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.
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.
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:
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.
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.
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.
[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), as amended, and corresponding guidelines.