Montgomery County Seal!RESOLUTION NO. 86 of 2018

DATED: April 24, 2018
     

RESOLUTION ADOPTING INTRODUCTORY LOCAL LAW C (LOCAL LAW 3 OF 2018) - A LOCAL LAW ESTABLISHING A COUNTY PLANNING BOARD IN MONTGOMERY COUNTY AND RESCINDING LOCAL LAW 1 OF 2014 (EC/DEV, PLANNING & DEVELOPMENT)


Resolution by Legislator:   Wilson
Seconded by: Dimond

WHEREAS, the Montgomery County Legislature wishes to allow alternate members to be allowed to vote in the event there is not a quorum,  and

WHEREAS, pursuant to General Municipal Law, membership and composition is to be determined by the governing body of the county,

RESOLVED, that Introductory Local Law C of 2018  hereby is submitted to the Montgomery County Legislature for consideration:

A LOCAL LAW ESTABLISHING A COUNTY PLANNING BOARD IN MONTGOMERY COUNTY 

BE IT ENACTED by the Legislature of the County of Montgomery as follows:

Section 1. Pursuant to the provisions of Article XII-b of the General Municipal Law of the State of New York, there is hereby established a Montgomery County Planning Board.

Section 2. The County Planning Board shall consist of nine (9) regular board members, and two alternate board members to be appointed by the Legislature.  The nine (9) members duly appointed represent each of the County Legislative Districts.  Two alternate members may be appointed to serve at the discretion of the chairman of the Planning Board, when regular board members are unavailable. The respective terms of the members of the Planning Board shall be commensurate with that of the Legislature.  Two alternate board members will have a two year term.  In the event a vacancy occurs other than by expiration of a term, it shall be filled by appointment for the unexpired term.

Section 3. The Montgomery County Planning Board shall have the following powers and duties:

1.  The board shall annually elect from its own membership a chairman, vice chairman, and a secretary and may from time to time elect other officers of said board as it deems necessary.

2.  The Chairperson of the board will have the discretion to allow an alternate board member to substitute for a regular member in the event such member is unable to participate because of a conflict of interest.

3. The Chairperson of the Board will have the discretion to allow an alternate board member to substitute for a regular member in the event that there is not a quorum of the board.

4.  Adopt rules and regulations necessary to implement the board’s own procedures and organization.

5.  Formulate and recommend to the County Legislature major development policies in the form of statements, plans, maps and other appropriate materials to serve as reference guides with the objective of achieving an orderly, attractive, harmonious, and economically sound development pattern. Such policies shall relate, among other things to: land use, population density, transportation facilities, including roads and highways, parks, recreation areas, open space, community appearance, economic development, and public infrastructure.

6.  To advise the County Legislature with respect to any subject falling within the policies herein enumerated, and with respect to any matter relating to the physical from or development pattern of the County.

7.  In addition to the powers and duties set forth herein, the Montgomery County Planning Board shall have and is vested with all the powers, authority, and responsibilities provided by Sections 239-D, 239-L, 239-M of Article 12-B of General Municipal Law.

Section 4. The Legislature of Montgomery County is hereby authorized to appropriate and raise by taxation money for the expenses of the Montgomery County Planning Board; and the County of Montgomery shall not be chargeable with any expense incurred by such Planning Board except pursuant to such an appropriations. The members of the Planning Board shall receive no salary or compensation for their services as a member of such board, but shall be reimbursed for their expenses actually and necessarily incurred by them in the performance of their duties.

Section 5. Rescind Local Law #1 of 2014 A Local Law Establishing a County Planning Board in Montgomery County.

Section 6. This local law shall take effect upon the adoption and the filing of one certified copy thereof with the County Clerk, one certified copy with the Office of the State Comptroller and four certified copies in the Office of the Secretary of State.

RESOLUTION VOTE, passed with Aye(9). (4/24/2018)


Statement of Legislative and Financial Impact:

I. Nature of Request:

Resolution rescinds Local Law #1 of 2014 in relation to Establishing a County Planning Board and re-establishes County Planning Board to account for alternate members to be utilized in the event of a lack of a quorum.


II. Justification:

There is a need a to allow for alternate members to be allowed to vote in the event there isn't a quorum for County Planning Board meetings as it is difficult to be sure there is a quorum each month.


III. Legislative Impact:

Purusant to Article 2 of the Montgomery County Charter, the Montgomery County Legislature has the authority  to exercise all powers of local legilsation in relation to enacting, amending ro rescinding local laws.


IV. Financial Impact:

None



cc: County Clerk
County Treasurer
Economic Development/Planning Director

Voting Record
Kelly (R) Yes 
Sweet (R) Yes 
Dimond (D) Yes 
Headwell, Jr. (R) Yes 
Wilson (R) Yes 
Duchessi (D) Yes 
Pepe (R) Yes 
Isabel (D) Yes 
Purtell (D) Yes 
     
STATE OF NEW YORK County of Montgomery ss.:

      This is to certify that I, the Undersigned, Clerk Of The Montgomery County Legislature, have compared the foregoing copy of resolution with the original resolution now on file in the office, and which was passed by the Montgomery County Legislature on the 24th day of April, 2018, a majority of all the members elected to the Legislature voting in favor therof, and that the same is a correct and true transcript of such original resolution and of the whole thereof.
      IN WITNESS WHEREOF, I have set my hand and the official seal of the Montgomery County Legislature this 30th day of May, 2018


Totals:Aye: 9
Nay: 0 
Abstained: 0
Absent: 0



County Executive took no action on this resolution.
This resolution was enacted on 5/30/2018