[Adopted 6-13-2023 by L.L. No. 5-2023]
Unless otherwise expressly stated, wherever used in this article,
the following terms shall have these meanings:
EXTRAORDINARY CIRCUMSTANCES
A disability, a hospitalization, an illness, caregiving responsibilities,
exposure to a serious communicable disease, the hospitalization, death
or illness of a relative or a significant or unexpected factor or
event that prevents a member of a public body from being physically
present at the location of such public body's meeting,
PUBLIC BODY
The Town Board, the Planning Board, the Zoning Board of Appeals,
the Architecture and Community Board of Review, the Board of Assessment
Review, the Historical Areas Board of Review, the Project Review Committee
and the Traffic Advisory Board.
At its discretion, a public body may employ videoconferencing
during any meeting that is required to be open to the general public
pursuant to Article 7 of the New York Public Officers Law, even in
the absence of a declaration of emergency, provided that a quorum
of the members of the public body is present in the same physical
location where members of the public can attend such meeting and such
body complies with this article.
Members of the public body shall be physically present at the location of such meeting unless a member is unable to be physically present due to extraordinary circumstances. If the public body exercises its discretion under §
26-3 of this article, a member of the public body who is not physically present at the location of such meeting due to extraordinary circumstances may participate at such meeting and vote on any matters on which the public body votes by means of videoconferencing. The extraordinary circumstance preventing that member's physical attendance shall be announced during the meeting.
If it is contemplated that videoconferencing will be used at
a meeting, the public notice for that meeting shall inform the public
that videoconferencing will be used, where the public can view and/or
participate in such meeting, where required documents and records
will be posted or be available and identify the physical location
where the public can attend the meeting. If extraordinary circumstances
present themselves on an emergent basis, the public body shall update
its notice as soon as practicable to update its notice to include
that information, which updated notice shall be posted on the Town's
website.
The videoconferencing media shall utilize technology that permits
access by members of the public with disabilities in a manner that
is consistent with the 1990 Americans with Disabilities Act, as amended, and its corresponding guidelines and regulations.
The minutes of any meeting where videoconferencing is used shall include which members participated remotely and shall be made available to the members of the public pursuant to New York Public Officers Law §
106.
The public body shall provide that each meeting where videoconferencing
is used be recorded and that such recording be posted or linked on
the public website of the Town of Orangetown within five business
days following the meeting. The recording shall not contain discussions
during an executive session or during recesses to obtain advice of
counsel. The recording shall remain available on the website for a
minimum of five years after the meeting was adjourned. Such recordings
shall be transcribed upon request at a cost to the requestor equivalent
to the rate charged by a court reporter for transcribing the minutes
of a trial or hearing.
This article is deemed to be the written procedures governing
member and public attendance required by New York Public Officers
Law § 103-a, Subdivision 2(b). It shall be posted conspicuously
on the Town of Orangetown's website.
The requirement for physical presence by members of a public body contained in §
26-3 of the Code shall not apply during a state disaster emergency declared by the Governor pursuant to §
28 of the New York Executive Law, or a local state of emergency proclaimed by the County Executive of Rockland County or the Supervisor of the Town of Orangetown pursuant to §
24 of the New York Executive Law, if the public body determines that the circumstances that led to the declaration of a state disaster emergency or a local state of emergency would affect or impair the ability of the public body to conduct an in-person meeting.