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Procedures for Member Videoconferencing Pursuant to Public Officers Law § 103-a

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  1. 12023-04-27
    Procedures for Member Videoconferencing Pursuant to Public Officers Law § 103-a
    working documentmeeting · 2023-04-27

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Original file not available online (local: data/sources/village_docs/doc_2752.pdf)View version history →Meeting on 2023-04-27 →

VILLAGE OF RED HOOK RESOLUTION #8 - 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 TO ADOPT VIDEOCONFERENCING PROCEDURES.

WHEREAS, the Board of Trustees of the Village of Red Hook adopted a resolution authorizing the use of videoconferencing under extraordinary circumstances at its April 10, 2023 meeting, and,

WHEREAS, said resolution required the adoption of procedures consistent with the requirements of Public Officers Law 103-a, now therefore be it,

RESOLVED, that the Board of Trustees hereby adopts the Model Procedures for Member Videoconferencing, a copy of which is annexed hereto.

Motion by: Trustee Appenzeller Seconded by: Trustee Bradley-Rickard

Vote:

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Mayor Smythe O Absent/Excused C1 Absent/Excused Trustee Kjarval & Absent/Excused Trustee Bradley-Rickard O Absent/Excused Trustee Appenzeller ST Absent/Excused |\VoteTotal |g | ----- End of picture text -----

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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Hl} yta4) / Wesel Jennifer Cavanaugh, Clerk ----- End of picture text -----

Alt] 2s Date

Procedures for Member Videoconferencing Pursuant to Public Officers Law§ 103‐a

In compliance with Public Officers Law (POL) § 103‐a(2)(a), the Board of Trustees, following a public hearing, authorized by resolution on April 10, 2023, the use of videoconferencing as described in POL § 103‐a.

The following procedures are hereby established to satisfy the requirement of POL § 103‐a(2)(b) that any public body which in its discretion wishes to permit its members to participate in meetings by videoconferencing from private locations – under extraordinary circumstances – must establish written procedures governing member and public attendance.

  1. Board of Trustees members shall be physically present at any meeting of the Board of Trustees unless such member is unable to be physically present at one of the designated public meeting locations due to extraordinary circumstances.

  2. For purposes of these procedures, the term “extraordinary circumstances” includes disability, illness, care giving responsibilities, or any other significant or unexpected factor or event which precludes the member’s physical attendance at such meeting.

  3. If a member is unable to be physically present at one of the designated public meeting locations and wishes to participate by videoconferencing from a private location due to extraordinary circumstances, the member must notify the Mayor no later than four business days prior to the scheduled meeting in order for proper notice to the public to be given. If extraordinary circumstances present themselves on an emergent basis within four days of a meeting, the Board of Trustees shall update its notice as soon as practicable to include that information. If it is not practicable for the Board of Trustees to update its notice, the Board of Trustees may reschedule its meeting.

  4. If there is a quorum of members participating at a physical location(s) open to the public, the Board of Trustees may properly convene a meeting. A member who is participating from a remote location that is not open to in‐person physical attendance by the public shall not count toward a quorum of the Board of Trustees but may participate and vote if there is a quorum of members at a physical location(s) open to the public.

  5. Except in the case of executive sessions conducted pursuant to POL § 105, the Board of Trustees shall ensure that its members can 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. This shall include the use of first and last name placards physically placed in front of the members or, for members participating by videoconferencing from private locations due to extraordinary circumstances, such members must ensure that their full first and last name appears on their videoconferencing screen.

  6. The minutes of the meetings involving videoconferencing based on extraordinary circumstances pursuant to POL § 103‐a shall include which, if any, members participated by videoconferencing from a private location due to such extraordinary circumstances.

  7. The public notice for the meeting shall inform the public: (I) that extraordinary circumstances videoconferencing will (or may) be used, (ii) where the public can view and/or participate in such meeting, (iii) where required documents and records will be posted or available, and (iv) the physical location(s) for the meeting where the public can attend.

  8. The Board of Trustees shall provide that each open portion of any meeting conducted using extraordinary circumstances videoconferencing shall be recorded and such recordings posted or linked on the Board of Trustees website within five business days following the meeting and shall remain so available for a minimum of five years thereafter. Such recordings shall be transcribed upon request.

  9. If members of the Board of Trustees are authorized to participate by videoconferencing from a private location due to extraordinary circumstances, the Board of Trustees shall provide the opportunity for members of the public to view such meeting by video, and to participate in proceedings by video conference in real time where public comment or participation is authorized. The Board of Trustees shall ensure that where extraordinary circumstances videoconferencing is used, it authorizes the same public participation or testimony as in person participation or testimony.

  10. Open meetings of the Board of Trustees conducted using extraordinary circumstances videoconferencing pursuant to the provisions of POL 103‐a shall utilize technology to permit access by members of the pubic with disabilities consistent with the 1990 Americans with Disabilities Act (ADA), as amended, and corresponding guidelines. For the purposes of this guideline, “disability” shall have the meaning defined in Executive Law 292.

  11. The in‐person participation requirements of POL 103‐a(2)( c) shall not apply during a state of disaster emergency declared by the governor pursuant to Executive Law 28 or a local state of emergency proclaimed by the chief executive of the county or village pursuant to Executive Law 24, if the Board of Trustees determines that the circumstances necessitating the emergency declaration would affect or impair the ability of the Board of Trustees to hold an in person meeting.

  12. These procedures shall be conspicuously posted on the Board of Trustees website. 13. The public notice for the meeting shall inform the public: (i) that extraordinary circumstances videoconferencing will (or may) be used, (ii) where the public can view and/or participate in such meeting, (iii) where required documents and records will be posted or available, and (iv) the physical location(s) for the meeting where the public can attend.

Changes between versions

2026-01-12→2026-02-05
substantive change+55 −31

Equipment and pricing changed from 6 VHF portable radios at $312/month to 7 VHF mobile radios at $199.50/month, with reformatted document structure.

  • Equipment changed from 6 NX-5200K2-RRE VHF portables to 7 NX-3720HGK VHF mobiles (136-174MHz, 50W, 512 channels)
  • Monthly lease rate changed from $312.00 to $199.50
  • Customer contact changed from RED HOOK PD VIL to JAKE SMITH at (845) 444-0866
  • Lease order number added: 287450-00, dated 1/13/26
  • Document reformatted as a lease order form with billing address and sales representative information
Show red-line diff
**`NEW YORK COMMUNICATIONS COMPANY, INC. |tease ORDER: 287450-00 DATE: 1/13/26 53 WestWEST CedarCEDAR Street-STREET Poughkeepsie-¢ POUGHKEEPSIE, NY 12601`** NY: co **`(845) - 471-5520, orFAX+ 1(845) -800 471-NYCOMCO`**5593 Wireless; LEASESALESREP::#:SALESREP::#:#: . MARC MCGORY-SLE-00-SLE-00 al Communications ~~2s~~ WWW.NYCOMCO.COM EXPIRATION DATE: `LeaseDATE: No1/13/26 LEASESALESREP::#:SALESREP::#:#: .18125SLE01` MARC MCGORY-SLE-00-SLE-00 EXPIRATION DATE: Lease Renewal ## **`LEASE==> AGREEMENT`picture [89 x 18] intentionally omitted <==** New **----- York Communications Company, Inc. as Lessor hereby agrees to lease to the undersigned as Lessee subject to the terms and conditionsStart of thepicture facetext and on the reverse side hereof, the following equipment: |NO. OF UNITS-----**<br>MODEL oye= lease<br>DESCRIPTION**----- End of picture text -----**<br>6<br>NX-5200K2-RRE<br>EXISTING Biil VHFTo: PORTABLE WITH ALL ACCESSORIES<br>~~es~~<br>~~a~~| |---| |~~a ~~~~**GO**~~<br>~~esa~~<br>~~Oe~~<br>~~a~~<br>~~esa~~<br>~~Oe~~<br>~~a GO~~<br>~~esa~~<br>~~Oe~~<br>~~aGO~~| Location of Equipment: 7467 SOUTH BROADWAY,1073 RED HOOK NY 12571 The lease rate $312.00 per month for 72 months for a period of 6 year(s) (called herein the lease term) commencing on the first day of the month following the date of installation of the equipment. Lessee agrees to pay an annual payment of three thousand seven hundred and forty four dollars and no cents ($3,744.00) for a period of 6 year(s) from the effective date of the contract. The first monthly payment shall be due on the first day of the new lease term and the succeeding month until all said number of monthly payments shall have been paid. In the event any payment remains unpaid for a period of sixty (60) days or more after becoming due, Lessor may declare Lessee to be in default by notice in writing, and Lessor may retake possession of any or all of the leased equipment with or without process of law, and without demand or further notice. **The Lessor will install the equipment after Lessor receives notice of FCC approval when applicable.** Shipment shall be f.o.b. Lessor's plant, and Lessor shall not be liable for delays in delivery or failure to manufacture or deliver (1) due to causes beyond its reasonable control or (2) to acts of God, acts of the Lessee, acts of civil or military authority, priorities, fires, strikes, floods, epidemics, war, riot, delays in transportation or car shortages, or (3) inability due to causes beyond its reasonable control to obtain necessary labor, materials, components or manufacturing facilities. In the event of any such delay, the date of installation shall be extended for a period equal to the time lost by reason of the delay. SIGNED: New York Communications Company Inc. BY: Robert M. Sivco- President **President** Effective Date: End Date: **(To be filled in by NYCOMCO)** NAME: RED HOOK PDHWY VIL ADDRESS: 74877467 S BROADWAY RED HOOK NY 12571 CUSTOMER SIGNEDCONTACTS: DATEJAKE SMITH PHONE: ``` IT IS(845) FURTHER444-0866 MODEL AGREEDDESCRIPTION BY7 THE|NX-3720HGK PARTIESVHF MOBILE 136-174MHz, 50W, 512 CHANNELS / 128 ZONES UNIT PRICE 28.50 mo 199.50 mo TOTAL: ``` 199.50 m ## AUTHORIZED SIGNATURE PRINT NAME **==> picture [3 x 2] intentionally omitted <==** **----- Start of picture text -----**<br> ;<br>**----- End of picture text -----**<br> TITLE/DATE _ ## Lease Terms and Conditions (1) ASSIGNMENT.** (a) The Lessor may assign the equity interest of the equipment described in this leasetease to a bank or financial institution. The Lessor will continue to collect the monthly payments due under this lease and will continue to provide service and maintenance of the equipment for the Lessee. No obligation is imposed upon the bank or financial institution to which the equity value of the equipment may be assigned to perform or fulfill any obligations of the Lessor under this lease. The Lessee acknowledges that any claim it may have under this lease shall be asserted against the Lessor only and not against an assignee of the equity value of the equipment. (b) The Lessee may not assign this lease or any right to or use of the. equipment described herein without the written consent of the Lessor first obtained. Notwithstanding an assignment, the Lessee will remain fully obligated under this lease unless specifically released by the Lessor and any person or company which takes over the rights orrightsor obligations under this lease will have all of the rights and will be obligated to keep all of the promises and agreements made herein. (b) notify the Lessor of the name and mailing address of any party having a right or interest in any motor vehicle not unconditionally owned by the Lessee in which any of the equipment listed herein is installed; (c) at the expiration of this lease agreement, return to the Lessor in good condition except for normal wear and tear all leased equipment, together with all parts and accessories added to or installed in the leased equipment; (d) keep the label reading "Property of New York Communications Company, Inc." affixed to all leased equipment at all times, and make . equipment available for Lessor's inspection at reasonable times upon reasonable notice; (e) be responsible during the lease term for loss or theft of all portable radios listed herein and maintain adequate insurance thereon payable to the Lessor and Lessee as their interests may appear; (f) arrange for access by the Lessor or any person acting in its behalf to the location where the leased equipment is to be installed. **(2) DEFAULT** . If the Lessee be adjudicated aadjudicateda bankrupt or there is[filed] filed against it. a petition underler the bankruptcybank laws, orl if any insolvencyinsol proceedings is initiated by or against the Lessee, or if the equipment or any part thereof is encumbered, pledged, or attached, seized or taken under any judicial process, the Lessor or its assignee may at any time terminate this lease agreement and enter any premisesanypremises or vehicles where the leased equipment may be located, without process of law, and remove all said equipment, without prejudice to any other rights or remedies of the lessor or its assignee. **(7)## LIMITATION OF LIABILITY.** In no event shall the Lessor be liable for special or consequential damages. The Lessor's liability on any other claim for loss of liability, arising out of or connected with this lease, or the use of any equipment covered by this lease (including, but not limited to, loss or liability arising from breach of contract) shall in no case exceed the prorated total monthly payment then paid on the particular unit involved in the claim, except as provided in the paragraphs entitled "SERVICE" and PATENTS". **(3) SERVICE.** The performance of equipment and the liability of the Lessor under the service provision is contingent upon maintenance by a qualified communications technician, employed and certified by NYCOMCO. This maintenance is the liability of NYCOMCO andNYCOMCOand is included in the lease charges. **(8)## GOVERNMENT AUTHORIZATIONS** . Neither the Lessor nor any of its employees is an agent or representative of the Lessee and the Lessee is solely responsible for obtaining any required authorizations from the Federal Communications Commission and for compliance therewith. If this lease includes the furnishing of a tower and installation, the Lessee shall have the sole responsibility for obtaining all necessary Federal, State and Local permits or authorizations pertaining thereto. The Lessor will comply with all other applicable Federal, State or Local laws and specifically represents that any goods to be delivered hereunder shall be produced in compliance with the Fair Labor Standards Act of 1938 as amended. Except as herein expressly provided to the contrary, the provisions of this agreement are for the benefit of the parties to the lease and not for the benefit of any other person. **(4) PATENT INDEMNITY** . The Lessor will defend any suit or proceeding brought against the Lessee so far as based on a claim that any leased equipment, or any part thereof, constitutes an infringement of any patent of the United States, if notified promptly in writing and given authority, information, and assistance (at the Lessor's expense) for the defense of same, and the Lessor shall pay all damages and costs awarded therein against the Lessee. **(5) OPTION TO RENEW** . The Lessee shall have the option to renew this lease agreement at a monthly payment to be determined at or before the expiration of the lease term, by written notice prior to expiration of the lease term by execution of a renewal form. **## (6) LESSEE'S OBLIGATIONS. The Lessee shall (a) keep the equipment described herein at the location designated and shall not move it elsewhere without prior written authorization from the ## Lessor; (b) notify the Lessor of the name and mailing address of any party having a right or interest in any motor vehicle not unconditionally owned by the Lessee in which any of the equipment listed herein is installed: (c) at the expiration ofthis lease agreement, return to the Lessor in good condition except for normal wear and tear all leased equipment, together with all parts and accessories added to or installed in the leased equipment: (d) keep the label reading "Property of New York Communications Company, Inc." affixed to all leased equipment at all times, and make equipment available for Lessor's inspection at reasonable times upon reasonable notice; (e) be responsible during the lease term for loss or theft of all portable radios listed herein and maintain adequate insurance thereon payable to the Lessor and Lessee as their interests may appear; (f) arrange for access by the Lessor or any person acting in its behalf to the location where the leased equipment is to be installed. (7) LIMITATION OF[LIABILITY.][In][ no][event][shall][ the][Lessor][be] liable for special or consequential damages. The Lessor's liability on any other claim for loss of liability, arising out of or connected with this lease, or the use of any equipment covered by this lease (including, but not limited to, loss or liability arising from breach of contract) shallin no case exceed the proratedtotal monthly payment then paid on the particular unit involved in the claim, except as provided in the paragraphs entitled "SERVICE" and PATENTS". ## (8) GOVERNMENT AUTHORIZATIONS. Neither the Lessor nor any of its employees is an agent or representative of the Lessee and the Lessee is solely responsible for obtaining any required authorizations from the Federal Communications Commission and for compliance therewith. If this lease includes the furnishingof a tower and installation, the Lessee shall have the sole responsibility for obtaining all necessary Federal, State and Local permits or authorizations pertaining thereto. The Lessor will comply with all other applicable Federal, State or Local laws and specifically represents that any goods to be delivered hereunder shail be produced incompliance with the Fair Labor Standards Act of 1938 as amended. Except as herein expressly provided to the contrary, the provisions of this agreement are for the benefit of the parties to the lease and not for the benefit of any other person. (9) AMENDMENTS** . This lease agreement (and any amendments attached hereto and signed by both parties) contains the entire understanding between the parties concerning the subject matter hereof and any representation, promise, modification or amendment shall not be binding upon either party unless reduced in writing and signed on behalf of each by a duly authorized representative. ## **(6) LESSEE'S OBLIGATIONS.** The Lessee shall (a) keep the equipment described herein at the location designated and shall not move it elsewhere without prior written authorization from the Lessor;

References

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