[HISTORY:[1] Adopted by the Town Board of the Town of Orangetown as indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 26, Parking Meters, adopted 7-23-1956, as amended, was repealed 2-26-2019 by L.L. No. 1-2019. See now Ch. 24, Parking Lots and Meters.
[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:
EXECUTIVE SESSION
The same meaning as that term has in New York Public Officers Law § 105.
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.
A. 
Except in the case of executive sessions, the videoconferencing shall enable members of the public body to be heard, seen and identified while the meeting is being conducted, including those portions of the meeting where any motions, proposals, resolutions and any other matter are discussed and voted upon.
B. 
Members of the public shall have the opportunity to view such meeting through video and to participate by way of videoconferencing in real time at times when public comment or participation is authorized by law or by the procedural rules of the public body in a way similar to the way members of the public who are physically present at the meeting are allowed to comment or participate at such meeting.
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.
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.