Despite the local environmental advocacy group Seneca Lake Guardian, saying that the vote was deemed invalid, Seneca Falls town supervisor Frank Schmitter says that a vote this week on the future of the Seneca Meadows Landfill is valid.
Schmitter says there is no such requirement for a second motion under state law.
The Seneca Falls Town Board voted in favor of a new $150 million dollar host community agreement and allowing the landfill to remain open until 2040.
The State Department of Environmental Conservation has the final say on the future of the landfill.
Schmitter released the following statement-
While it was a busy meeting with many members of the public present to address the board and a Public Address system that did not always cooperate, I do not recall if particular items on the agenda were seconded by a board member or not. But if any item before the board was not seconded by another board member, it would not affect the validity of board action on that item in any way.
Our Board generally follows Robert’s Rules of Order during our meetings, which states that the reason a second is usually required to prevent a group from considering motions that only one member supports. Once a vote is taken and a motion is adopted, the lack of a second has no impact.”
Further, New York State Public Officer’s Law section 106(1) states that ‘Minutes shall be taken at all open meetings of a public body which shall consist of a record or summary of all motions, proposals, resolutions and any other matter formally voted upon and the vote thereon.’ The matters considered by the Town Board at the March 4 meeting were formally voted upon and are valid. They have not been nullified. And they will appear in the minutes of that Town Board meeting.
