Town of Canandaigua, NY Chapter 44 Meetings

[HISTORY: Adopted by the Town Board of the Town of Canandaigua 4-4-1977 by L.L. No. 1-1977 (Ch. 20 of the 1977 Code). Amendments noted where applicable.]

§ 44-1 Legislative intent.

The purpose of this chapter is to provide notice to the public and the news media of the regular and special meetings of the Town Board at which public business is officially transacted, in compliance with the Open Meetings Law (Public Officers Law, Article 7). Such notice is designed to facilitate the public in attending such meetings and in observing and listening to the deliberations and decisions of this Board.

§ 44-2 Definitions.

A. The terms, words and phrases used in this chapter shall have the same meaning as such terms, words and phrases are defined in § 92 of the Public Officers Law.

B. Relevant definitions are included in Chapter 1, Article II.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 44-3 Locations for posting of notice.

The following locations are hereby designated as the sites where notice of all meetings held by the Town Board shall be posted:

A. Town Clerk's official bulletin board.

§ 44-4 Designation of news media to be notified.

Any or all of the following officially designated newspapers or newspapers of general circulation within the Town of Canandaigua and television or radio stations are hereby designated as the news media that shall receive notice of the meetings of the Town Board:

A. The Daily Messenger.

B. WCGR radio station.

§ 44-5 Duties of Town Clerk.

A. The Town Clerk shall be responsible for providing notice to the public and the news media as provided in this chapter.

B. The Town Clerk shall, upon request, whenever possible, provide notice to any person of the date, time and place of a meeting of the Town Board whether the request for such information is made in person, in writing, by telephone or via electronic mail communication.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Town Board meeting agendas shall be posted to the Town's website.[2]

[2] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 44-6 Meetings scheduled more than one week in advance.

A. The public shall be informed of meetings scheduled at least one week in advance by the posting of a notice at least 72 hours in advance of such meetings in locations designated in § 44-3 herein.

B. The newspaper(s) or radio or television station designated in § 44-4 herein shall be informed of a meeting scheduled at least one week in advance at least 72 hours in advance of such meeting via electronic mail, by telephone or by fax:[1]

(1) When notice to the news media is given by telephone, the person making such telephone call shall obtain the name and title of the officer or employee to whom the notice is given and shall write down such information and the time and date of such call as provided herein.

(2) When notice to the news media is given by electronic mail, documentation demonstrating receipt of notice by e-mail shall be retained.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 44-7 Meetings scheduled less than one week in advance.

A. The public shall be informed of meetings scheduled less than a week in advance as soon as practicable by the posting of notices in locations designated by § 44-3 herein.

B. Notice to the news media shall be delivered by telephone, fax or via electronic mail in accordance with the requirements set forth in § 44-6B(1) or (2) herein, respectively.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 44-8 Regularly scheduled meetings.

A. When the Town Board schedules meetings in advance that are to be held at specific times and locations and on specific dates, a single notice may be provided to the public and the news media.

B. Notice specifying the time, location and dates of regularly scheduled meetings shall be posted in locations designated in § 44-3 herein.

C. Notice specifying the time, location and dates of regularly scheduled meetings shall be provided to the news media designated in § 44-4 herein. Such notice shall be provided in accordance with the requirements set forth in § 44-6B(1) or (2) of this chapter.

§ 44-9 Changes in scheduled meetings.

When the time, date or location of a scheduled meeting is changed, the Town Clerk shall, as soon as practicable:

A. Post notices showing the change in date, time, or location of a meeting at the sites designated by § 44-3 herein; and

B. Provide notice to the news media designated to receive notice by § 44-4 herein as provided in § 44-6 or 44-7, as the case may be, of this chapter.

§ 44-10 Record of notices.

The Town Clerk shall keep a log or other record in which there shall be entered the following information relating to giving of public notice under this chapter:

A. The date of posting of the public notice, the date or descriptive schedule of the meeting or meetings for which notice was given and the name and title of the person who posted the notice.[1]

[1] Editor's Note: Original Subsection B, regarding notice by mail, and Subsection C, regarding notice by personal delivery, which immediately followed this subsection, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. If notice to the news media is given by telephone, the time and date of such telephone call, the date or descriptive schedule of the meeting or meetings for which such notice is given, the name and title of the officer or employee to whom it was given and the name and title of the person who gave such notice.

§ 44-11 Use of videoconferencing.

[Added 6-13-2022 by L.L. No. 4-2022]

These procedures shall govern the use of videoconferencing for all public bodies of the Town of Canandaigua, including but not limited to the Town Board of the Town of Canandaigua, the Planning Board of the Town of Canandaigua, the Zoning Board of Appeals of the Town of Canandaigua, the Environmental Conservation Board of the Town of Canandaigua, the Board of Assessment Review of the Town of Canandaigua, and all committees and subcommittees established therein (each being hereafter referred to as a "public body"):

A. A minimum number of members of the public body must be present to fulfill any quorum requirements to which said public body is subject in the same physical location or locations where the public can attend.

B. These procedures shall be conspicuously posted on the Town's website and on the webpage of each public body, if any, employing videoconferencing.

C. Members of a public body must be physically present at the meeting unless such member is unable to be physically present at such meeting location due to extraordinary circumstances, including disability, illness, caregiving responsibilities, or any other significant or unexpected factor or event which precludes the member's physical attendance at such meeting.

D. Except in the case of executive sessions, each public body shall ensure that members of the public body can be heard, seen and identified while the meeting is being conducted.

E. The minutes of any meetings involving videoconferencing shall include which, if any, members participated remotely.

F. If videoconferencing is used to conduct a meeting, the public notice for the 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 available and identify the physical location for the meeting where the public can attend.

G. The public body shall provide that each meeting conducted using videoconferencing shall be recorded and such recordings posted or linked on the public website of the Town or the public body within five business days and shall remain so available for a minimum of five years thereafter.

H. A transcript of recordings will be provided upon request, subject to availability.

I. If videoconferencing is used to conduct a meeting, the public body shall provide the opportunity for members of the public to view such meeting via video, and to participate in proceedings via videoconference in real time where public comment or participation is authorized and shall ensure that videoconferencing authorizes the same public participation or testimony as in-person participation or testimony.

J. The Town of Canandaigua will continue to maintain its official website.

K. The in-person participation requirements set forth above shall not apply during a state disaster emergency declared by the Governor pursuant to § 28 of the Executive Law, or a local state of emergency proclaimed by the Chief Executive of a county, city, village or town pursuant to § 24 of the Executive Law, if the Board determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the public body to hold an in-person meeting.

L. Open meetings of any public body that are broadcast or that use videoconferencing shall utilize technology to permit access by members of the public with disabilities consistent with the 1990 Americans with Disabilities Act (ADA),[1] as amended, and corresponding guidelines.

[1] Editor's Note: See 42 U.S.C. § 12-101 et seq.