENT ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: NAY Dated: Wappingers Falls, New York 4/12/2010 The Resolution is hereby duly declared adopted. J C. MASTERSON, TOWN CLERK LOCAL LAW NO. OF THE YEAR 2010 A Local Law entitled Local Law No. of the Year 2010, Creating Chapter 5 of the Town Code entitled, "Attendance and Training Standards for Appointed Boards." BE IT ENACTED by the Town Board of the Town of Wappinger as follows: Section -I: Title. This Local Law shall be known and cited as Town of Wappinger Local Law No. of 2010, Creating Chapter 5 of the Town Code entitled, "Attendance and Training Standards for Appointed Boards." The adoption of this Local Law establishes and creates Chapter 5 "Attendance and Training Standards for Appointed Boards" of the Code of the Town of Wappinger. Section -II: Creation of Chapter 5: "ATTENDANCE AND TRAINING STANDARDS FOR APPOINTED BOARDS." Chapter 5 of the Town Code of the Town of Wappinger is hereby adopted to read as follows: "CHAPTER 5 § 5-1. Legislative Intent and Purpose. A. Pursuant to the authority granted by Section 10(1)(ii)(a)(12) and Section 10(1)(ii)(d)(3), Section 267 and Section 271 of the Town Law and Section 239-x of the General Municipal Law and other applicable provisions of law now or hereinafter enacted, to supersede and/or expand upon the applicable provisions of the aforementioned sections of Town Law and General Municipal Law and any other applicable or successor law, the Town Board is authorized to set appropriate regulations for appointed Boards in the Town. The Town Board has determined it is proper to impose minimum training and attendance standards for appointed members of the Town of Wappinger Zoning Board of Appeals, Planning Board, Conservation Advisory Council and Recreation Committee and such other Committees, Councils or Boards as may be duly formed by the Town Board of the Town of Wappinger from time to time hereafter (hereinafter the `Boards"). The Town Board recognizes that New York State Law requires that all municipal bodies conduct F:\0) Cbris\A] Roberts\2010Wttendance\LL.doc business by resolution or motion duly adopted by a majority of the whole number of such Boards. Accordingly, regular attendance by members who are appointed to such Boards is essential to fulfill the statutory duties, function and orderly processing of applications and matters before such Boards. Failure to have a quorum present for the conduct of business before such Boards may result in unnecessary expense and hardship to applicants, residents or interested parties who appear before such Boards and may expose the Town to potential legal liability and expense, especially for those applications which are time sensitive or which may have state -mandated time requirements. B. New York State Town Law and New York State General Municipal Law authorize the removal for cause of members of the Zoning Board of Appeals, Planning Board or Conservation Advisory Council following a public hearing pursuant to a local law or ordinance adopted by the Town Board. Persistent, unexcused absenteeism by such members could prevent the Boards from properly conducting vital business. C. The purpose of this Local Law is to require minimum standards of attendance and training by persons who are appointed to such Boards and to adopt a policy for their removal in the event they fail to comply with the established minimum standards of attendance and training. § 5-2. Defmition. The term "Board" shall mean the Zoning Board of Appeals, Planning Board, Conservation Advisory Council, Recreation Committee, and such other Boards, Councils or Committees as may be duly formed or created by the Town Board. § 5-3. Attendance Required. A. The Town Board hereby determines that any duly -appointed member of a Board created by the Town Board is expected to attend all duly -called regular and special meetings of such Board, unless such Board Member has been granted an excused absence by the Town Board as hereinafter authorized. B. The Town Board hereby determines that it shall be cause for removal from any such Board if any Board Member has attended fewer than 80% of all duly -called regular and special meetings within any consecutive twelve (12) month period, or if such Board Member is absent from five (5) consecutive duly -called regular or special meetings, unless his or her absence at such meetings has been excused by the Town Board as hereinafter provided. C. Only absences occurring on and after the effective date of this Local Law shall be counted as cause for removal. § 5-4. Training Required for Members of Zoning Board of Appeals and Planning Board. Each member of the Planning Board and Zoning Board of Appeals shall complete, at a minimum, four (4) hours of training each year designed to enable such members to more 2 effectively carry out their duties. Training received by a member in excess of four (4) years in any one year may be carried over by the member to succeeding years in order to meet the requirements established herein. Such training shall be approved by the Town Board 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, state wide municipal association, college or other similar entity. Training may be provided in a variety of formats, including, but not limited to, electronic media, video, distance learning and traditional classroom training. To be eligible for reappointment to such Board, such member shall complete the training promoted by the Town pursuant to this subdivision. The training required by the Town may be waived or modified by resolution of the Town Board when, in the judgment of the Town Board, it is in the best interest of the Town to do so. No decision of the Planning Board or Zoning Board shall be voided or declared invalid because of a failure of any member thereof to comply with this section. § 5-5. Cause for Removal. A. The Town Board hereby determines that members of such Boards may be subject to removal for cause by a majority vote of the Town Board. B. Cause shall be deemed to include, but not be limited to, excessive absenteeism, excessive tardiness, inefficiency, neglect of duties or malfeasance in this office, or failure to attend yearly minimum training. For the purposes of this Chapter, excessive absenteeism shall mean a failure to attend at least 80% of all duly -called regular or special meetings within any consecutive twelve (12) month period, or five (5) consecutive duly -called regular or special meetings, unless such Board Member has been excused for attendance by the Town Board. C. Every Board Member sought to be removed from office shall receive written notice of the reasons or grounds for his or her removal and shall be entitled to a public hearing within twenty (20) days of service of such notice. § 5-6. Excused Absences. A. Any Board Member who has been or will be absent from his or her respective Board may request that the Town Board excuse such absence for just cause, which just cause shall include, but not be limited to, job or business assignment, military assignment, jury duty, illness, medical reason, hospitalization or the death of an immediate family member or domestic partner, or for such other circumstances as may be deemed reasonable and appropriate by the Town Board. B. In the event such absence is excused by the Town Board, such absence shall not be used as a cause for removal. C. The Town Board is also authorized to grant approved leaves of absence for any cause deemed reasonable and appropriate by the Town Board. Any approved leave of absence shall not be deemed an absence for calculating mandatory minimum attendance requirements." Section -III: Numbering for Codification. It is the intention of the Town of Wappinger and it is hereby enacted that the provisions of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and sub -sections of this Local Law may be re -numbered or re -lettered to accomplish such intention; the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be changed to "Chapter," "Section" or other appropriate word as required for codification; and any such rearranging of the numbering and editing shall not effect the validity of this Local Law or the provisions of the Code effected thereby. Section -IV: Separability. The provisions of this Local Law are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this Local Law or their application to other persons or circumstances. It is hereby declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local Law would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the Local Law or part thereof is held inapplicable had been specifically exempt therefrom. Section -V: Effective Date. This Local Law shall become effective immediately upon filing with the Secretary of State as provided by law. 2 RESOLUTION NO. 2010-_ RESOLUTION ADOPTING LOCAL LAW NO. OF THE YEAR 2010, CREATING CHAPTER 5 OF THE TOWN CODE ENTITLED, "ATTENDANCE AND TRAINING STANDARDS OF APPOINTED BOARDS" 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, held on the day of 2010, at 7:00 P.M. The meeting was called to order by Christopher J. Colsey, Supervisor, and upon roll being called, the following were present: by PRESENT: Supervisor Council Members ABSENT: The following Resolution was introduced by Christopher J. Colsey William Beale Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni and seconded WHEREAS, a Resolution was duly adopted by the Town Board of the Town of Wappinger introducing proposed Local Law No. of the Year 2010, Creating Chapter 5 of the Town Code entitled, "Attendance and Training Standards of Appointed Boards"; and WHEREAS, the Public Hearing was duly advertised in the Poughkeepsie Journal and the Southern Dutchess News, the official newspaper of the Town; and FA0) Chris\Al Roberts\2010\Attendance\Res Adopt.doc WHEREAS, the Public Hearing was held on , 2010, and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed Local Law or any part thereof; and WHEREAS, the Town Board determined that the proposed Local Law was not subject to Environmental Review; and WHEREAS, the Town Board of the Town of Wappinger after due deliberation finds that it is in the best interest of the Town to adopt said Local Law; and WHEREAS, said Local Law has been on the desks of the members of the Town Board of the Town of Wappinger for at least seven (7) days exclusive of Sunday prior to the adoption of this Resolution. 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 of the Town of Wappinger hereby adopts Local Law No. of the Year 2010, Creating Chapter 5 of the Town Code entitled, "Attendance and Training Standards of Appointed Boards", a copy of which is attached hereto and made part of this Resolution. 3. The Town Clerk is directed to enter said Local Law in the minutes of this meeting and to the Local Law book for the Town of Wappinger and to give due notice of the adoption of said Local Law to the Secretary of State of New York. The foregoing was put to a vote which resulted as follows: CHRISTOPHER J. COLSEY, Supervisor Voting WILLIAM BEALE, Councilman Voting 2 VINCENT F. BETTINA, Councilman Voting ISMAY CZARNIECKI, Councilwoman Voting JOSEPH P. PAOLONI, Councilman Voting Dated: Wappingers Falls, New York 2010 The Resolution is hereby duly declared adopted. JOHN C. MASTERSON, TOWN CLERK 3 NOTICE OF PUBLIC HEARING TOWN OF WAPPINGER NOTICE IS HEREBY GIVEN that the Town Board of the Town of Wappinger will conduct a PUBLIC HEARING on the day of May, 2010, at 7:00 p.m. at the Town Hall, Town of Wappinger, 20 Middlebush Road, Wappingers Falls, New York, at which time all parties in interest and citizens shall have an opportunity to be heard as to whether the Town Board of the Town of Wappinger shall adopt proposed Local Law No. of the Year 2010, Creating Chapter 5 of the Town Code Entitled, "Attendance and Training Standards for Appointed Boards." PLEASE TAKE FURTHER NOTICE that the purpose of the proposed Local Law is to establish attendance and training standards for appointees of the Zoning Board of Appeals, Planning Board, Conservation Advisory Council, Recreation Committee, and such other Boards, Councils or Committees that may be appointed by the Town Board. PLEASE TAKE FURTHER NOTICE that the Town Board has determined that pursuant to 6 NYCRR 617.5 (c) (24) the proposed adoption of the aforementioned Local Law is a Type II action not requiring environmental review pursuant to the State Environmental Quality Review Act (SEQRA) or pursuant to Local Law No. 6 of 1992 and, accordingly, no environmental review has been undertaken. PLEASE TAKE FURTHER NOTICE that copies of the proposed Local Law No. of the Year 2010 is available for review and inspection at the Office of the Town Clerk on weekdays from 8:30 a.m. to 4:00 p.m., at the Town Hall, 20 Middlebush Road, Wappingers Falls, New York. Dated: , 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF WAPPINGER JOHN C. MASTERSON, TOWN CLERK F:\0) ChrisWl Roberts\2010Wttendance\PH Notice.doc