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HomeMy WebLinkAbout2003_4_22_Local_Law_No_12 Local Law No. 12 -2003 This local law shall be known as the "Creation of Chapter 5 --'Boards, Commissions, Authorities and Committees' Law. BE IT ENACTED by the Town Board of the Town of Mamaroneck Section 1-Purpose: The purpose of this local law is to create a separate chapter in the Code of the Town of Mamaroneck where all of the standing Boards, Commissions, Authorities and Committees appointed solely by the Town Board are listed with their organizational features. The new chapter also will standardize the terms of office of the members of those various municipal bodies. Finally to avoid duplication, this local law repeals those sections of the Code where the organizational features of the municipal bodies listed in this new chapter currently appear. Section 2 -Amendment to the Code of the Town of Mamaroneck The Code of the Town of Mamaroneck hereby is amended to add a new chapter entitled "Boards, Commissions, Authorities and Committees" to read as follows: Chapter 5 Boards, Commissions, Authorities and Committees § 5-1 Purpose The purpose of this chapter is to reorganize the Code by placing in one chapter the names and organizational features of all standing boards, commissions, authorities and committees whose members are appointed solely by the Town Board. This chapter does not list those municipal bodies which, though serving the Town of Mamaroneck, have members who are appointed by the Town Board and by the Board of Trustees of either the Village of Larchmont or the Village of Mamaroneck, or both or are appointed by the Town Board based upon the recommendation of the trustees of either or both of those two villages. § 5-2 Definitions Unless otherwise expressly stated, wherever used in this chapter, the following terms shall have these meanings: MEMBER shall mean a person serving on any of the boards, commissions, authorities and committees listed in this chapter. RESIDENT shall mean a person who has a home that is either in (1) a part of the Town of Mamaroneck lying outside the limits of both the Village of Mamaroneck and the Village of Larchmont, (2) a part of the incorporated limits of the Village of Mamaroneck that is also part of the Town of Mamaroneck or(3) the incorporated area of the Village of Larchmont. §5-3 General Provisions A. All members shall be residents. Page 2 B. Except for the members of the Board of Assessment Review, all members shall serve without compensation. C. A member shall continue to serve after the expiration of that member's term until the successor to that position is appointed and qualifies to serve. D. A member appointed to the position of chairperson shall continue to serve as chairperson after the expiration of that member's term as chairperson until a successor chairperson is appointed. E. The Town Board shall appoint persons to fill vacancies that may occur among members. A person so appointed shall serve the unexpired term of the member whose position becomes vacant. F. Each board, commission, authority and committee shall keep a record of its meetings and of all actions taken. § 5-4 Beautification Committee A. The Beautification Committee, previously established by the Town Board, shall continue to exist. It shall consist of seven (7) members. The members shall be known as Member A, Member B, Member C, Member D, Member E, Member F and Member G. All of the members shall be appointed by the Town Board. Annually the Town Board shall designate which of the members shall serve as the Chairperson for that year. B. Except for persons appointed on or before September 1, 2003 and except as provided in section 5-4 D. of the Code, the term of office of each member shall be three (3) years and shall expire on the 31st day of December of the year in which the term expires. C. The term of office of a member appointed on or before September 1, 2003 shall commence on the date selected by the Town Board in its resolution making the appointment but the term of office of: (1) Member A and Member B shall expire on December 31, 2003; (2) Member C and Member D shall expire on December 31, 2004; and (3) Member E , Member F and Member G shall expire on December 31, 2005. D. If a person is appointed or qualifies as a member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term was scheduled to expire even though the person shall have served less than three (3) years. § 5-5 Board of Appeals (RESERVED) § 5-6 Board of Architectural Review A. The Board of Architectural Review, previously established by the Town Board, shall continue to exist. It shall consist of five (5) regular members and one (1) alternate member. The members shall be known as Member A, Member B, Member C, Member D, Member E and the Alternate Page 3 Member. All of the members shall be appointed by the Town Board. Annually the Town Board shall designate which of the members shall serve as the Chairperson for that year. B. Except for persons appointed on or before September 1, 2003 and except as provided in section 5-6 D. of the Code, the term of office of each regular member and the alternate member shall be three (3) years and shall expire on the 31st day of December of the year in which the term expires. C. The term of office of a member appointed on or before September 1, 2003 shall commence on the date selected by the Town Board in its resolution making the appointment but the term of office of: (1) Member A and Member B shall expire on December 31, 2003; (2) Member C and Member D shall expire on December 31, 2004; and (3) Member E and the Alternate Member shall expire on December 31, 2005. D. If a person is appointed or qualifies as a regular member or an alternate member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term was scheduled to expire even though that person shall have served less than three (3) years. E. The alternate member shall attend and participate in the meetings of the Board, including the Board's deliberations, but shall not vote, except in the absence of one (1) or more of the regular members of the Board, in which case the alternate member shall have the same authority to vote on a matter as any other member. When one (1) or more of the regular members is absent, the alternate member, if present, shall be counted in determining whether a quorum exists. § 5-7 Board of Assessment Review A. The Board of Assessment Review, previously established by the Town Board, shall continue to exist. It shall consist of three (3) members. The members shall be known as Member A, Member C and Member E. All of the members shall be appointed by the Town Board. In accordance with section 523 (1) (e) of the New York Real Property Tax Law, annually the members of the Board of Assessment Review shall designate which of them shall serve as the Chairperson for that year. B. Except for persons appointed on or before September 1, 2003 and except as provided in section 5-7 D. of the Code, the term of office of each member shall be five (5) years and shall expire on the 30th day of September of the year in which the term expires. C. The term of office of a member appointed on or before September 1, 2003 shall commence on the date selected by the Town Board in its resolution making the appointment but the term of office of: (1) Member A shall expire on September 30, 2003; (2) Member C shall expire on September 30, 2004; and (3) Member E shall expire on September 30, 2005. D. If a person is appointed or qualifies as a member after October 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the September 30th on which that person's term is scheduled to expire even though the person shall have served less than five (5) years. Page 4 § 5-8 Board of Ethics A. The Board of Ethics, previously established by the Town Board, shall continue to exist. It shall consist of five (5) members. The members shall be known as Member A, Member B, Member C, Member D and Member E. All of the members shall be appointed by the Town Board. Annually the Town Board shall designate which of them shall serve as the Chairperson for that year. B. Except for persons appointed on or before September 1, 2003 and except as provided in section 5-8 D. of the Code, the term of office of each member shall be three (3) years and shall expire on the 31st day of December of the year in which the term expires. C. The term of office of a member appointed on or before September 1, 2003 shall commence on the date selected by the Town Board in its resolution making the appointment but the term of office of: (1) Member A and Member B shall expire on December 31, 2003; (2) Member C and Member D shall expire on December 31, 2004; and (3) Member E shall expire on December 31, 2005. D. If a person is appointed or qualifies as a member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term is scheduled to expire even though the person shall have served less than three (3) years. § 5-9 Historic Records Committee. A. The Historic Records Committee, previously established by the Town Board, shall continue to exist. It shall consist of four(4) members. The Town Clerk shall be a permanent member and the chairperson of the Committee. The remaining members shall be known as Citizen Member A, Citizen Member C and Citizen Member E. All of the citizen members shall be appointed by the Town Board. B. Except for persons appointed on or before September 1, 2003 and except as provided in section 5-9 D. of the Code, the term of office of each citizen member shall be three (3) years and shall expire on the 31st day of December of the year in which the term expires. C. The term of office of a citizen member appointed on or before September 1, 2003 shall commence on the date selected by the Town Board in its resolution making the appointment but the term of office of: (1) Citizen Member A shall expire on December 31, 2003; (2) Citizen Member C shall expire on December 31, 2004; and (3) Citizen Member E shall expire on December 31, 2005. D. If a person is appointed or qualifies as a citizen member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term is scheduled to expire even though the person shall have served less than three (3) years. § 5-10 Planning Board Page 5 (RESERVED) § 5-11 Recreation Commission (RESERVED) § 5-12 Town of Mamaroneck Housing Authority A. The Town of Mamaroneck Housing Authority, established by section 569 of the New York Public Housing Law, shall consist of five (5) members. The five (5) members shall be known as Member A, Member C, Member E, Member H and Member I. All of the members shall be appointed by the Town Board. In accordance with section 32 (1) of the New York Public Housing Law, annually the members of the Town of Mamaroneck Housing Authority shall designate which of them shall serve as the Chairperson and which shall serve as the Vice Chairperson. B. Except for persons appointed on or before September 1, 2003 and except as provided in section 5-11 D. of the Code, the term of office of each member shall be five (5) years and shall expire on the 31st day of December of the year in which the term expires. C. The term of office of a member appointed on or before September 1, 2003 shall commence on the date selected by the Town Board in its resolution making the appointment but the term of office of: (1) Member A shall expire on December 31, 2003; (2) Member C shall expire on December 31, 2004; (3) Member E shall expire on December 31, 2005; (4) Member H shall expire on December 31, 2006; and (5) Member I shall expire on December 31, 2007. D. If a person is appointed or qualifies as a member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term is scheduled to expire even though the person shall have served less than five (5) years. § 5-13 Traffic Committee A. The Traffic Committee, previously established by the Town Board, shall continue to exist. It shall consist of seven (7) members. The members shall be known as Member A, Member B, Member C, Member D, Member E, Member F and Member G. All of the members shall be appointed by the Town Board. Annually the Town Board shall designate which of the members shall serve as Chairperson for that year. B. Except for persons appointed on or before September 1, 2003 and except as provided in section 5-12 D. of the Code, the term of office of each member shall be three (3) years and shall expire on the 31st day of December of the year in which the term expires. C. The term of office of a member appointed on or before September 1, 2003 shall commence on the date selected by the Town Board in its resolution making the appointment but the term of office of: (1) Member A and Member B shall expire on December 31, 2003; Page 6 (2) Member C and Member D shall expire on December 31, 2004; (3) Member E, Member F and Member G shall expire on December 31, 2005. D. If a person is appointed or qualifies as a citizen member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term is scheduled to expire even though the person shall have served less than three (3) years. § 5-14 Tree Preservation Commission A. The Tree Preservation Commission, previously established by the Town Board, shall continue to exist. It shall consist of five (5) members. The Environmental Coordinator, the Director of Building and Land Use Administration and the Superintendent of Highways (or the Superintendent's designee) shall be permanent members. The remaining members shall be known as Citizen Member A and Citizen Member C. Both of the citizen members shall be appointed by the Town Board. Each citizen member shall be a person with knowledge and expertise in arboriculture. Annually the Town Board shall designate which of the members shall serve as the Chairperson for that year. B. Except for persons appointed on or before September 1, 2003 and except as provided in section 5-13 D. of the Code, the term of office of each citizen member shall be three (3) years and shall expire on the 31st day of December of the year in which the term expires. C. The term of office of a citizen member appointed on or before September 1, 2003 shall commence on the date selected by the Town Board in its resolution making the appointment but the term of office of: (1) Citizen Member A shall expire on December 31, 2003; and (2) Citizen Member C shall expire on December 31, 2004. D. If a person is appointed or qualifies as a citizen member after January 1 of the year in which the term of that person's office was scheduled to begin, that person's term shall expire on the December 31st on which that person's term is scheduled to expire even though the person shall have served less than three (3) years. Section 3-Amendments to the Code of the Town of Mamaroneck: (a) Section 3-3 of the Code of the Town of Mamaroneck hereby is deleted in its entirety and the following is substituted in its place: § 3-3. Qualification for membership All members of the Board of Architectural Review shall be specially qualified either by reason of training or experience in architecture, land development, city planning, real estate, landscape architecture, profession property values or other relevant business or profession or by reason of civic interest and sound judgment, to judge the effects of a proposed building or alteration or remodeling thereof upon the property values and development of surrounding areas. At least one (1) regular member shall be a registered architect in the State of New York. (b) Section 17-3 of the Code of the Town of Mamaroneck hereby is deleted in its entirety and the following is substituted in its place: Page 7 § 17-3. Board of Ethics. A. A majority of the members of the Board of Ethics shall be persons other than town employees but shall include only one member who is an elected or appointed Town employee. There shall be no more than three members who are enrolled in the same political party as defined in the Election Law of the State of New York. (c) Section 207-3 of the Code of the Town of Mamaroneck hereby is deleted in its entirety and the following is substituted in its place: § 207-3. Additional Duties of the Tree Preservation Commission. In addition to its other duties as provided for in this chapter, the Tree Preservation Commission shall advise the Town Board in its selection, purchases, placement, and planting of trees and shrubs on municipal property and shall maintain an inventory and management plan for the continued maintenance and improvement of municipal plantings. Section 4 - Severability: Should any provision of this Local Law be declared invalid or unconstitutional by any court of competent jurisdiction, such declaration of unconstitutionality or invalidity shall not affect any other provisions of this Local Law, which may be implemented without the invalid or unconstitutional provisions. Section 5 - Effective Date: This Local Law shall become effective upon filing with the Secretary of State.