Resolution for Use of Videoconferencing

VILLAGE OF RED HOOK RESOLUTION #7 - 2023 DATED: April 10, 2023

A meeting of the Village of Red Hook was convened in public session at the Village Hall, 7467 South Broadway, Red Hook, NY on April 10, 2023. The meeting was called to order by Mayor Smythe and, upon roll being called, the following were present:

RESOLUTION FOR USE OF VIDEOCONFERENCING.

WHEREAS, by passing Chapter 56 of the Laws of 2022 (“Chapter 56”), the New York State Legislature amended Section 103 of the Open Meetings Law; and

WHEREAS, Chapter 56 adds Section 103-a to the Open Meetings Law, permitting the Board of Trustees to authorize its members to attend meetings by videoconferencing under extraordinary circumstances, and ;

WHEREAS, Section 103-a(2)(a) requires the Board of Trustees to adopt a resolution following a public hearing authorizing the limited use of videoconferencing under such circumstances; and

WHEREAS, Section 103-a(2) allows for hybrid meetings by requiring “that a minimum number of members are present to fulfill the public body’s quorum requirement in the same physical location or locations where the public can attend”; and

WHEREAS, Section 103-a(2)(c) requires that members be physically present at any such meeting “unless such member is unable to be physically present at any such meeting location due to extraordinary circumstances .. . including disability, illness, care giving responsibilities, or any other significant or unexpected factor or event which precludes the member’s physical attendance at such meeting”; and

WHEREAS, in accordance with Section 103-a(2)(d), any members attending by video conference must, except during executive session, be “heard, seen and identified, while the meeting is being conducted, including but not limited to any motions, proposals, resolutions, and any other matter formally discussed or voted upon”; and

WHEREAS, Section 103-a(2)(g) requires that any meeting where a member attends by video conference be recorded, posted to the Board of Trustees web page within five business days, and transcribed upon request; and

WHEREAS, Section 103-a(2)(h) requires that members of the public be permitted to attend and participate, if authorized, in any meeting by video conference when a member attends by video conference.

BE IT RESOLVED, that the Board of Trustees authorizes its members who experience an extraordinary circumstance, as described above and further defined by any rules or written procedures later adopted, to attend meetings by video conference: (i) as long as a quorum of the members attend in-person at one or more locations open to the public; (ii) as long as the member can be seen, heard, and identified while the open portion of the meeting is being conducted; and (iii) as otherwise permitted under Chapter 56 of the Laws of 2022; and be it further

RESOLVED, that the Board of Trustees shall create written procedures further governing its use of videoconferencing by its members in compliance with Chapter 56 of the Laws of 2022.

Motion by: Trustee Bradley-Rickard

Seconded by: Trustee Appenzeller

Vote:

I hereby attest that the above Resolution was approved by the Board of Trustees at its April, 10, 2023 meeting, and that I have been authorized to sign this Resolution by decision of the Board of Trustees

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|fiyr, Varo L. Jennifer Cavanaugh, Clerk ----- End of picture text -----

4/}0/23

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